Amend the Law on Public Investment, promote decentralization and delegation of power.

According to Minister of Planning and Investment Nguyen Chi Dung, we need to change our mindset in lawmaking, shifting from pre-approval to post-approval methods and promoting decentralization and delegation of power.

On November 6th, continuing the program of the 8th Session, the National Assembly held a plenary discussion on the Draft Law on Public Investment (amended).

Simplify administrative procedures, reduce bureaucratic hurdles, and lessen the power dynamics between individuals.

In his remarks clarifying some issues raised by National Assembly deputies, Minister of Planning and Investment Nguyen Chi Dung thanked the National Assembly deputies for their opinions expressed in the committees as well as in the plenary session. He noted that their opinions were insightful, responsible, heartfelt, and very practical; and were also very accurate and relevant to the current problems.

Minister of Planning and Investment Nguyen Chi Dung delivered a speech clarifying some issues raised by National Assembly deputies. Photo: Quochoi.vn

“First and foremost, we need to change our mindset regarding lawmaking. Previously, we focused solely on management; now, we must both manage and create opportunities for development. This is a significant shift in thinking. Legal regulations must create new impetus and space, remove bottlenecks, and unleash resources for national development,” emphasized Minister of Planning and Investment Nguyen Chi Dung.

Furthermore, according to Minister of Planning and Investment Nguyen Chi Dung, it is necessary to shift from pre-approval to post-approval methods and promote decentralization and delegation of authority.

According to the Minister of Planning and Investment, the Central Committee, the National Assembly, and the Government should focus on maintaining a controlling, constructive, and perfecting role in institutions and the investment environment, simplifying administrative procedures, reducing favoritism and bureaucratic maneuvering, and minimizing shirking and avoidance of responsibility.

Regarding the scope of the amendments to the Law, the Minister of Planning and Investment stated that the content of this amendment addresses core issues and practical obstacles that need immediate adjustment.

Regarding the proposal to increase the scale of public investment capital for nationally important projects to 30,000 billion VND or more (currently 10,000 billion VND), some delegates suggested that it should only be raised to 20,000 billion VND. The Minister of Planning and Investment stated that the criterion for nationally important projects, set in 1997, was 10,000 billion VND. Since then, the size of the economy has increased tenfold compared to 2000 and 2.5 times compared to 2013. The average inflation rate from 2020 to the present is 3% per year.

A view of the 8th session of the 15th National Assembly. Photo: Quochoi.vn

According to the Minister of Planning and Investment, the Law is expected to have a lifespan of about 5-10 years. If it is extended as suggested by the delegates, it will no longer be appropriate in a few years. Therefore, it is necessary to maintain the capital scale for important projects at 30,000 billion VND as proposed by the Government.

In fact, during the 2021-2025 period, the National Assembly approved 10 nationally important projects, of which 5 projects exceeded 30,000 billion VND. It is projected that in the 2026-2030 period, there will be 40 projects exceeding 10,000 billion VND, including 30 projects over 30,000 billion VND. Considering and approving such a large number of projects within a single National Assembly term is excessive. Reducing the scale to 20,000 billion VND would require significantly more time and effort from the National Assembly in reviewing and approving nationally important projects. This also promotes increased decentralization and delegation of power, allowing the National Assembly to focus on major national policy decisions.

Openness for development is key, but strict management is still necessary to avoid waste.

Regarding the proposal to decentralize the authority to adjust medium-term public investment policies funded by the central government budget from the National Assembly Standing Committee to the Prime Minister, Minister of Planning and Investment Nguyen Chi Dung affirmed that this does not violate the Constitution. It also ensures flexibility because project adjustments occur daily and monthly, not in batches.

The government cannot submit each project, each province, to the National Assembly Standing Committee for consideration. Even if the Standing Committee meets every few weeks, it would still be difficult. Waiting to consolidate them all at once for submission would disrupt local affairs. Adjustments arise daily and monthly, so decentralization as proposed in the draft law will ensure flexibility and adaptability to real-world situations.

The 8th session of the 15th National Assembly. Photo: Quochoi.vn

Regarding the dissenting opinions on decentralizing the authority to decide on investment policies for Group B and C projects from the People's Council to the People's Committee, Minister of Planning and Investment Nguyen Chi Dung stated that Article 17 of the current Law already allows this, stating that the People's Council can delegate this authority to the People's Committee if necessary. In fact, 43 provinces have already implemented this. Recently, the Government consulted with 63 localities, and all agreed.

However, Minister of Planning and Investment Nguyen Chi Dung stated that he would seriously consider the feedback and, together with the relevant agencies, conduct a thorough study to determine whether to decentralize authority to the People's Committees or maintain the current system, before reporting to the Government and the National Assembly. A possible solution would be to separate and decentralize authority based on the budget sources of the province or district.

Regarding the separation of land clearance projects, Minister of Planning and Investment Nguyen Chi Dung stated that, according to current regulations, projects go through three stages: investment preparation, project preparation, and project implementation. Land clearance is part of the project preparation stage, carried out before and in parallel with investment procedures. Once investment procedures are completed, implementation can begin immediately, instead of waiting until the investment decision is made before starting land clearance.

“Separating land clearance projects into separate projects is a ‘revolution.’ However, while opening up for development, strict management is still necessary to avoid widespread waste. Therefore, the draft law stipulates that when separating land clearance projects, it must be consistent with planning, allocation, and capital mobilization,” emphasized Minister of Planning and Investment Nguyen Chi Dung.

Source: https://kinhtedothi.vn/bo-truong-bo-ke-hoach-dau-tu-sua-luat-dau-tu-cong-day-manh-phan-cap-phan-quyen.html