On the morning of December 8, the National Assembly discussed in the hall the Draft Resolution of the National Assembly on specific mechanisms and policies to implement major projects in the capital.
Narrow the scope to avoid "specific proliferation"
Delegate Ha Sy Dong of Quang Tri delegation assessed that the issuance of the Resolution on piloting a number of specific mechanisms and policies to implement large and important projects in the capital is necessary and timely, creating a strong enough legal framework to implement strategic projects to remove bottlenecks in planning, infrastructure, land and investment capital. However, in order for the Resolution to be truly feasible, synchronous, in accordance with the Constitutional authority and to avoid legal risks - implementation risks, the delegate requested the drafting agency to absorb important recommendations in the Review Report of the Economic and Financial Committee.
Regarding the scope of projects that are subject to special mechanisms, according to Mr. Ha Sy Dong, the Draft is stipulating a very broad range of projects, including public investment projects, PPP projects, projects of strategic investors and urban renovation, beautification and reconstruction projects. A mechanism that is too broad can lead to a situation of "spreading special mechanisms", making it difficult to monitor and allocate resources.
“The review report also clearly stated the requirement to narrow the scope to ensure focus, avoid spreading and be consistent with the pilot principle, and suggested that it only be applied to projects that are truly urgent, have a large spillover impact or are political tasks directed by competent authorities; the list must be public, updated and periodically reported to the National Assembly to ensure transparency, strict control and avoid abuse,” delegate Ha Sy Dong suggested.
Regarding the decentralization of investment policy decisions according to Article 4, the assignment of the City People's Council to decide on investment policies and the assignment of the City People's Committee Chairman to approve investment policies is consistent with the spirit of decentralization and delegation. However, according to the delegate, many contents are expanding compared to the current legal framework, so the basis needs to be clarified. It is recommended to add a special control mechanism for high-risk projects with a scale of over VND 30,000 billion; design a mandatory reporting mechanism before deciding and independent appraisal by the sector management ministry when there are elements of national defense - security, environment or regional impact.
Caution in land acquisition and liability exemption mechanism
Regarding the selection of contractors and investors, Article 5 of the Draft allows for “the selection of contractors and investors in special cases”, even before deciding on the investment policy. According to delegate Ha Sy Dong, such a provision greatly expands authority but also poses risks of loss, negativity and legal liability. The review report also warns of the risk of conflict with the law on bidding.
From there, delegates proposed adding stricter conditions, requiring financial capacity and experience assessment by independent consultants; publicizing all reasons for applying special mechanisms; and regulating the personal responsibility of the head if the appointment causes budget damage. "Special, urgent" cases need to have clear criteria, not open interpretation.
Regarding land acquisition, compensation and resettlement according to Article 7, the regulation of the "double" compensation coefficient is a positive direction to create consensus among the people, but the Verification Report clearly states that the expansion of land acquisition and temporary land allocation needs to be fully assessed for social - budget - legal impacts because it is very sensitive and related to the constitutional rights of land users. Delegates proposed to add the principle that the People's Council must assess the budget, market impacts and implementation capacity before deciding on the compensation coefficient; at the same time, strictly regulate the conditions for temporary land allocation to avoid formal construction.
Regarding the exemption from liability under Article 12, according to delegate Ha Sy Dong, protecting cadres who dare to think and dare to do is very important, but there must be clear boundaries to avoid exploitation. The review report requires regulations in accordance with the spirit of Regulation 178-QD/TW and Resolution 66-NQ/TW. It is recommended to supplement and require the establishment of project risk profiles as a basis for determining that cadres "have complied with the correct procedures"; and have a monitoring mechanism of the People's Council and the Fatherland Front when considering exemption from liability to ensure objectivity and transparency.
“In order for the Resolution to properly serve the pilot purpose and be able to be replicated after 5 years, it is recommended to add a set of criteria to evaluate the results according to the recommendations of the appraisal agency, including: progress, cost, efficiency, compliance with the law, quality of planning, construction, people's satisfaction, environmental impact and security, and at the same time design a strict post-inspection mechanism, periodically report to the National Assembly to ensure that the pilot does not become a mechanism for mass application beyond the scope permitted by the National Assembly,” delegate Ha Sy Dong proposed.
Source: https://daidoanket.vn/kiem-soat-chat-co-che-dac-thu-cho-cac-du-an-lon-cua-thu-do.html
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