(MPI) - At the Government's special session on law-making in September 2024, Minister of Planning and Investment Nguyen Chi Dung presented a summary report on the reception and completion of the draft Law on Public Investment (amended) and 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.
The meeting was chaired by Prime Minister Pham Minh Chinh . Attending the meeting were Deputy Prime Ministers; Ministers, Heads of ministerial-level agencies, Government agencies; leaders of relevant ministries, branches and agencies. Deputy Ministers of Planning and Investment Tran Quoc Phuong and Nguyen Thi Bich Ngoc attended the meeting.
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| Minister Nguyen Chi Dung speaks at the meeting. Photo: Chinhphu.vn |
Reporting at the meeting, Minister Nguyen Chi Dung said that, in order to carry out the assigned tasks, the Ministry of Planning and Investment has urgently developed the amended Law on Public Investment and 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. In particular, regarding the amendment of the Law on Planning, to meet the requirements of planning adjustment in urgent cases, the draft Law stipulates planning adjustment according to the simplified procedure. At the same time, this procedure is adjusted and regulated more strictly in the direction that planning adjustment does not change the planning objectives, ensuring the consistency, inheritance and stability of the plans.
The Ministry of Planning and Investment has completed other contents, including: Completing regulations on the national planning system, the relationship between types of planning to ensure the unity and synchronization of the planning system; Delegating authority to the provincial People's Committee to approve the plan to implement provincial planning to ensure proactiveness and flexibility in implementing provincial planning.
Supplementing regulations allowing the use of 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; Adjusting regulations on "Project List" in national planning, regional planning, and provincial planning "Proposed List of Projects" to be consistent with the orientation and long-term nature of these plans...
Regarding the amendment of the Investment Law, with the aim of simplifying investment procedures, shortening project implementation time to create a favorable and competitive mechanism to attract strategic investors, the draft Law stipulates special investment procedures applicable to a number of high-tech projects in industrial parks, export processing zones, high-tech zones and economic zones according to the investment registration process at the Management Board of industrial parks, export processing zones, high-tech zones and economic zones to issue Investment Registration Certificates.
Switch from pre-inspection to post-inspection, reducing related administrative procedures, in which investors do not have to carry out some procedures to be licensed, accepted or approved in 3 areas that require a lot of time for administrative procedures: construction, environmental protection and fire prevention and fighting.
At the same time, absorbing opinions from agencies, the Ministry of Planning and Investment has completed regulations on special procedures in the direction of clarifying the subjects of application as projects in the fields of innovation, research and development; semiconductor integrated circuit industry, design technology, manufacturing of components, integrated electronic microcircuits, chips, and high-tech fields, high-tech products are prioritized and encouraged for investment according to the Prime Minister's decision.
Supplementing regulations on investment registration dossiers and documents prepared by investors to send to state management agencies as a basis for inspection and supervision; Regulating the responsibilities of the Management Board of industrial parks, export processing zones, high-tech zones, and economic zones in inspecting, supervising, and evaluating project implementation according to the Investment Registration Certificate and investor commitments; coordinating with competent state agencies to perform tasks of inspecting, supervising, and evaluating the implementation of investor commitments on construction, environmental protection, technology transfer, fire prevention and fighting according to the provisions of law...
The Ministry of Planning and Investment has worked directly with the Ministry of Construction, the Ministry of Natural Resources and Environment, and the Ministry of Science and Technology on this content and has sent Official Dispatch No. 7067/BKHĐT-PC dated September 4, 2024 to the Ministries requesting comments and proposals on contents that need to be added to the project dossier to ensure post-inspection in the fields of construction, environmental protection, technology, and fire prevention and fighting.
The Ministry of Planning and Investment continues to complete the content of regulations on decentralization of the Prime Minister's investment policy approval authority to the provincial People's Committees; Regulations on termination of investment projects that have not been implemented for many years, causing waste of land and release of resources.
Regulations on the establishment of an Investment Support Fund from the state budget and other legal sources of revenue to attract strategic investors, multinational corporations and support businesses in a number of investment incentive industries and professions.
Regarding the amendment of the Law on Investment under the public-private partnership method, the Ministry of Planning and Investment has completed this content in the direction of encouraging the implementation of the PPP method for all projects in the public investment sector to provide public products and services, except for projects under the State monopoly as prescribed by the law on management of sectors, fields or projects in the fields of national defense, security and social order and safety.
Abolish the limit on minimum investment capital to implement PPP projects; assign ministries, branches and localities to consider and be responsible for deciding on the selection of projects suitable to the needs and implementation conditions of investors.
Continue to apply the BT contract type with payment in cash and payment in land fund in the direction of comprehensively innovating the implementation and payment methods for investors, overcoming as much as possible the shortcomings and difficulties in implementing this type of contract; Add 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.
The draft also amends and supplements regulations on financial mechanisms for PPP projects; processes and procedures for implementing PPP projects; and handling of problems with transitional BOT and BT projects.
Regarding the amendment of the Law on Bidding, the Ministry of Planning and Investment has completed this content to contribute to saving time and speeding up the implementation of projects and bidding packages. Allowing the application of restricted bidding, international bidding, and domestic bidding in cases where development partners and foreign donors request the application of these forms as a binding condition in the process of negotiating and signing international treaties and foreign loan agreements to speed up the process of negotiating and signing international treaties and foreign loan agreements.
Supplementing bid packages that apply the form of contractor selection in special cases, and at the same time decentralizing the authority to decide on the application of this form to speed up the implementation progress of projects and bid packages with special requirements on contractor selection for which other forms of contractor selection prescribed in this Law cannot be applied.
Amending regulations on applying direct procurement to the purchase of drugs for retail sale at drug retail establishments to remove difficulties in drug retail activities at hospital pharmacies, speed up drug procurement progress, and meet the quality and requirements for medical examination and treatment.
In addition, this Law amends and supplements a number of other contents to remove obstacles, increase competitiveness in bidding, and ensure the rights of subjects in the bidding process, such as: supplementing regulations on the eligibility of bidders; shortening the time to prepare bidding documents for simple, small-value consulting service packages; amending regulations on the one-stage, two-envelope method.
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| Overview of the meeting. Photo: Chinhphu.vn |
Concluding the general meeting, Prime Minister Pham Minh Chinh assessed that after a day of urgent and enthusiastic work with a high sense of responsibility, the Government had completed 05 important contents; requested the Ministers to direct the serious and complete acceptance of reasonable opinions of Government members and delegates, complete proposals and draft laws according to regulations, ensure progress, and improve quality; the Deputy Prime Ministers assigned according to their areas of responsibility should pay attention to and directly direct the completion of the 05 important contents mentioned above.
The Prime Minister emphasized a number of key tasks regarding institutional work in the coming time and said that the workload is very large due to practical requirements while having to spend time and effort on many other important tasks. Accordingly, we must continue to promote the spirit of serving the people, doing better and better, worthy of the trust and expectations of the Party, State and people.
The Prime Minister requested that Ministers and Heads of ministerial-level agencies prioritize time, focus the highest resources, directly lead and direct the completion of draft laws to submit to the National Assembly in accordance with regulations; closely coordinate with National Assembly agencies, create consensus in the process of examining, explaining, receiving and revising draft laws according to the opinions of the National Assembly Standing Committee and National Assembly deputies; continue to seek opinions from experts, scientists, practical activists, and affected subjects... At the same time, it is required that the development and promulgation of detailed regulations and instructions for the implementation of laws and ordinances must be timely, not allowing legal gaps or obstacles to occur, causing difficulties for localities, businesses, and people, affecting the effectiveness of the law due to the delay in promulgating detailed regulations./.
Source: https://www.mpi.gov.vn/portal/Pages/2024-9-17/Tiep-tuc-hoan-thien-khuon-kho-phap-ly-khac-phuc-ha7qef4u.aspx
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