Resolution No. 110/NQ-CP dated August 25, 2018 of the Government on a number of key solutions to mechanism and policy problems in construction investment activities

THE GOVERNMENT

Resolution No. 110/NQ-CP dated August 25, 2018 of the Government on a number of key solutions to mechanism and policy problems in construction investment activities

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

At the proposal of the Minister of Construction,

Resolves:

Construction investment activities have been a very important contribution to socio-economic development; it affects directly on businesses and people. Construction investment activities lie under the adjustment of many legal regulations with many different groups of procedures under the responsibility of many ministries, branches and localities. In the past time, the legal system of construction investment has been perfected; the management of construction investment has many positive changes; the effect of investment, construction, and quality of construction works has been improved. However, a number of investment procedures for construction was still complicated and took long time to operate; provision in some legal documents was still inconsistent and overlapping. There also was a loose and unpunctual coordination between branches and levels in organizing the implementation of the law on construction investment.

To remove difficulties and problems related to mechanisms and policies on construction investment; improve the business investment environment; create favorable conditions for people and enterprises, and raise the efficiency and effectiveness of state management of construction investment, the Government requests the Ministers, the Heads of the ministerial-level agencies, the Presidents of the People s Committees of the provinces and central-affiliated cities, the Heads of the agencies and organizations to raise the leader responsibility and direct the implementation of following solutions:

I. COMPLETE A SYNCHRONOUS LEGAL SYSTEMS, REFORM ADMINISTRATIVE PROCEDURES, SIMPLIFY CONDITIONS FOR BUSINESS INVESTMENT, AND RESOLVE CHALLENGES AND DIFFICULTIES IN CONSTRUCTION INVESTMENT ACTIVITIES

1. Ministries and central agencies shall:

- Revise and propose amendments, supplements as well as promulgate laws, decrees, and circulars within assigned scope to ensure the synchronicity among laws, between decrees and laws, circular and decrees in: project preparation and implementation, finish the construction and put project’s works into operation and use, ensure efficiency of state management, resolve difficulties in construction investment activities, especially in administration procedures and criteria of business investment.

Offer the schedule and content and amendments of laws, decrees prescribed by Law on Promulgation of law and register the annual legislative program.

- The Ministry of Justice shall collect offers of ministries and branches to report to the Government of annual legislative program. On the assessment progress of policies, draft of legal documents on construction investment must focus on constitutionality, legality and unification of the content.

2. Immediate tasks:

a) The Ministry of Construction shall:

- Study and promulgate the Law on amending and supplementing:  Law on Construction, Housing, Real Estate Business and Urban Planning in order to ensure the unity of the legal system, simplify administrative procedures and business investment criteria and create favorable conditions for people and enterprises, and submit it to the National Assembly at the 7 session.

- Promptly formulate the Decree on amend and supplement on Decree No. 32/2015/ND-CP on management of construction investment expenses, Decree No. 37/2015/ND-CP detailing on construction contracts then submitted to the Government in November 2018.

- Synchronously and promptly implement the Scheme on renewal of the system of standards and technical regulations on construction and the Scheme on renewal of the approved norm system and construction price as a basis for management of construction investment, avoid losses and waste.

b) The Ministry of Planning and Invesrtmentshall:

- Take charge and cooperate with related ministries and branches to complete the bill of Law on Public Investment with orientations of simplify administrative procedures; enhance decentralization and take initiative in making, appraising and assigning medium and long-term public investment plans; ensure to remove difficulties, obstacles and inadequacies in the implementation of Law on Public Investment, and submit to the National Assembly at the 6^thsession.

- Take charge and cooperate with related ministries and branches to complete the bill of Law on Investment,Enterprises with orientations of amend the regulation on the Scope of regulation; principles of application of the Law on Investment; eligible subjects for investment preferences; investment incentives; conditional business lines; investment competence and procedures; the criteria for determining investment projects falling under the Prime Minister s investment-deciding competence; issue certificates of investment registration and state management of investment and business activities, ensure the unity of the legal system and improvement of the investment and business environment, submit to the Government in March 2019.

- Take charge and cooperate with related ministries and branches to study, evaluate and propose amendments and supplements to a number of articles of the Law on Bidding, the Decree No. 63/2014/ND-CP on detailing the implementation of a number of articles of the Law on Bidding regarding the selection of contractors under directions: modification of the process, form of selection of contractor, investor; modifying the contents of the bidding for consultancy; expand the scope of contractor appointment for construction planning consultancy; amend the contents of criteria for determination of bidding package prices, contents related to construction contracts in construction bidding activities, etc, with a view to ensuring the unity of the legal system, remove inadequacies in practice.

- Complete the Decree on amend and supplement the Government s Decree No. 77/2015/ND-CP dated September 10, 2015 on the medium-term and annual public investment plans; Decree No.136/2015/ND-CP dated December 31, 2015 of the Government guiding the implementation of a number of articles of the Law on Public Investment; Decree No. 161/2016/ND-CP dated December 2, 2016 of the Government on the specific mechanism for management of construction investment for a number of projects under National target programs in the 2016-2020 period.

c) The Ministry of Finance shall:

- Take charge and cooperate with related ministries and branches to review and finalize the implementation of the Law on the Management and Use of State Capital for Investment in Production and Business at Enterprises, the Law on State Budget in 2015 and Decree No. 163/2016/ND-CP dated December 21^st, 2016 of the Government detailing the implementation of a number of articles of the Law on State Budget; propose solutions to solve problems in the implementation of these documents; report to the Government in the fourth quarter of 2018.

- Take charge and cooperate with related ministries, branches and agencies to amend and supplement a number of articles of Circular No. 55/2016/TT-BTC dated July 21, 2017 of the Ministry of Finance and Circular No. 75/2017/TT-BTC dated March 23, 2016 of the Ministry of Finance regulates some aspects of financial management of investment projects in the form of public-private partnerships and the cost of selecting investors.

d) The Ministry of Natural Resources and Environment shall:

- Take charge and cooperate with related ministries, branches and agencies to draft the Law on amending and supplementing a number of articles of the Land Law along the direction of agreeing on delayed implementation of the land evicted project between the Land Law and Law on Investment; expand the forms of project execution assurance; simplify business conditions, reforming administrative procedures and removing difficulties for enterprises; report to the Government in the first quarter of 2019.

II. ENHANCE THE CLOSELY, SYNCHRONOUS AND PROMPTLY COORDINATION IN THE PROCESS OF DRAFT, PROMULGATE AND IMPLEMENT LAWS

1. The Ministers and the Heads of the ministerial-level agencies should take the initiative in working with other concerned Ministers or Heads of the ministerial-level agencies in the process of directing the amendments, supplements and promulgation of new bills to ensure uniformity, synchronization, eliminate conflicts, overlapping, partial interests and group interests in the fields of state management of construction investment.

The lead drafting agency is responsible for coordinating closely and effectively with the National Assembly s Agencies and the Office of National Assembly in the process of drafting legal proposals as well as drafting, verifying, studying , adopting , revising, considering and approving in order to ensure the uniformity of the bill’s contents from the beginning, to ensure the progress and quality of the bills.

2. Ministries, branches, People’s Commitees of provinces and central citiesshall:

a) Strengthen the coordination between state agencies, sharing information connection, implementation of the single-window mechanism, single-window interconnected in the implementation for investment in construction, land, environment, fire fighting and prevention, electrical and water connection.

Promotethe application of information technology, building e-government; deploy the online service provision system at level 3 and 4 in the implementation of administrative procedures for investment in construction, land and environment. At the same time, widely disseminated to individuals, organizations and enterprises in construction investment to improve the efficiency of online public services application.

b) Strengthen dialogue with people and enterprises; information transparency; heighten the responsibility of the leader in receiving, responding to proposals, dialogue with people and enterprises.

-  Improvethe quality of receiving and responding to people’s  problems, difficulties and recommendations in the appropriate way and directly to the content of the proposal; propose rational and timely solutions. The written replies to any problems or petitions must be sent to the proposing individuals or organizations and send to the Government Office simultaneously, the Vietnam Chamber of Commerce and Industry shall sum up and post on the System of receiving and responding to complaints and petitions.

- The Vietnam Chamber of Commerce and Industry shall cooperates closely with ministries, branches, provincial and municipal People s Committees, associations and enterprises in receiving and responding to obstacles and petitions in construction investment; organize dialogue with people and enterprises.

- The Office of the Government shall promptly sum up and send to competent agencies for settlement problems and petitions of people and enterprises through the System of receiving and responding to complaints and petitions; post the contents of the complaint, petition response immediately after received the reply from the competent authorities.

- Individuals, organizations and enterprises engaged in construction investment activities shall regularly update legal provisions on construction investment and online public-utility applications in order to apply and overcome the situation of direct application which causeshigh price and time-consuming administrative procedures.

III. STRENGTHEN THE APPARATUS AND ORGANISE, IMPROVE THE RESPONSIBILITY AND SERVICE ATTITUDE AND PROFESSIONAL CAPACITY OF THE STATE OFFICERS AND STAFFS

- The ministries, branches and People s Committees of the provinces and central cities shall review the apparatus and payroll of the specialized agencies for construction investment, ensuring the fulfillment of their assigned tasks.

- Raise the responsibility of ministries, branches and localities, especially the heads; intensify the discipline of state officers and staffs in performing their tasks and public duties; promote democracy, democratic regulations.

- Regularly organize training courses to enhance the professional capacity and professional ethics of the state officers and staffs, especially who directly handle the administrative procedures for construction investment.

- Develop and publictheprocedures and regulations on handling internal affairs. Promote measures to ensure settlement of administrative procedures ontime or before due date. Change the position of professional staffs who perform particular task groups as prescribed by the Government.

- Strictly and promptly discipline organisations, individuals, leaders, state officers and staffs who violate the provisions of law and deliberately hindering, causing difficulties or delaying the execution of projects or construction investment works. Promptly replace inadequate, moral degeneracy, negative and corrupt state officers and staffs.

IV. ENHANCE LEGAL DISSEMINATE ON CONSTRUCTION INVESTMENT, INSPECT AND MONITOR LEGAL IMPLEMENTATION

- Renovate methods, enhancing effectiveness of legal dissemination and education; public legal regulations on the mass media promptly.

- Enhance the inspection and understanding of real situation, promptly remove and propose to remove difficulties and problems of ministries, branches, localities, people and enterprises on construction investment.

- Focus on inspection, examination and supervision of the implementation of regulations on construction investment; publicize the list of ministries, branches and localities hinder or delay the disbursement according to the provisions of law. Decisively handle violations on construction investment, group interests, negative, corruption, waste, especially in high-concern and urgent cases.

V. IMPLEMENTATION ORGANIZATION

1. The Ministers, the Heads of the ministerial-level agencies, the presidents of the People’s Committees of provinces and central-affiliated cities, the heads of the concerned agencies according to their respective functions and tasks shall direct, guide and perform solutions in this Resolution in order to promptly remove difficulties and problems related to mechanisms and policies related to construction investment.

2. The Ministry of Construction shall take charge and cooperate with concerned ministries and branches in monitor and inspect the process and result of the implementation of the Resolution; sum up and report to the Prime Minister on the implementation of the ministries, branches and localities upon request./.

For the Government

The Prime Minister

Nguyen Xuan Phuc