Presenting the Government 's proposal, Minister of Planning and Investment Nguyen Chi Dung clearly stated the revised contents.
Accordingly, the promulgation of the draft law aims to promptly remove urgent difficulties and obstacles in terms of institutions and laws on planning, business investment, investment under the public-private partnership method and bidding activities.
Along with that, simplify administrative procedures, increase decentralization and delegation of power to localities.
With the Law on Planning, one of the amendments is to decentralize the Prime Minister 's authority to organize the appraisal of provincial planning tasks to the Minister of Planning and Investment to simplify the planning procedures.
Regarding the Investment Law, it is proposed to amend to decentralize the Prime Minister's authority to approve investment policies to the provincial People's Committees for a number of projects. The Government also proposes to supplement regulations on special investment procedures to simplify investment procedures, shorten project implementation time to create a favorable and competitive mechanism to attract strategic investors.
Accordingly, special investment procedures apply to a number of projects in the fields of innovation, research and development of semiconductor integrated circuit industry. At the same time, projects on technology design, manufacturing of components, integrated electronic circuits, chips and high-tech fields, high-tech products. These projects are prioritized and encouraged for investment according to the decision of the Prime Minister to be implemented in industrial parks, export processing zones, high-tech zones and economic zones according to the investment registration process at the management board of industrial parks, export processing zones, high-tech zones, economic zones to issue investment registration certificates within 15 days.
In particular, the Government proposes to switch from pre-inspection to post-inspection, reducing related administrative procedures, in which investors do not have to carry out some procedures to obtain licenses, approvals or approvals in 3 areas that require a lot of time to carry out administrative procedures: construction, environmental protection and fire prevention and fighting (it is expected to reduce the time to carry out administrative procedures by up to 260 days).
Regarding the Law on Investment under the Public-Private Partnership (PPP Law), the Government proposed to abolish the limit on the minimum investment capital scale to implement PPP projects; assign ministries, branches and localities to consider and be responsible for deciding to select projects suitable to the needs and implementation conditions of investors.
Continue to apply the BT contract type of payment in cash and payment by land fund in the direction of comprehensively innovating the implementation and payment methods for investors, maximally overcoming the shortcomings and difficulties in implementing this type of contract...
The Government also proposed to apply a flexible mechanism in allocating state capital to participate in the implementation of PPP projects by continuing to regulate the state capital ratio at 50% and assigning the Prime Minister or the Provincial People's Council to decide on a higher state capital ratio but not exceeding 70% of the total investment for the project.
Regarding the Law on Bidding, the Government proposes to allow the approval of contractor selection results before the project is approved, or to sign contracts with contractors before international treaties and foreign loan agreements are signed to help save time and speed up the implementation of projects and bidding packages.
Amending regulations on applying direct procurement to the purchase of drugs for retail sale at drug retail establishments, aiming to remove difficulties in drug retail activities at hospital pharmacies, speed up drug procurement progress, and meet the quality and requirements for medical examination and treatment.
In the submission, the Government proposed to supplement regulations on special investment procedures to simplify investment procedures, shorten project implementation time to create a favorable and competitive mechanism to attract strategic investors.
Examining this content, the Economic Committee proposed that the Government consider limiting the regulation of special investment procedures to only a number of large, specific projects with regional, national, and large socio-economic impacts that need to be implemented immediately so as not to miss investment opportunities.
Chairman of the National Assembly's Economic Committee Vu Hong Thanh stated that the decentralization of authority to grant special investment certificates requires a thorough impact assessment, ensuring that the decentralization meets the capacity, decision-making capacity, organization, and human resources of each management level, ensuring consistency in the legal system.
In addition, it is recommended that the Government continue to update the fields that are subject to special investment procedures to be consistent with the sectors and professions with special investment incentives in the Laws and Law projects that are being completed by the Government to submit to the National Assembly.
Regarding the proposal to supplement regulations on the establishment of the Investment Support Fund in the Investment Law, the Standing Committee of the Economic Committee believes that the financial management mechanisms and operating mechanisms proposed for the Fund are all unique and unprecedented mechanisms, different from current regulations, and need to be carefully analyzed and evaluated, with impact and risk assessment reports before proposing implementation; at the same time, to be consistent with the content of the National Assembly's resolution in Clause 5 of Resolution No. 110/2023/QH15 dated November 29, 2023.
Chairman Vu Hong Thanh proposed to only stipulate in the Law in terms of basic principles in the direction of assigning the Government to establish an Investment Support Fund from additional corporate income tax revenue according to regulations on preventing erosion of the global tax base and other legal sources to stabilize the investment environment, encourage and attract strategic investors, multinational corporations and support domestic enterprises in a number of areas that need investment encouragement.
The Government shall prescribe the operating model, legal status, management and use of state budget capital for the Fund's operations, report to the National Assembly Standing Committee for comments before promulgation, and report to the National Assembly at the nearest session.
Source: https://baotainguyenmoitruong.vn/chinh-phu-de-xuat-thu-tuc-dau-tu-dac-biet-khi-trinh-sua-4-luat-381415.html
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