On the morning of November 6, continuing the program of the 8th Session, under the direction of Vice Chairman of the National Assembly Nguyen Duc Hai, the National Assembly continued to discuss in the hall the draft Law on Public Investment (amended).
Chairing the discussion session, Vice Chairman of the National Assembly Nguyen Duc Hai said that the National Assembly discussed in groups the draft Law on Public Investment (amended), with 102 opinions expressed, basically the opinions expressed agreed with the necessity of amending the law to implement the Party and State's policy of removing urgent and truly necessary obstacles, meeting the requirements of implementing public investment projects, effectively using public investment capital, cutting administrative procedures; and strengthening decentralization and delegation of authority in public investment management.
At this discussion, the Vice Chairman of the National Assembly suggested that the National Assembly deputies focus on the contents stated in the Government 's Submission and the Review Report of the Finance and Budget Committee, paying attention to the contents on the scope of amendments, the quality of the draft law to be passed at a session, the feasibility, practicality and specificity of the provisions stipulated in the draft law, the specific provisions on the 5 groups of policies submitted by the Government and the issues that the review agency proposed to supplement and assess the impact; suggested considering amending, not amending or supplementing the principles and conditions to ensure strictness...
Regulations on responsibility for land use after separating the site clearance project
Speaking at the discussion, delegate Hoang Van Cuong - Hanoi National Assembly Delegation expressed his agreement with the need to adjust the Law on Public Investment and most of the proposed amendments in the draft law. Commenting on the regulation on separating land clearance projects, the delegate said that although we have not yet had an assessment report and summary of pilot projects separating land clearance into a separate project. However, with the results achieved by the separated projects in the past, we can rest assured, agree, and allow all group A, B, C projects to be able to separate the land clearance part when necessary.
However, to avoid the abuse of land clearance separation, leaving the land unused or separating and using it for other purposes when the land recovery and site clearance are not subject to land clearance, delegates suggested that the draft law should specifically stipulate that the person making the separation decision must be responsible for using the land after site clearance for the correct purpose as the original project proposed.
Regarding the proposal to increase the scale of investment capital in the project classification criteria, delegate Hoang Van Cuong said that compared to the time when the Law on Public Investment 2015 was first issued, the scale of the economy has increased by more than 2 times. Therefore, the proposal to increase the scale of capital for groups A, B, C by 2 times as proposed in the draft law is appropriate. However, the delegate said that the increase in the scale of national importance from 10,000 to 30,000, that is 3 times, is not really grounded. Therefore, the delegate suggested that it should be considered and proposed to increase by 2 times, equivalent to the increase in the scale of the economy. We know that important national projects approved by the National Assembly are always accompanied by specific mechanisms and policies to help the project be implemented more smoothly.
Delegate Hoang Van Cuong also suggested that it is necessary to consider decentralizing the authority to decide on investment policies from the People's Council to the Chairman of the People's Committee at the same level. The delegate said that currently, the People's Councils at all levels meet quite frequently, so we do not have to worry about having to wait when approving the People's Council and in fact, when approving the People's Council, the preparation of projects must be more thorough and this more thorough preparation is very necessary. Experience such as foreign investors when implementing projects, the project preparation part takes a lot of time and is prepared very carefully, later implementation will be very suitable and there will be no problems. Moreover, when approving through the People's Council, we have implemented a power control mechanism and thus do not concentrate risks on the person responsible for both approving the policy and building the project and I think this is a way to avoid possible risks.
Another issue, according to delegate Hoang Van Cuong, is that it is necessary to reconsider the proposal that the list of medium-term public investment projects is only a projected list and to decentralize the authority to adjust the medium-term public investment plan and the annual plan. Because if implemented according to the above proposal, the projects when implemented in reality may be completely different, not the projects as included in the medium-term public investment plan. Because the list in the medium-term public investment plan is only a projected list and the implementing agency is allowed to change those projects on its own. If this mechanism is implemented, it may return to the situation of scattered investment as before the Law on Public Investment. We know that this proposal is to overcome the situation of medium-term public investment projects taking too long to prepare, so when included in the annual plan, it is not suitable and needs to be adjusted. Therefore, to overcome this situation, delegates proposed to add to the law a rolling 3-year medium-term public investment plan.
“With the rolling 3-year medium-term public investment plan, we will take the project list from the 5-year public investment plan into the 3-year plan, including 2 years of preparation. If there are unsuitable projects, we will replace them. After those 2 years, in the 3rd year, which is the year included in the annual plan, there will be capital, approval, and immediate implementation. We have overcome the above-mentioned shortcomings,” emphasized delegate Hoang Van Cuong.
The draft law has removed the bottlenecks.
Participating in the discussion at the hall, delegate Tran Chi Cuong - National Assembly Delegation of Da Nang City highly appreciated the draft Law on Public Investment (amended) submitted to this session for realizing the policies of the 10th Conference of the 13th Party Central Committee and the guiding viewpoint of General Secretary To Lam on removing institutional bottlenecks, promoting decentralization, decentralization, assigning localities to decide, localities to do and localities to take responsibility. The draft law has studied and resolved long-standing problems in the implementation of public investment activities from the provisions of the current Law on Public Investment or due to the provisions creating different understandings and approaches in the organization and implementation of the law to promote the effective implementation of the draft Law on Public Investment.
Commenting on the draft Law, the delegate said that the revised Law on Public Investment stipulates that the capital allocation period for Group A projects is 6 years, Group B is 4 years and Group C is 3 years and is unchanged from the provisions of the current Law on Public Investment. With the time to carry out the procedures as I have presented above, it is impossible to comply with the provisions in Clause 2, Article 89 of the current Law on Public Investment on the capital limit for projects that have been approved for investment in the current medium-term public investment period, transitioning to the medium-term public investment plan, the next period must not exceed 20%.
Therefore, the delegate proposed to consider raising the limit of the capital portion transferred from the current medium-term public investment period to the next medium-term public investment plan not to exceed 50% based on the development strategy orientation, capital source forecast and capital balancing capacity of the central and local governments when approving the medium-term public investment plan.
Agreeing with the need to amend the Law on Public Investment and agreeing with many of the amended contents of the law, however, delegate Nguyen Thi Tuyet Nga - National Assembly Delegation of Quang Binh province said that the draft Law on Public Investment has a wide scope of amendment, amending 44 articles, adding 16 articles, abolishing 7 articles with the main contents to specify 50 major policy groups related to many other laws and many laws are also being amended at this session, many issues are still having different opinions. Therefore, the determination to give opinions and pass the law at one session is a big challenge, the delegate suggested that the Government carefully consider the amended contents to ensure the feasibility of the draft law. It is advisable to select issues that are mature and clear enough to be amended, regulations that are flexible, easily changed and under the decision-making authority of the Government, Prime Minister, ministries, branches and localities, then hand them over to competent authorities for detailed regulations and implementation instructions.
Another issue, the delegate said, regarding the criteria for classifying important national projects in Article 8 of the draft Law on Public Investment, it is also proposed to increase the capital criteria of public investment projects. The delegate recognized that the current scale of the project has been implemented since 2015, and up to now, adjusting the investment capital for the projects is necessary. However, there needs to be a specific assessment, providing the basis for increasing the investment capital of the project to meet the criteria of national importance, at the same time, it is necessary to assess the policy impact on the system of ongoing projects as well as the development context of each locality to determine appropriate criteria.
Regarding the promotion of ODA capital disbursement plan, delegate Nguyen Thi Tuyet Nga proposed to consider legalizing the contents of Decree 1514 and adding them to Chapter IV of the draft. Through research, the delegate found that many provisions are of a referential nature and many provisions overlap with the provisions on the establishment, appraisal, and decision on investment policies related to state budget capital. Therefore, the delegate suggested that the drafting agency review in the direction of only regulating specific issues, and at the same time, for the contents on procedures, the Government should be assigned to regulate instead of including them all in the law to ensure the stability of the law.
Source: https://baotainguyenmoitruong.vn/thao-go-vuong-mac-trien-khai-hieu-qua-cac-du-an-dau-tu-cong-382793.html
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