The National Assembly agreed to restart the BT project exchanging land for infrastructure.
Báo Thanh niên•29/11/2024
On the afternoon of November 29, the National Assembly voted to pass the draft law amending and supplementing a number of articles of the Law on Planning, the Law on Investment, the Law on Investment under the public-private partnership model and the Law on Bidding.
The Law takes effect from January 15, 2025, except for the implementation of BT projects paid by land funds and BT contracts paid by the state budget, which take effect from July 1, 2025.
Mr. Vu Hong Thanh, Chairman of the National Assembly Economic Committee
PHOTO: GIA HAN
In the report on acceptance and explanation, Mr. Vu Hong Thanh, Chairman of the National Assembly Economic Committee, said that with the Investment Law being revised in the direction of simplifying detailed contents on documents and procedures, only retaining necessary principles and specific contents. In particular, amending and supplementing a number of articles of the PPP Law, the Government has restarted projects under the BT contract mechanism. The National Assembly Standing Committee believes that currently, BT contracts have been piloted with different regulations on fields, project scale and payment methods, but have not been fully and thoroughly summarized and evaluated. Therefore, there is not enough basis to legalize the regulations on mechanisms, order and procedures of BT contracts in the draft law. To create a legal basis for implementing the BT contract mechanism, and to absorb the opinions of National Assembly deputies, the draft law only stipulates basic principles on payment mechanisms for investors for 3 forms. Specifically, BT investors are paid by land fund, paid by state budget and do not require payment. At the same time, supplement the regulation assigning the Government to specify the BT contract mechanism in detail for the above payment forms. In addition, continue to stipulate the authority of the Prime Minister in establishing an inter-sectoral appraisal council; stipulate that the State Audit conducts an audit of compensation costs and allows the parties to agree and hire an independent auditor to audit these costs. Allow the competent authority to decide on the investment policy to decide on the maximum state capital ratio of 70% for eligible projects. The Law also supplements the regulation allowing independent projects or PPP component projects to separate compensation costs, resettlement support using public investment capital, applying a maximum state capital ratio of 70% of the total investment if meeting the conditions on location or technology transfer...
Increase the bidding limit from 100 to 300 million
In particular, the revised law increases the limit on designated bidding from 100 million to 300 million VND for bidding packages under the procurement budget that do not form a project. At the same time, there is no distinction between the limit on designated bidding between bidding packages using regular expenditure funds and public investment funds.
National Assembly delegates press the button to pass the law
PHOTO: GIA HAN
The law also adds the case of designated bidding for archaeological excavation packages, restoration of national relics, special national relics and world cultural heritage. The law also amends the regulations to ensure competition between participating contractors and consulting contractors in the same bidding package for bidding packages belonging to state economic groups, parent companies and subsidiaries. Previously, in the discussion hall on draft 1 of the law amending 4 laws related to investment, many delegates proposed to increase the bidding limit for regular expenditure packages to the same level as public investment.
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