Clarifying concepts to avoid legal risks
Commenting on legislative techniques, National Assembly Deputy Tran Thi Kim Nhung ( Quang Ninh Delegation) suggested that the drafting agency should clearly explain the meaning of the phrase "important and urgent power projects and works" used throughout the draft.
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According to the delegate, if the criteria for "urgent" are not clearly defined in Article 3, the practical application process will encounter many difficulties. The inspection and auditing agencies will later base on the wording to determine responsibilities. If the regulations are not strict, it will create pressure and risks for the implementers.
At the same time, delegates also noted the lack of connection between the project list in this Resolution and the list of projects approved by the Prime Minister in the Sectoral Plans. This lack of succession may lead to a situation where projects have to wait for the re-approval procedure of the list before the mechanism can be applied.
Agreeing with the above viewpoint, National Assembly Delegate Nguyen Thi Thu Ha (Quang Ninh) pointed out the overlap between the concept of "important, urgent" project (in the draft) and "important, priority investment" project (already in the National Energy Master Plan - Plan 893).
Proposal to amend 4 Articles to synchronize with Planning 893
According to delegate Nguyen Thi Thu Ha, the 893 Plan has already announced Appendix IA and IB on the list of priority projects. However, the current draft Resolution has not clearly defined the application for these projects, putting key projects in the coal and oil and gas industry at risk of not enjoying special mechanisms.
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To overcome this shortcoming, National Assembly Deputy Nguyen Thi Thu Ha proposed adding the phrase: "and/or List of important projects, priority investment in the energy sector in the National Sector Plans" to Articles 3, 17, 18 and 24 of the draft.
Specifically, Article 3 and Article 24 add provisions to confirm that projects in the priority list of the National Sector Planning are naturally within the scope of the Resolution. Article 17 allows these projects to not have to carry out investment policy approval procedures and to apply special mechanisms until the end of 2030.
Delegate Nguyen Thi Thu Ha emphasized that this integration will create a complete legal corridor, helping coal and oil and gas projects to be implemented immediately without waiting for additional instructions, contributing to ensuring energy security in accordance with the spirit of Resolution 70 of the Politburo .
Source: https://daibieunhandan.vn/du-thao-nghi-quyet-cua-quoc-hoi-ve-co-che-chinh-sach-phat-trien-nang-luong-quoc-gia-giai-doan-nam-2026-2030-de-xuat-tich-hop-danh-muc-quy-hoach-de-thong-qua-la-thuc-hien-duoc-ngay-10398280.html






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