On the morning of November 11th, acting on behalf of the Prime Minister, Minister of Finance Nguyen Van Thang presented the draft amendments to the Investment Law.
The draft law includes many provisions to handle cases of project delays and delays in progress (often referred to as stalled projects), and to address the issue of waste.
Regarding the suspension and termination of investment projects, the drafting agency proposes amending and supplementing Article 47 of the 2020 Investment Law.
The drafting agency also added regulations on suspending the operation of investment projects in cases where the investor fails to comply with the approved investment policy and investment registration certificate, and there is a written notice from the investment registration authority regarding the failure to comply with the approved investment policy and investment registration certificate…
Minister of Finance Nguyen Van Thang presents the proposal (Photo: Hong Phong).
The drafting agency also amended and supplemented Article 48 of the 2020 Investment Law to include provisions on terminating the operation of an investment project in cases where the economic organization has been dissolved but has not ceased operations, or has not transferred ownership or other rights in accordance with the law regarding the investment project.
According to the drafting agency, issues related to the procedures for terminating investment projects that are facing difficulties and obstacles will continue to be studied, amended, and perfected in the draft decree guiding the law.
According to the drafting agency, the amendments and additions to this regulation aim to ensure a legal basis for suspending or terminating investment projects, preventing situations where projects are delayed for too long without the State agency being able to terminate them.
The drafting agency also proposed amending and supplementing several articles of the Railway Law No. 95/2025/QH15 to the effect that for national and local railway lines, investors may extend the project's operating period in accordance with the law on investment.
Furthermore, if the investor does not propose an extension of the project's operating period, and the investor transfers all assets generated from the project to the State after the project's operating period expires, the State will compensate the investor in accordance with the law.
Chairman of the National Assembly 's Economic and Financial Committee Phan Van Mai (Photo: Hong Phong).
Reviewing this matter, Phan Van Mai, Chairman of the National Assembly's Economic and Financial Committee, stated that according to the current Investment Law and the draft amended Investment Law, the term for "investment projects with large capital but slow capital recovery" is 70 years.
However, the review agency argued that, given the unique nature of railway projects, many require longer investment periods to recoup capital, and private investment also raises the issue of economic efficiency for the investor.
Mr. Mai stated that there were suggestions to further research alternative methods of handling cases other than transferring the project with compensation in which the investor is allowed an extension but does not propose one, ensuring a balance of interests between the State, the people, and the investor.
In addition, there are suggestions to study the application of this measure to certain specific projects when authorized by competent authorities, and not to all projects.
Regarding this matter, the reviewing agency noted that the draft Law on Civil Aviation of Vietnam (replacing the previous one) also proposes amendments to Point c, Clause 3, Article 24 of the Railway Law, but the proposals differ in content across the two draft laws. The reviewing agency requested the Government to report on and unify the proposed content.
Source: https://dantri.com.vn/kinh-doanh/du-an-treo-qua-lau-se-bi-cham-dut-ngung-hoat-dong-20251111093840827.htm
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