Decision No. 657/QD-TTg 2020 investment policies of Terminal 3 construction Project at Tan Son Nhat Airport

DECISION

On approving investment policies of the Terminal 3 construction Project at Tan Son Nhat International Airport

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THE PRIME MINISTER

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

Pursuant to the Law on Investment dated November 26, 2014;

Pursuant to the Government’s Decree No. 118/2015/ND-CP dated November 12, 2015 on detailing and guiding the implementation of a number of Articles of the Law on Investment;

At the proposal of the People s Committee of Ho Chi Minh City in the Document No. 3714/UBND-DA dated September 10, 2019 on investment policies of the Terminal 3 construction Project at Tan Son Nhat International Airport;

Pursuant to the Report on the appraisal results of the Ministry of Planning and Investment in the Document No. 8802/BC-BKHDT dated November 25, 2019 on investment policies of the Terminal 3 construction Project at Tan Son Nhat International Airport attached to the project dossier and the Document No. 1764/BKHDT-GSTDDT dated March 19, 2020 of the Ministry of Planning and Investment on the Project s investment policies.

DECIDES:

Article 1.To approve investment policies of the Terminal 3 construction Project at Tan Son Nhat International Airport with the main contents as follows:

1. Investor: Airports Corporation of Vietnam - JSC (ACV).

2. Project’s name: The project of construction of the Terminal 3 at Tan Son Nhat International Airport.

3. Project’s objectives: To invest to construct the Terminal 3 at Tan Son Nhat International Airport with a capacity of 20 million passengers each year and synchronous auxiliary works, serving domestic operations at Tan Son Nhat International Airport to meet the requirements of exploitation and in accordance with the planning and division of exploitation output between Long Thanh Airport and Tan Son Nhat Airport, reducing the load for Terminal 1 which is currently overloaded, improving the passenger service quality.

4. Scale of construction investment: The Terminal 3 is of international standard, with a designed capacity of 20 million passengers/year, expansion of apron for aircraft, synchronous construction auxiliary items (technical systems, internal traffic, surface water drainage and wastewater drainage).

5. Total investment for the project implementation: Total investment for the project is estimated at VND 10,990 billion, which is fully funded by the Airports Corporation of Vietnam (the state budget capital shall not be used).

6. The land lease on the project shall be for 50 years starting from the date on which decisions involving land allocation and lease are taken, in accordance with law provisions.

7. Location: Tan Son Nhat International Airport, Tan Binh District, Ho Chi Minh City.

8. Implementation schedule:

- The capital contribution schedule is consistent with the project implementation schedule.

- The construction schedule is estimated at 37 months from the date on which the investment policies are approved.

9. Incentives and investment support: To comply with current regulations of law.

10. Effective period of the decision on investment policies: From the date on which the decision takes effect and ceases to be in force under current regulations of law.

Article 2. Implementation organization

1. The People’s Committee of Ho Chi Minh City is assigned to:

a) To take responsibility for information and data reported in project dossiers and contents of evaluation of project dossiers in documents sent to the Ministry of Planning and Investment in accordance with law provisions; ensure that the Airports Corporation of Vietnam is eligible for land allocation, land lease, land use conversion by the State to carry out the investment project according to the schedule and law provisions on investment and land.

b) To direct the Airports Corporation of Vietnam to complete the project according to opinions of the Ministry of Planning and Investment and relevant ministries and branches; to deposit in accordance with Article 42 of the Law on Investment and Article 27 of the Government’s Decree No. 118/2015/ND-CP dated November 12, 2015 on detailing and guiding the implementation of a number of Articles of the Law on Investment and organize to implement the project in accordance with current law provisions.

c) To inspect and monitor the Airports Corporation of Vietnam’s project implementation in accordance with law provisions, the Prime Minister’s directions and relevant ministries and branches’ opinions, including: Inspecting and monitoring the capital mobilization of the Airports Corporation of Vietnam according to the project implementation schedule.

d) To coordinate with the Ministry of Natural Resources and Environment in directing the Airports Corporation of Vietnam to comply with the procedures for assessing the environmental impacts of the project in accordance with law provisions on environmental protection. At the same time, to ensure the project implementation according to law regulations on environmental protection.

dd) To direct relevant agencies and guide the Airports Corporation of Vietnam to implement tax incentives and related policies in accordance with current law provisions; to coordinate in timely settling difficulties arising in the project implementation and organization.

2. The Ministry of Transport shall:

a) To take responsibility for proposing to assign the Airports Corporation of Vietnam as the investor to implement the project with its capital.

b) To coordinate with and provide guidelines to the Airports Corporation of Vietnam in the reviewing and completing the project dossier, ensure to invest the project according to the Scheme on assigning, managing, using and exploiting aviation infrastructure assets invested and managed by the State and relevant legal document and the Prime Minister’s directions.

c) To organize and implement the specialized state management function with the project in the investment and management of exploitation and use of the Terminal 3 of the Tan Son Nhat International Airport in accordance with law provisions.

d) To assume the prime responsibility for and coordinate with the Ministry of National Defense in directing the determination of boundaries of areas exclusively used for civil activities and areas commonly used for civil and military activities under civil management as prescribed.

3. The Ministry of Natural Resources and Environment shall:

A) To support and provide guidance to the People s Committee of Ho Chi Minh City, the Ministry of National Defense and Ministry of Transport in land allocation, land lease and land use purpose transfer for implementing the Project in line with the land use plans approved by competent authorities according to law provisions on land.

b) To support and provide guidance to the Airports Corporation of Vietnam in completing dossiers and implementing the environmental impact assessment procedures of the project in accordance with law provisions on environmental protection; to comply with regulations on water resource protection according to the law on water resource in the implementation of the project.

4. The Committee for Management of State Capital at Enterprises is assigned to:

- To direct and provide guidance to the Airports Corporation of Vietnam to carry out the next steps of investment preparation and construction investment according to the current regulations, ensuring the Project s objectives, progress, effectiveness and safety the process of construction and operation.

- To request a representative for capital share at the Airports Corporation of Vietnam: (i) To organize the implementation of investment in accordance with the provisions of law, project management, ensure the Project implementation schedule and the efficient use of State capital invested in the enterprise; formulating financial plans for the Project implementation, ensuring investment efficiency, using efficiency, preserving and developing state capital, and managing exploitation and use of the Terminal 3 of Tan Son Nhat International Airport in accordance with law provisions; (ii) To organize the monitoring and evaluation of Project investment in accordance with the law and timely report on violations (if any).

- The Committee shall take responsibility for the efficient use of State capital invested in the enterprise, ensuring the most interest for the State and enterprise when the Airports Corporation of Vietnam carries out the Project investment.

5. The Ministry of National Defense is assigned to:

a) To assume the prime responsibility for and coordinate with the Ministry of Transport, the People s Committee of Ho Chi Minh City, Airports Corporation of Vietnam and relevant agencies in adjusting the land use planning from defense land to transport land for submission to the Government for approval in accordance with the law on land. To organize and implement according to the order and procedures for a land assignment for project implementation strictly according to law provisions.

b) To assume the prime responsibility for and coordinate with the Ministry of Public Security and the Ministry of Transport in ensuring aviation security in accordance with law provisions on aviation.

6. The Ministry of Public Security is assigned to:

To perform the state management function and coordinate with the Ministry of National Defense, Airports Corporation of Vietnam and relevant agencies in managing the assurance of security and safety for aviation activities in accordance with law provisions.

7. The Ministry of Construction is assigned to:

To perform the state management function and coordinate with the Ministry of Transport and Committee for Management of State Capital at Enterprises in providing guidance to the Airports Corporation of Vietnam in the Project implementation in accordance with law provisions on construction.

8. The Airports Corporation of Vietnam - JSC is assigned to:

a) To take responsibility for information and data reported in the Project dossier, project investment efficiency, the efficiency of use, preservation and development of state capital according to law provisions.

b) To organize to prepare, appraise and approve the feasibility study report in accordance with current regulations (Note: To continue to review the scale and volume of the Project s items to ensure that they are in accordance with the economic and technical norms, the content, calculation method, the conformity of the volume and the unit price applied to determine the total investment for the investment efficiency).

c) To urgently complete the report on the assessment of environmental impacts, submit the Ministry of Natural Resources and Environment for appraisal and approval as prescribed. To implement the Project only when the report on the assessment of environmental impacts is approved and appraised by the Ministry of Natural Resources and Environment.

d) To organize, implement and manage the Project in accordance with law provisions.

dd) To closely coordinate with the Ministry of Public Security and Ministry of National Defense in ensuring aviation security at airports and airfields; ensuring economic development in association with national defense and security, improve the efficiency of operation of Terminal 3 at Tan Son Nhat International Airport.

Article 3. Implementation provision

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

2. The ministers of Planning and Investment, Finance, Construction, Natural Resources and Environment, Transport, National Defense, Public Security, the President of the Committee for Management of State Capital at Enterprises and the Chairperson of People s Committee of Ho Chi Minh City, the Airports Corporation of Vietnam - JSC, concerned agencies and units shall take responsibilities for implementing this Decision./.