VietnameseResolution No. 59/2007/NQ-CP dated November 30, 2009 of the Government on a number of solutions to problems in construction investment activities and reform of some administrative procedures applicable to enterprises
ATTRIBUTE
Resolution No. 59/2007/NQ-CP dated November 30, 2009 of the Government on a number of solutions to problems in construction investment activities and reform of some administrative procedures applicable to enterprises
| Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 59/2007/NQ-CP | Signer: | Nguyen Tan Dung |
| Type: | Resolution | Expiry date: | Updating |
| Issuing date: | 30/11/2007 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Administration , Construction , Investment |
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Effect status: Known
THE GOVERNMENT | SOCIALIST REPUBLICOF VIETNAM Independence - Freedom- Happiness |
No. 59/2007/NQ-CP | Hanoi, November 30th, 2007 |
RESOLUTION
ON A NUMBER OF SOLUTIONS TO PROBLEMS IN CONSTRUCTION INVESTMENT ACTIVITIES AND REFORM OF SOME ADMINISTRATIVE PROCEDURES APPLICABLE TO ENTERPRISES
Over the past time, the Government has concentrated efforts on directing the implementation of measures to tackle existing problems in order to speed up capital construction investment activities. In general, ministries, branches, localities and units have made strenuous efforts in implementing investment and construction plans, creating a positive change in investment and construction activities. However, many difficulties still exist in investment and construction activities; and the disbursement of investment capital, especially for projects and works invested with state budget capital, investment credit capital or government bond capital remains slow.
The above situation has affected the implementation of socio-economic development plans in 2007 and subsequent year.
In addition to the delayed overcoming of weakness in investment and construction management, the above situation is attributed to overlapping and inappropriate provisions in legal documents on investment and construction.
In order to promptly remedy this situation and accelerate the implementation and disbursement of capital for investment projects with a view to fulfilling socio-economic development tasks, the Government resolves:
I. A NUMBER OF SOLUTIONS TO PROBLEMS IN INVESTMENT AND CONSTRUCTION
A. SOLUTIONS RELATED TO LAND AND MINERAL EXPLORATION AND EXPLOITATION:
1. Conditions for land allocation or land lease for investment projects:
a) For investigation, survey and measurement to determine land areas for formulation of investment projects for which a plan on compensation for ground clearance is required:
Presidents of provincial-level People’s Committees shall permit project investors, who have obtained investment undertakings, registered investment or been granted investment certificates, to cone to the project-covered areas to conduct survey and measurement of land areas for formulation of the projects, if their projects are compatible with local socio-economic development plannings, plannings and plans on the use of land in the areas under projects, construction plannings, branch plannings or products plannings.
Presidents of district-and commune-level People’s Committees and inhabitants in areas under projects shall create conditions for investors to conduct survey and measurement in order to determine land areas for formulation of investment projects in accordance with decisions of provincial-level People’s Committee presidents.
b) For the work of compensation for ground clearance:
After investment projects have been accepted and approved in accordance with legal provisions on investment, the district-level compensation, support and resettlement council or the land fund development organization may come to the project-covered areas to carry out jobs related to the elaboration of plans on compensation, support and ground clearance for the projects. These plans shall be adjusted later after the projects’ technical designs have been formulated and serve as a basis for provincial-level People’s Committees to issue decisions on land recovery. The Ministry of Natural Resources and Environment shall guide the order of and procedures for the elaboration of plans on compensation, support and resettlement for projects in accordance with this Resolution.
Project owners may be advanced an amount of capital to cover expenses for compensation and ground clearance at the proposal of the district-level compensation, support and resettlement council or the land fund development organization. The Ministry of Finance shall guide the order of and procedures for advance payment to project investors for compensation and ground clearance work, as well as the levels of advance.
2. Grant of permits for mineral exploration and exploitation activities:
a) In order to simplify administrative procedures, to assign the Ministry of Natural Resources and Environment to assume the prime responsibility for, and coordinate with concerned ministries and branches in, providing guidance on the integration of contents of the mineral survey permit into the mineral exploration permit and contents of the mineral processing permit into the mineral exploitation permit or investment certificate to be granted to enterprises.
b) To assign provincial/municipal People’s Committees to assume the prime responsibility for, and coordinate with concerned ministries and branches in, zoning off and approving areas where mineral activities are prohibited or suspended, serving as a basis for the grant of permits to organizations and individuals wishing to conduct mineral activities.
B. SOLUTIONS RELATED TO INVESTMENT PROCEDURES AND MANAGEMENT OF INVESTMENT PROJECTS ON THE CONSTRUCTION OF WORKS:
1. Elaboration of environmental impact assessment reports:
In the first quarter of 2008, the Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Construction and concerned agencies in, reviewing the list of projects for which environmental impact assessment reports must be elaborated and, at the same time, renovating procedures for elaborating these reports and their contents in order to create favorable conditions for investors, especially for projects on dwelling houses and urban centers.
2. Procedures for approval of fire prevention and fighting plans:
The Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of Construction and concerned ministries and branches in reviewing regulations on procedures for evaluation and approval of fire prevention and fighting plans. The evaluation and approval of these plans must ensure requirements on fire prevention and fighting while simplifying procedures through the publicization of fire prevention and fighting regulations and application of post-inspection measures, except for particular works with strict requirements on fire prevention and fighting, avoiding obstruction to the execution of projects.
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