On the morning of November 11, continuing the program of the 10th Session, under the direction of Vice Chairman of the National Assembly Nguyen Khac Dinh, the National Assembly worked in the Hall, listening to the presentation of the Submission and Report on the examination of the draft Law on Investment (amended).
Enterprises are registered for investment under special investment procedures (green channel)
Presenting the draft Investment Law (amended), Minister of Finance Nguyen Van Thang stated that the draft Law narrows and clarifies the scope of projects that must undergo policy approval.
Accordingly, only investment policies are approved for infrastructure development investment projects in a number of important and sensitive areas such as seaports, airports, telecommunications, publishing, press, etc.; projects proposing to use land and sea areas; projects that have a major impact on the environment, potentially have a serious impact on the environment, or are implemented in areas that affect national defense and security, etc.
At the same time, the draft Law stipulates that the procedure for approving investment policies shall not be carried out in the following cases: a) Investment projects with requests from the State to allocate land, lease land, or permit the change of land use purpose of households and individuals that are not required to have written approval from the Provincial People's Committee according to the provisions of the law on land; b) Investment projects to build technical infrastructure for industrial clusters; c) Investment projects to exploit minerals (excluding offshore mineral exploitation investment projects); d) Investment projects to build houses (for sale, lease, lease-purchase), urban areas regardless of land use scale or population scale in cases of auctioning land use rights or bidding to select investors.
To continue promoting decentralization and delegation of authority to approve investment policies, the Minister said that Article 26 of the draft Law only stipulates the authority to approve investment policies of the Prime Minister and the Chairman of the Provincial People's Committee and decentralizes all projects under the authority of the National Assembly to the Prime Minister to speed up the implementation of procedures, in which, for important projects, there should be special mechanisms and policies different from the provisions of laws, ordinances, and resolutions of the National Assembly, the National Assembly Standing Committee, and the Government approves investment policies after receiving the consent of the National Assembly Standing Committee.
In addition, the draft Law amends and supplements regulations on the authority to approve investment policies of the Chairman of the Provincial People's Committee instead of the Provincial People's Committee.
Amending and supplementing Article 36a of the 2020 Investment Law in Article 29 of the draft Law allows investment projects in industrial parks, export processing zones, high-tech parks, concentrated digital technology parks, free trade zones, international financial centers and functional areas in economic zones to choose to register for investment according to special investment procedures (green channel) in Article 28 of the draft Law, except for a number of projects with major impacts on socio-economic development, security and defense, such as airport and seaport projects... in economic zones, free trade zones, international financial centers and investment projects under the Prime Minister's authority to approve investment policies.
Carefully argued the basis for removing the entire authority of the National Assembly in approving investment policies
Presenting the Report on the review of the Law project, Chairman of the Economic and Financial Committee Phan Van Mai stated that the Committee agreed with Submission No. 1028/TTr-CP on the necessity, viewpoints, and objectives of amending and supplementing the Investment Law according to the shortened procedures. The dossier of the Law project meets the provisions of the Law on Promulgation of Legal Documents.
It is recommended to continue reviewing and ensuring full institutionalization of the Party's policies and guidelines on innovation in thinking in law-making, private economic development, breakthroughs in science and technology development, international integration, foreign investment cooperation; ensuring national defense and security, social security; reducing and simplifying procedures in investment and business, creating favorable conditions for people and businesses. Ensuring policy consistency and unity with draft laws and submitting them to the National Assembly at the 10th Session.
To continue perfecting the regulations on investment policy approval (Clause 1, Article 3; Articles 25 - 29), the Economic and Financial Committee recommends continuing to research and thoroughly argue the basis and rationale for removing the entire authority of the National Assembly in approving investment policies; reviewing and perfecting on the basis of ensuring the principles of decentralization and delegation of power.
Regarding the provisions in Clause 21, Article 25 of the draft Law on investment projects requiring special mechanisms and policies that have not been stipulated in the law, the National Assembly Standing Committee has concluded that it is necessary to ensure implementation in accordance with the authority prescribed in the Law on Organization of the National Assembly, the Law on Organization of the Government, the Law on Organization of Local Government and the provisions of the Law on Promulgation of Legal Documents. Accordingly, in cases where special mechanisms and policies are different from the law or have not been stipulated in the law issued by the National Assembly, the authority to consider and decide belongs to the National Assembly and must be stipulated in the document issued by the National Assembly (law, resolution of the National Assembly).
There are opinions suggesting a review, at point h, clause 8, Article 10 of the Law on Government Organization, there are regulations on this content for important national projects; for other investment projects (other than important national projects), it is recommended to clarify the criteria and report to the competent authority to request a mechanism for implementation. There are opinions suggesting to study and refer to the regulations on selecting investors in special cases in the Law on Bidding, regulations on special public investment projects in the Law on Public Investment.
Regarding business investment sectors and professions, the Economic and Financial Committee proposes to continue to study, review, streamline, and reduce conditional business investment sectors and professions, substantially reduce business investment conditions, and only retain the truly necessary conditions for constitutional reasons of ensuring national defense, security, order, ethics, and public health; to comply with the requirements in Articles 7 and 8 of the Investment Law. There is a clear distinction between the practice conditions of individuals and the business investment conditions of business investment entities when investing and doing business in the form of an organization or business legal entity; to continue to carefully review and research regulations in the direction of not abolishing conditional business investment sectors and professions, to change management methods, to eliminate "pre-inspection" administrative procedures, and to switch to management according to the "post-inspection" principle.
Source: https://daibieunhandan.vn/cat-giam-thuc-chat-dieu-kien-dau-tu-kinh-doanh-10395169.html
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