(MPI) - Resolution 126/NQ-CP dated September 1, 2024 of the Government on the thematic meeting on law making in August clearly stated that the Government agreed on the necessity of developing a 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 and the objectives of 09 policy groups in the Proposal for Law making; assigned the Ministry of Planning and Investment to study, absorb the maximum opinions of Government members, and complete the dossier of the Proposal for Law making.
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| Illustration photo. Source: MPI |
The Government highly appreciates the Ministry of Planning and Investment for presiding over and coordinating with relevant ministries and agencies to promptly develop and submit to the Government the Proposal to develop a 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 to immediately remove difficulties and obstacles in planning, investment and bidding activities as required in Resolution No. 101/2023/QH15 dated June 24, 2023 of the National Assembly, Resolution No. 110/2023/QH15 dated November 29, 2023 of the National Assembly and Resolution No. 93/NQ-CP dated June 18, 2024 of the Government on key tasks and solutions to promote growth, control inflation and stabilize the macro -economy .
The Government assigned the Ministry of Planning and Investment to study and absorb the maximum opinions of Government members, complete the dossier of the Proposal to develop the Law, ensuring requirements such as fully institutionalizing the Party's policies and guidelines and the direction of the National Assembly and the Government on continuing to build and synchronously perfect institutions, creating a legal framework to successfully implement socio-economic development tasks in the period of 2021-2025, focusing on removing difficulties and obstacles for production and business, supporting enterprises and people, contributing to stabilizing and improving the quality and competitiveness of the investment and business environment; creating an open mechanism to attract investors in the fields of high technology, clean energy industry, green economic development, digital economy, circular economy... to unleash all potentials and resources, creating new momentum for the country's rapid and sustainable development.
Complete the Report on the situation and difficulties and obstacles related to a number of provisions of the Law on Planning, the Law on Investment, the Law on Investment under the public-private partnership model and the Law on Bidding in the Proposal for Law making; clearly identify the problems and obstacles in practical implementation, the causes of the problems and obstacles; consult experts, scientists, practitioners, individuals and related organizations to complete the policies in the Proposal for Law making; promote policy communication, especially important amendments and supplements to create consensus among the People, businesses, related agencies, organizations and directly affected subjects.
Carefully review the revised and supplemented contents of the above 04 Laws, especially the new policies and contents proposed to be revised and supplemented in the Proposal for Law making (such as: regulations on special investment procedures; simplified procedures and order in planning adjustment; expansion of investment fields for implementing PPP projects, addition of some cases of applying the form of contractor selection in special cases, cases of designated bidding...), ensuring the feasibility, consistency and synchronization of the legal system; continue to coordinate with relevant ministries, branches and agencies to review and evaluate the problematic and inadequate provisions of some other related Laws (if any) to propose revisions and supplements in this Law project; closely follow the process of revising and supplementing the Securities Law to study revisions and supplements to the provisions on private bond offering in the Enterprise Law.
Continue to synthesize and study the opinions of agencies, organizations and individuals to revise and complete the dossier of the Proposal for Law making; complete the Policy Impact Assessment Report, ensuring a full and comprehensive assessment of the positive and negative impacts on the socio-economy, gender, administrative procedures and legal system of each solution to have a basis for selecting feasible options suitable to reality.
The Government basically agrees with many contents of decentralization, delegation of power, and simplification of administrative procedures in the Proposal for Law making.
Regarding the continued implementation of Build-Transfer contracts (BT contracts) , the Resolution clearly states that the Government agrees on the need to conduct research to innovate and improve the implementation mechanism of BT contracts. The Ministry of Planning and Investment continues to coordinate with ministries, branches, localities, experts and scientists to review regulations on the BT contract mechanism that has been applied in some localities in recent times, research and propose additional solutions to improve the implementation mechanism of this type of contract; carefully assess the positive and negative impacts of each solution to propose feasible and rigorous solutions that meet practical requirements.
Regarding the investment sector, the minimum investment scale to implement PPP projects, the proportion of state capital participating in project implementation: The Government agrees with the proposal of the Ministry of Planning and Investment on expanding and diversifying investment sectors to the maximum, abolishing regulations on the minimum capital scale to implement PPP projects and increasing the proportion of state capital participating in project implementation to a level higher than 50% but not exceeding 70% with some specific conditions according to the decision of the Prime Minister (for projects using central budget capital) or according to the decision of the People's Council (for projects using local budget capital). The Ministry of Planning and Investment continues to summarize and evaluate the impact thoroughly, ensuring that the regulations are feasible, strict, and consistent with the principles and nature of PPP projects.
Regarding the handling of transitional BOT and BT projects: The Government agrees that it is necessary to amend and supplement to clearly stipulate the transitional content in order to create a complete and unified legal basis for resolving existing difficulties in practice. The Ministry of Planning and Investment continues to summarize the practice, fully assess the difficulties and obstacles, and correctly identify cases that require transitional regulations for handling on the basis of closely following the direction of the Politburo on removing difficulties and obstacles related to projects and land in a number of provinces and cities.
Regarding the contents of the amendments to the Law on Bidding: The Government agrees on the policy of decentralizing the authority to decide on the application of the form of contractor selection in special cases. The Ministry of Planning and Investment continues to review and summarize the problems arising in the process of implementing the Law, maximally absorb the feedback from ministries, branches, localities, and enterprises, propose amendments and supplements to remove difficulties and problems in bidding activities, contractor selection, especially in the procurement of drugs, medical supplies and equipment; review and fully assess the impact of expanding the cases of designated bidding, contractor selection in special cases as proposed by ministries, branches, and localities to have appropriate solutions.
Regarding the decentralization of the Prime Minister's authority to approve investment policies to provincial-level People's Committees for projects in protection zone I of national relics, special national relics; protection zone II of special national relics on the World Heritage List: The Ministry of Culture, Sports and Tourism shall preside over and coordinate with the Ministry of Planning and Investment to review and assess difficulties and obstacles in the process of implementing the Law on Cultural Heritage to study appropriate decentralization and delegation of authority, on the basis of closely following the process of amending the Law on Cultural Heritage and ensuring compatibility with relevant international treaties to which the Socialist Republic of Vietnam is a member.
Regarding the requirements for decentralization, delegation of power, reform of administrative procedures and requirements for preventing and combating corruption and negativity in the process of law making: The Government basically agrees with many contents of decentralization, delegation of power, and simplification of administrative procedures in the dossier of the Law making proposal. The Ministry of Planning and Investment studies and supplements regulations on power control, strengthens inspection, supervision and handling of violations, contributing to raising awareness and responsibility of relevant entities in the implementation process.
The Government assigned the Ministry of Planning and Investment to preside over and coordinate with relevant ministries and agencies to complete the Proposal to develop a 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 in accordance with the provisions of the Law on Promulgation of Legal Documents, and send it to the Ministry of Justice for synthesis; assigned the Minister of Justice to be authorized by the Prime Minister, on behalf of the Government, to sign the Government's Submission to report to the National Assembly Standing Committee for consideration and decision to add this Law project to the 2024 Law and Ordinance Development Program, submit it to the National Assembly for permission to apply the simplified procedures and review and approve it at the 8th Session in October 2024 according to the 1-session process./.
Source: https://www.mpi.gov.vn/portal/Pages/2024-9-5/Thao-go-ngay-nhung-kho-khan-vuong-mac-trong-cong-t5hnx69.aspx
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