The Bac Ninh - Pha Lai Expressway Construction Project, from Ring Road 4 of the Capital Region to National Highway 18, with a total investment of about 3,600 billion VND, is being proposed by the People's Committee of Bac Ninh province to be invested with local budget capital.
The Bac Ninh - Pha Lai Expressway Construction Project, from Ring Road 4 of the Capital Region to National Highway 18, with a total investment of about 3,600 billion VND, is being proposed by the People's Committee of Bac Ninh province to be invested with local budget capital.
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| The People's Committee of Bac Ninh province proposed that the Prime Minister allow the province to invest in the construction of the Bac Ninh - Pha Lai expressway, the section from Ring Road 4 of the Capital Region to National Highway 18 from the local budget or other legal capital sources. |
Waiting for 1/1/2025
There have been important instructions regarding the assignment of the Bac Ninh Provincial People's Committee to invest in the Bac Ninh - Pha Lai Expressway, from the Capital Region's Ring Road 4 to National Highway 18 using local funds. Although the capital scale is only about 3,600 billion VND, if successfully implemented, this project will provide important suggestions for localities wishing to invest in road infrastructure projects currently managed by the Central Government using local budget funds.
It is known that by December 14, the Ministry of Planning and Investment and the Ministry of Finance sent their opinions to the Ministry of Transport - the unit assigned by Deputy Prime Minister Tran Hong Ha to preside over the review of the proposal of the People's Committee of Bac Ninh province on investing in the Bac Ninh - Pha Lai expressway, from Ring Road 4 of the Capital region to National Highway 18.
In Official Dispatch No. 11219/BKHĐT-PTHTĐT, the Ministry of Planning and Investment stated that, based on current regulations on road traffic, construction, public investment, and state budget, the Bac Ninh - Pha Lai expressway, from Ring Road 4 of the Capital Region to National Highway 18, is under the management authority of the Ministry of Transport, with the task of spending the central budget allocated through the Ministry of Transport; at the same time, the Ministry of Transport is the competent authority to decide on investment and allocate capital for the project.
For the above reasons, the Ministry of Planning and Investment believes that the proposal of the People's Committee of Bac Ninh province to use the local budget to invest in the Bac Ninh - Pha Lai expressway, from Ring Road 4 of the Capital Region to National Highway 18, is not in accordance with current legal regulations.
In addition, this project is not included in the List of national highway and expressway projects under local management issued with Resolution No. 106/2023/QH15 of the National Assembly on piloting a number of specific policies on investment in road works.
In Document No. 3122/TB-TTKQH dated November 21, 2024 of the Secretary General of the National Assembly, the Standing Committee of the National Assembly concluded on the Resolution on piloting a number of specific policies on investment in road works and a number of related issues. Accordingly, the proposed pilot projects will only be submitted to the National Assembly for consideration and decision once and will not be added to the list of pilot projects after the National Assembly votes to pass this resolution.
“Therefore, the Ministry of Transport's proposal to apply the mechanism and policy decided by the National Assembly to the proposal of the People's Committee of Bac Ninh province to assign this locality as the governing body and use the local budget to invest in the project is not sufficient and not consistent with the conclusion of the National Assembly Standing Committee,” said the leader of the Ministry of Planning and Investment.
Regarding the proposal to assign the People's Committee of Bac Ninh province to prepare a pre-feasibility study report for the project, the Ministry of Planning and Investment reaffirmed that this expressway is under the management authority of the Ministry of Transport, and the expenditure task of the central budget is allocated through the Ministry of Transport.
According to the provisions of Clause 4, Article 8 and Clause 4, Article 28 of the 2024 Road Law (effective from January 1, 2025), expressways can be managed and invested by localities when decentralized or approved by the Prime Minister for management. Therefore, the Ministry of Transport's proposal to assign the People's Committee of Bac Ninh province to prepare a Pre-Feasibility Study Report at this time is not legally rigorous.
The Ministry of Planning and Investment proposes that after the 2024 Road Law takes effect, the Ministry of Transport will review and assess the investment necessity of the Project, the ability to balance local resources, and propose an investment plan to submit to the Prime Minister for consideration and decision in accordance with current legal regulations.
Sharing the above viewpoint, the Ministry of Finance said that January 1, 2025 is the effective date of the Road Law No. 35/2024/QH15, Law No. 56/2024/QH15 amending and supplementing a number of articles of the State Budget Law and Public Investment Law No. 58/2024/QH15.
Clause 2, Article 4, Law No. 56/2024/QH15 on amending and supplementing Clause 9, Article 9, Law on State Budget allows the use of development investment capital of local budgets for investment projects in the construction of infrastructure works in the area under the expenditure tasks of the direct superior budget; supporting other localities to invest in the construction of key projects and works, regional linkages, national linkages, international linkages, having spillover effects, creating momentum for socio-economic development and other important tasks must be ensured within the ability to balance the budget at one level and not affect the implementation of tasks under the responsibility of the budget at one level.
“The Ministry of Transport is requested to coordinate with the People's Committee of Bac Ninh province to unify the principles of applying the three laws that will take effect from January 1, 2025 mentioned above to the Bac Ninh - Pha Lai Expressway Construction Project, from Ring Road 4 of the Capital Region to National Highway 18 to submit to competent authorities for consideration and decision,” the representative of the Ministry of Finance recommended.
"Closing the circuit" of the CT.09 highway
Previously, in Document No. 310/UBND-XDCB dated September 17, 2024, the People's Committee of Bac Ninh province proposed to the Prime Minister to allow the province to invest in the construction of the Bac Ninh - Pha Lai expressway, the section from Ring Road 4 of the Capital region to National Highway 18 from the local budget or other legal capital sources.
Mr. Vuong Quoc Tuan, Chairman of the People's Committee of Bac Ninh province, said that according to Clause 4, Article 8 and Clause 4, Article 28 of the 2024 Road Law, national highways and expressways can be invested by localities when decentralized or approved by the Prime Minister for management.
The Bac Ninh - Pha Lai Expressway Construction Project, from Ring Road 4 to National Highway 18, has a starting point - Km0+00 (intersection with Ring Road 4); an end point - Km10+300 (intersection with National Highway 18); a length of about 10.3 km. The People's Committee of Bac Ninh province proposed to invest in the completed section with urban expressway standards, a roadbed width of 100 m, parallel roads on both sides, and to immediately carry out site clearance work according to the scale of the completed stage, investing in 2 parallel roads on both sides with a roadbed width of 12 m on each side. The implementation cost is about 3,600 billion from the Bac Ninh provincial budget and other legal sources. 
It is known that in Official Dispatch No. 12415/BGTVT-KHDT dated November 15, 2024, consulting with ministries and branches, the Ministry of Transport said that the People's Committee of Bac Ninh province plans to use the local budget to invest in the project, so it is necessary to apply the mechanism and policies decided by the National Assembly.
According to Clause 5, Article 7 of the Law on Public Investment, the Bac Ninh - Pha Lai Expressway Construction Project, the section from Ring Road 4 of the Capital Region to National Highway 18, has the criteria for a national important project. In this case, to promptly implement the project investment, according to Clause 1, Article 19 of the Law on Public Investment, the Prime Minister may assign the agency in charge of investment preparation to prepare the project's Pre-Feasibility Study Report. After the Road Law takes effect and in case the investment source is determined to be the local budget, the People's Committee of Bac Ninh province will be assigned as the competent agency to implement the investment of the route.
For the above reasons, the Ministry of Transport proposes to assign the People's Committee of Bac Ninh province to prepare a pre-feasibility study report for the project (to carry out the task of investment preparation) similar to a number of expressways that the Prime Minister has assigned localities to carry out investment preparation work. The People's Committee of Bac Ninh province will be responsible for reviewing and perfecting the capacity of the agencies and organizations assigned to carry out the project investment preparation work to ensure that they meet the requirements prescribed by the law on construction and related laws.
“After determining the capital source for project implementation, the People's Committee of Bac Ninh province is requested to report to the Prime Minister for assignment of management and investment in the route. The Ministry of Transport will closely coordinate with the People's Committee of Bac Ninh province in the process of investment preparation and implementation of the project,” stated Document No. 12415/BGTVT-KHDT signed by Mr. Le Anh Tuan, Deputy Minister of Transport.
It is known that according to the Road Network Planning for the period 2021 - 2030, with a vision to 2050, the Noi Bai - Bac Ninh - Ha Long expressway (CT.09) is 146 km long, with a scale of 4 lanes, of which the Bac Ninh - Pha Lai section in Bac Ninh province is about 21 km long, with investment progress before 2030.
Previously, the Prime Minister allowed the Bac Ninh - Pha Lai Expressway Construction Project to be studied for investment under the PPP method, BT contract form and assigned the People's Committee of Bac Ninh province as the competent authority to organize implementation. However, the Project was not allowed to continue studying for investment because the Law on Investment under the PPP method (effective from January 1, 2021) does not allow projects to be implemented under the BT contract form.
Currently, the Bac Ninh - Pha Lai expressway, the section from Ring Road 4 (Hanoi) to Hanoi - Bac Giang expressway, about 9.7 km long, is being invested in the Ring Road 4 Construction Investment Project, expected to be completed in 2026; the remaining section from Ring Road 4 to National Highway 18, about 10.3 km long, has not been studied for investment.
The People's Committee of Bac Ninh province believes that the Bac Ninh - Pha Lai expressway plays an important role, connecting Ring Road 4 (Hanoi) with the northeastern provinces of Hanoi, connecting the Red River Delta region.
“Therefore, the investment in the Bac Ninh - Pha Lai Expressway Construction Project, from the Capital Region Ring Road 4 to National Highway 18, will contribute to closing the entire CT.09 Expressway and opening up new development space, meeting transportation needs, contributing to the socio-economic development of the locality,” the Chairman of the Bac Ninh Provincial People's Committee assessed.
Source: https://baodautu.vn/lam-ro-phuong-an-dau-tu-cao-toc-bac-ninh---pha-lai-d232704.html
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