Resolution No. 52/2017/QH14 dated November 22, 2017 of the National Assembly on the policy on investment in the project on construction of a number of sections of the eastern North-South Expressway during 2017-2020

RESOLUTION
On the policy on investment in the project on construction of a number of sections of the eastern North-South Expressway during 2017-2020 ^[1]

THE NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to Law No. 49/2014/QH13 on Public Investment;

Pursuant to the National Assembly’s Resolution No. 26/2016/QH14 of November 10, 2016, on the 2016-2020 medium-term public investment plan;

Considering the Government’s Proposal No. 487/TTr-CP of October 21, 2017; the National Assembly’s Economic Committee’s Appraisal Report No. 746/BC-UBKT14 of November 1, 2017; the Government’s Report No. 542/BC-CP of November 17, 2017; the National Assembly Standing Committee’s Report No. 225/BC-UBTVQH14 of November 21, 2017; relevant documents and National Assembly deputies’ opinions;

RESOLVES:

Article 1

To decide on the policy on investment in the project on construction of a number of sections of the eastern North-South Expressway during 2017-2020 (below referred to as the project). The project construction sites include expressway sections stretching from Cao Bo (Nam Dinh province) to Bai Vot (Ha Tinh province), from Cam Lo (Quang Tri province) to La Son (Thua Thien - Hue province), from Nha Trang city (Khanh Hoa province) to Dau Giay (Dong Nai province), and My Thuan 2 bridge (Tien Giang and Vinh Long provinces).

Article 2

1. Scope, scale, plan and form of investment

During the 2017-2020 period, investment is expected to be made in the construction of 654 kilometers divided into dependently operated component projects, with the form and scale of investment in each component project detailed in the enclosed Appendix (not translated). The order, procedures and competence for appraising and deciding on investment must be based on the scale of each component project in accordance with the law on public investment.

2. Technologies

The project shall apply advanced and modern technologies, ensuring safety, uniformity, quality and efficiency. To encourage investors to apply high technologies in organizing the construction and accelerating the project implementation progress.

3. Land use demand and ground clearance plans

The project’s preliminary land use demand is 3,736 hectares, of which paddy land is 1,037 hectares. To clear grounds for all component projects for six-lane roads, particularly four-lane road from Cam Lo to La Son, as approved.

4. Total investment capital and capital sources

The project’s preliminary total investment capital is VND 118,716 billion (one hundred and eighteen thousand and seven hundred and sixteen billion Vietnam dong), including VND 55 trillion (fifty five trillion Vietnam dong) invested by the State for implementing the project under the 2016-2020 medium-term investment plan on allocation of the state budget for important national projects under the National Assembly’s Resolution No. 26/2016/QH14 and VND 63,716 billion (sixty three thousand seven hundred and sixteen billion Vietnam dong) of mobilized from sources outside the state budget.

In case a planning adjustment leads to a change in the scale of ground clearance prescribed in Clause 3 of this Article, the Government shall report to the National Assembly Standing Committee for decision the scale of ground clearance and use of capital reform sources allocated for important national projects.

5. Implementation progress

Investment preparation and project implementation begin in 2017 and will be basically completed by 2021.

Article 3

To assign the Government to organize the performance of the following tasks:

1. To implement the project in accordance with law, ensuring publicity, transparency and efficiency and preventing corruption, waste and negative practices in the project implementation and management; to ensure equal competition among economic sectors; for component investment projects in the form of Build-Operate-Transfer (BOT) contract, to remedy the limitations and inadequacies stated in the National Assembly Standing Committee’s Report No. 197/BC-UBTVQH14 of October 23, 2017.

2. To establish mechanisms for mobilizing resources to invest in the project. To promulgate criteria and principles for reasonable allocation of the state capital to be invested in the project implementation and mechanisms for closely supervising and managing and effectively using investment capital. For component projects wholly funded by public investment capital, to study and apply rational service price-collecting plans to recover the state investment capital; component public investment projects in the form of public-private partnership shall be managed and operated in accordance with the law on management and use of public assets.
3. Road use service prices of the project shall be determined on the principle of determining the floor price and the price for each period to lay the foundation for bidding for investor selection in accordance with the bidding law, which must meet the payment capacity of the people and cover production and business expenses, ensure investors’ profits and the State’s interests. To ensure correct and sufficient calculation and publicity and transparency of price constituents.

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