The National Assembly discussed in the hall 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 method and the Law on Bidding.

(MPI) - Continuing the program of the 8th Session of the 15th National Assembly, on the afternoon of November 6, 2024, the National Assembly discussed in the hall 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. According to the program, Minister of Planning and Investment Nguyen Chi Dung will explain and clarify a number of issues raised by National Assembly deputies.

The National Assembly discussed in the hall 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. Photo: quochoi.vn

According to the Government 's Proposal presented by Minister Nguyen Chi Dung to the National Assembly on October 30, 2024, the drafting of the 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 aims to promptly remove urgent difficulties and obstacles in institutions, simplify administrative procedures and promote decentralization and delegation of powers in the fields of planning, business investment, investment under the public-private partnership model and bidding.

The viewpoint of law-making is to focus on amending contradictory regulations, causing difficulties, and requiring urgent amendments to facilitate investment, production, and business activities. The amended regulations must clearly define the amended content and assess specific impacts; ensure independence, stability, and inherit the content when amending and supplementing comprehensive laws. Ensure the consistency and uniformity of the legal system, in accordance with Vietnam's international treaties and commitments.

According to the report of the Ministry of Planning and Investment sent to the National Assembly deputies explaining the Law on amending laws, the Ministry has reviewed and omitted a number of contents related to amending the Law on Planning and the Law on Investment under the public-private partnership method to ensure that the amended and supplemented contents must be really necessary issues that can be implemented immediately to resolve difficulties and obstacles, improve the investment and business environment, promote the socio-economic development of the country; issues with many different opinions will continue to be studied...

The Ministry has also reviewed, provided additional explanations and clarified the policy contents in the draft Law, including the contents related to the use of state budget capital to ensure feasibility, suitability with reality, and avoid loss and waste of state assets; reviewed the contents related to other laws, including laws being amended or to be submitted to the National Assembly for amendment at the 8th session, regulations on the application of the Law, implementation provisions, etc. to ensure consistency and uniformity of the legal system, and avoid contradictions and overlaps.

In particular, regarding the Law on Planning, this Law amends a number of contents such as clearly regulating the relationship between technical and specialized planning and planning in the national planning system to resolve problems regarding the basis for planning when the higher-level planning has not been approved.

Allow the use of public investment capital, regular expenditure sources and other legal capital sources for planning activities to create a flexible mechanism when using the state budget, in accordance with the nature of each type of planning. Simplify the planning process, determine the responsibility for participation and coordination of relevant agencies in the process of planning and appraisal, and decentralize the Prime Minister's authority to organize the appraisal of the provincial planning task to the Ministry of Planning and Investment to simplify the planning process and procedures, and avoid duplication in planning activities.

Regarding amendments to the Investment Law, this Law amends a number of contents of the Investment Law on the decentralization of the Prime Minister's authority to approve investment policies to provincial-level People's Committees for investment projects on construction and business of infrastructure of industrial parks and export processing zones; investment projects on construction of new ports and port areas with an investment capital scale of less than VND 2,300 billion in special seaports and investment projects regardless of scale within the protection scope of Zone I and Zone II of relics recognized by competent authorities as national relics or special national relics, except for investment projects within the protection zone I of special national relics on the World Heritage List to create initiative for localities.

Regulate the assessment of the conformity of investment projects with urban and rural planning in the direction of assessing the conformity of projects with zoning plans; in case the project is proposed in an area where zoning plans are not required to be established or are being developed or the zoning plans must be adjusted and have not been approved by competent authorities, the conformity of the investment project with the general plan shall be assessed.

Regulations on the establishment of an Investment Support Fund from additional corporate income tax revenue according to regulations against global tax base erosion and other legitimate sources to attract strategic investors, multinational corporations and support businesses in a number of investment incentive industries and professions.

Regulations on termination of projects that are behind schedule, projects that have not been implemented for many years, causing waste of land to free up resources for socio-economic development. Supplementing regulations on special investment procedures in the direction of shifting from pre-inspection to post-inspection to simplify investment procedures, shorten project implementation time to create favorable and competitive mechanisms to attract strategic investors.

Regarding the amendment of the Law on Investment under the public-private partnership method, amending a number of contents on the fields and forms of investment contracts under the PPP method; Continuing to apply the BT contract type with payment in cash and payment by land fund in the direction of comprehensively innovating the implementation and payment methods for investors, maximally overcoming the shortcomings in the implementation of this type of contract; Adding the BT contract type that does not require payment to apply to infrastructure works and public service provision that investors propose to invest in construction and transfer to the State without requiring payment for construction investment costs.

Apply a flexible mechanism in allocating state capital to participate in PPP project implementation by continuing to regulate the state capital ratio at 50% and assigning the Prime Minister or the Provincial People's Council to decide on a higher state capital ratio but not exceeding 70% of the total investment for the project.

Clarifying the order and procedures for using public investment capital to pay investors in case of early contract termination; supplementing payment capital sources to share risks with PPP project enterprises and determining the order of priority when using these capital sources, including: general reserve for medium-term public investment plans; increasing revenue, saving state budget expenditure for development investment expenditure...

This Law on Bidding amends and supplements provisions to help save time and speed up the implementation of projects and bidding packages; amends and supplements a number of other provisions to remove obstacles, increase competitiveness in bidding, and ensure the rights of subjects during the bidding process; adds bidding packages that apply the form of contractor selection in special cases; amends regulations on applying direct procurement to the purchase of drugs for retail sale at drug retail establishments; amends regulations on designated bidding and the basis for making contractor plans./.

Tung Linh

Ministry of Planning and Investment

Source: https://www.mpi.gov.vn/portal/Pages/2024-11-6/Quoc-hoi-thao-luan-o-hoi-truong-ve-du-an-Luat-sua-j6cnff.aspx