Decision 17/2022/QD-TTg delegation of powers for implementation of projects on construction of expressways

DECISION

On delegation of powers for implementation of public investment projects and component projects on construction of expressways under the Program on socio-economic recovery and development^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 19, 2015 Law on Organization of Local Administration;

Pursuant to the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the June 22, 2015 Law on Promulgation of Legal Documents; and the June 18, 2020 Law Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents;

Pursuant to the November 13, 2008 Law on Road Traffic;

Pursuant to the June 13, 2019 Law on Public Investment;

Pursuant to the June 25, 2015 Law on the State Budget;

Pursuant to the June 18, 2014 Construction Law; and the June 17, 2020 Law Amending and Supplementing a Number of Articles of the Construction Law;

Pursuant to the June 21, 2017 Law on Management and Use of Public Property;

Pursuant to the National Assembly’s Resolution No. 43/2022/QH15 of January 11, 2020, on fiscal and monetary policies in support of the Program on socio-economic recovery and development;

Pursuant to the National Assembly’s Resolution No. 58/2022/QH15 of June 16, 2022, on the investment policy for the investment project to build the Khanh Hoa-Buon Ma Thuot expressway, phase 1;

Pursuant to the National Assembly’s Resolution No. 59/2022/QH15 of June 16, 2022, on the investment policy for the investment project to build the Bien Hoa-Vung Tau expressway, phase 1;

Pursuant to the National Assembly’s Resolution No. 60/2022/QH15 of June 16, 2022, on the investment policy for the investment project to build the Chau Doc-Can Tho-Soc Trang expressway, phase 1;

At the proposal of the Minister of Planning and Investment;

The Prime Minister promulgates the Decision on delegation of powers for implementation of public investment projects and component projects on construction of expressways under the Program on socio-economic recovery and development.

Article 1. Scope of regulation, subjects and period of application

1. Scope of regulation:

The public investment projects and component projects on construction of expressways under the Program on socio-economic recovery and development specified in the National Assembly’s Resolution No. 43/2022/QH15 of January 11, 2022, on fiscal and monetary policies in support of the Program on socio-economic recovery and development (below referred to as the Program), except the projects and component projects of which the Ministry of Transport is the managing agency.

2. Subjects of application:

a/ Provincial-level People’s Committees delegated to act as managing agencies.

b/ The Ministry of Transport, and related ministries and agencies.

c/ Organizations and individuals engaged in the preparation for and implementation of public investment projects and component projects on construction of expressways under the Program.

3. Period of application:

The period of application must comply with Clause 3, Article 5 of the National Assembly’s Resolution No. 43/2022/QH15 of January 11, 2022.

Article 2. Principles of and requirements on delegation of powers

1. To delegate powers to provincial-level People’s Committees that have made proposals therefor and have sufficient managerial capacity and experience once the maximum capacity of the Ministry of Transport has been reached.

2. An expressway shall be divided into several component projects and delegated to provincial-level People’s Committees for acting as managing agencies based on administrative boundaries. In case the administrative line or boundary lies in the center of the location of a bridge, tunnel or road junction, the entire bridge, tunnel or road junction shall belong to a component project.

3. Requirements for provincial-level People’s Committees delegated to act as managing agencies:

a/ To allocate investment capital (even in case total investment capital is increased) in order to complete the projects as scheduled.

b/ To have sufficient managerial capacity and experience or have measures to enhance  managerial capacity and experience for implementing the projects and component projects, meeting requirements on implementation schedule and quality in accordance with law.

c/ To be held fully responsible for project implementation, ensuring implementation progress, quality, efficiency, feasibility and synchronism.

Article 3. Delegation contents

To delegate provincial-level People’s Committees to act as managing agencies of the public investment projects and component projects on construction of expressways under the Program in the Appendix to this Decision.

Article 4. Organization of implementation

1. Responsibilities of the Ministry of Transport:

a/ To hand over pre-feasibility study report dossiers of 3 investment projects on construction of Khanh Hoa-Buon Ma Thuot expressway, phase 1; Bien Hoa - Vung Tau expressway, phase 1; and Chau Doc - Can Tho - Soc Trang expressway, phase 1, of which investment policies have been approved at the 3^th session of the 15^th National Assembly, and the project on construction of Cao Lanh-An Huu expressway, phase 1, of which the investment policy has been approved by the Prime Minister, to provincial-level People’s Committees delegated to act as managing agencies of component projects for the latter to receive and proceed with upcoming steps; to guide and coordinate with managing agencies in making investment preparation for these projects and component projects.

b/ To provide technical assistance for, and coordinate in, removing difficulties and obstacles; to intensify professional capacity (general experience for organizations, particular experience for individuals, necessary certificates, etc.) of localities to meet delegation conditions specified in the National Assembly’s Resolution No. 43/2022/QH15; to guide, examine, supervise, and urge localities delegated to act as managing agencies to strengthen their governance and professional capacity.

c/ To formulate, appraise and approve investment decisions, and organize the implementation of component projects which are not delegated to provincial-level People’s Committees in accordance with law.

d/ To assume the prime responsibility for dividing projects and component projects of which the administrative lines or boundaries lie in the center of the location of bridges, tunnels or road junctions, ensuring the synchronism, efficiency and feasibility of such projects and component projects and their suitability with localities’ capacity and resources.

dd/ To perform the state management of basic design appraisal; to regulate the maintenance, use management, and operation of construction works after they complete according to their competence; to examine and supervise the compliance with construction standards, and master plans and plans, construction of works and projects, and connection with the network of transport works currently in use.

e/ To act as a focal point for monitoring, guiding, examining and reporting on the implementation of ministries and ministerial-level agencies according to the functions and tasks specified in Article 163 of the Law on Construction.

g/ To assume the prime responsibility for reporting to competent authorities for consideration and decision the adjustment of investment policy of national important projects upon occurrence of factors that lead to the need to adjust investment policy.

h/ To comply with the Law on Public Investment regarding the adjustment of medium-term and annual public investment plans financed by the state budget: To propose the transfer of the medium-term 2021-2025 public investment plan from the Ministry of Transport to provincial-level People’s Committees delegated to act as managing agencies, and send it to the Ministry of Planning and Investment for summarization and reporting to the Government for submitting to the National Assembly Standing Committee for consideration and decision.

i/ To receive construction works after managing agencies complete the construction and account-finalization of the projects for management, operation, exploitation and maintenance according to regulations.

2. Responsibilities of the Ministry of Planning and Investment:

a/ To notify, under the authorization of the Prime Minister, the list of projects and component projects under the Program and their estimated capital level for the Ministry of Transport and managing agencies to complete relevant procedures and carry out the investment under regulations.

b/ To comply with the Law on Public Investment regarding adjustment of annual and medium-term public investment plans financed by the state budget: To summarize plans on transfer of the medium-term 2021-2025 public investment plan from the Ministry of Transport to provincial-level People’s Committees, and submit them to the competent authority for consideration and decision.

c/ To monitor and examine the allocation of plans and implement projects under the Program.

3. Responsibilities of the Ministry of Finance:

a/ To ensure the mobilization of resources and urge the disbursement for projects under the Program.

b/ To comply with the Law on Public Investment regarding adjustment of annual and medium-term public investment plans financed by the state budget: To coordinate with the Ministry of Planning and Investment in appraising plans on transfer of the medium-term 2021-2025 public investment plan from the Ministry of Transport to provincial-level People’s Committees delegated to act as managing agencies.

c/ To coordinate with ministries and localities in handling issues related to project implementation.

d/ To guide the Ministry of Transport and localities in conducting account-finalization of projects upon completion.

4. Responsibilities of the Ministry of Natural Resources and Environment:

To guide, or submit to competent authorities for guidance, the compensation and support for resettlement upon land recovery by the State concerning more than one province or centrally run city in case provincial-level People’s Committees are delegated to act as managing agencies of investment projects of which investment policy is decided by the National Assembly or Prime Minister.

5. Responsibility of the Ministry of Construction:

To perform the functions and tasks assigned under Article 162 of the Construction Law and provide instructions to managing agencies so as to ensure satisfaction of conditions for carrying out construction activities in the course of implementation of projects and component projects.

6. Responsibilities of provincial-level People’s Committees delegated to act as managing agencies:

a/ To perform the functions and tasks assigned under Article 164 of the Construction Law; to perform the functions and tasks of the delegated agencies and comply with mechanisms on examination, supervision and inspection so as to prevent policy profiteering, group interest, loss and waste.

b/ To be held fully responsible for personnel consolidation and ensuring that their attached project management units or project management consultants have sufficient capacity and experience, meeting the conditions on delegation as specified in the National Assembly’s Resolution No. 43/2022/QH15 and stated their commitment documents; to comply with the law on construction and other relevant laws; to be held fully responsible for its proposal to the Prime Minister to delegate provincial-level People’s Committees to act as managing agencies according to the principles and requirements specified in Article 2 of this Decision.

c/ For the project on construction of a bridge spanning the Day River to connect Ninh Binh province to Nam Dinh province, which belongs to the Ninh Binh-Nam Dinh-Thai Binh-Hai Phong expressway, the People’s Committee of Nam Dinh province shall assume the prime responsibility for, and coordinate with related agencies in, formulating, appraising, and submitting to competent authorities for approval, or approving, the adjustment of the investment policy of such project;

d/ For the project on construction of the Hoa Binh-Moc Chau expressway (Km19 - Km53), the People’s Committee of Hoa Binh province shall assume the prime responsibility for, and coordinate with related agencies in formulating, appraising, and submitting to competent authorities for approval, or approving, the adjustment of the investment policy of such project.

dd/ Based on the investment policy of the overall project approved by the competent authority, managing agencies shall receive dossiers from the Ministry of Transport and formulate, appraise, and submit to competent authorities for approval, or approve, decisions on investment in projects and component projects under regulations.

e/ To organize project implementation, ensuring the quality, schedule, and compliance with law; to approve account-finalization of delegated projects and component projects upon their completion, and send decisions approving the account-finalization of the completed projects to the Ministry of Transport for inclusion in reports on approval of account-finalization of investment capital of whole projects; and hand over the completed works to the Ministry of Transport for management, operation and maintenance under regulations.

g/ To allocate sufficient investment capital as committed to fulfill projects and component projects as scheduled. In case a project or component project which is delegated to a provincial-level People’s Committee for acting as the managing agency has its total investment level increased compared to the level approved by the competent authority, the provincial-level People’s Committee shall allocate funds from the local budget and other lawful funding sources to complete the project or component project according to regulations. For the investment projects on construction of Khanh Hoa-Buon Ma Thuot expressway, phase 1; Bien Hoa-Vung Tau expressway, phase 1; and Chau Doc-Can Tho-Soc Trang expressway, phase 1, Clause 4, Article 3 of the National Assembly’s Resolutions No. 58/2022/QH15, No. 59/2022/QH15, and No. 60/2022/QH15 of June 16, 2022, shall apply.

Article 5. Effect

1. This Decision takes effect on the date of its signing.

2. Ministers, heads of ministerial-level agencies, chairpersons of provincial-level People’s Committees delegated to act as managing agencies of public investment projects and component projects under the Program shall implement this Decision.-

For the Prime Minister
Deputy Prime Minister
LE VAN THANH