Resolution No. 437/NQ-UBTVQH14 dated October 21, 2017 of the National Assembly Standing Committee on tasks and solutions to further improve, and speed up the implementation of, policies and laws on investment in and operation of transport works in the form of build-operate-transfer (BOT) contracts

RESOLUTION

On tasks and solutions to further improve, and speed up the implementation of, policies and laws on investment in and operation of transport works in the form of build-operate-transfer (BOT) contracts^[1]

THE NATIONAL ASSEMBLY STANDING COMMITTEE

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to Law No. 87/2015/QH13 on Oversight Activities of the National Assembly and People’s Councils;

Pursuant to the National Assembly Standing Committee’s Resolution No. 235/NQ-UBTVQH14 of August 25, 2016, on the 2017 oversight program of the National Assembly Standing Committee, and Resolution No. 321/NQ-UBTVQH14 of December 22, 2016, on the establishment of a team to oversee “the implementation of policies and laws on investment in and operation of transport works in the form of BOT contracts”;

  After considering Report No. 177/BC-DGS of August 11, 2017, of the National Assembly Standing Committee’s oversight team, on the result of oversight of the implementation of policies and laws on investment in and operation of transport works in the form of BOT contracts;

RESOLVES:

Article 1. Assessment of the situation

The National Assembly Standing Committee agrees with the report on the result of oversight of “the implementation of policies and laws on investment in and operation of transport works in the form of BOT contracts”, of the National Assembly Standing Committee’s oversight team. Over the past time, the system of legal documents on investment in the form of BOT contracts has been partially improved. Many key national transport works have been invested and upgraded, importantly contributing to the implementation of the Party’s policies and guidelines on the construction of a synchronous infrastructure system in the country, promoting socio-economic development, and raising the national competitiveness. The implementation of the policy on mobilization of social resources, including the form of BOT contracts, has been proven correct that helps reduce the burden on the state budget.

However, the system of legal documents and the implementation of transport projects in the form of BOT contracts reveal limitations that need to be removed. Specifically as follows:

The promulgation of legal documents is not prompt, full and synchronous; documents of the highest legal effect are merely decrees. Some regulations are unclear, overlapping, and unsuitable to the reality and international practices.

The selection of investment projects and the order of investment priority are unreasonable. Majority of selected projects are road projects to repair and upgrade the only existing routes, failing to ensure road users’ right of choice. The attracted investment capital sources are limited, which are mainly bank loans. In addition, unstable policies obstruct the attraction of foreign investors.

The formulation, appraisal and approval of projects reveal problems and lack transparency, and designing and cost estimation still show shortcomings, thus increasing the cost estimates of works. The form of contractor appointment applies to most projects, but the financial capacity of many investors and contractors is limited, letting violations occur in the implementation, operation and exploitation of works, causing losses and lower investment efficiency. The ground clearance for some projects meets with difficulties and is not synchronized, thus increasing costs and affecting the progress of project implementation. The construction, supervision and quality control of works are not strict enough so the quality of many projects is unsatisfactory. There remain problems in pre-acceptance test and payment. The financial finalization of works is difficult and prolonged and punishments are not strict enough for investors that are late in financial finalization.

Regulations on road toll collection and toll plazas’ locations remain unsuitable and the implementation of these regulations shows limitations, causing public concerns. The publicization and transparency of information about projects are done improperly. The limitations in communication work lead to lack of consensus and different ways of understanding about transport works in the form of BOT contracts.
     Causes of limitations and weaknesses: Management agencies are not experienced enough for fully covering circumstances that arise. The coordination among agencies and units remains ineffective; agencies and units still fail to show their sense of responsibility and even loose their management. The examination and inspection have not been conducted regularly and timely. Sanctions for violations are not strict enough. Many transport projects in the form of BOT contracts are still implemented although the Government and competent agencies have not reviewed, evaluated and amended or proposed amending regulations on investment in this form. The Ministry of Transport is responsible for the inadequacies and violations of the projects the investment in which is decided by itself. The Ministry of Finance is responsible for its promulgation of the circular guiding the toll collection (toll rates, locations of toll plazas and the process of supervision of toll collection) which is proven inappropriate. Local state management agencies are responsible for the limitations and violations of the projects the investment in which is decided by the localities and for the ineffective communication work, leading to the failure to reach consensus among the people for the selection of projects, agreement on locations of toll plazas, assurance of security and order, and delay in ground clearance. Investors are responsible for violations during the implementation of projects.

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