Minister of Construction Tran Hong Minh reports at the National Assembly
The (supplementary) submission to the draft Law on Railways (amended) presented by Minister of Construction Tran Hong Minh said that the draft Law has been revised to add 23 mechanisms and policies in the draft Resolution of the National Assembly on piloting a number of specific and special mechanisms and policies for investment in developing the railway system to the Chapter on regulations on investment in railway construction and Article 5 of the draft Law, of which 4 policies are already included in the draft Law submitted to the National Assembly.
To ensure meeting the requirements on investment progress in construction of railway projects, the Government proposed new additional regulations to the draft Law taking effect from July 1, 2025, the remaining regulations of the Railway Law (amended) taking effect from January 1, 2026.
The Draft Law has been supplemented with specific mechanisms and policies, especially for investment in developing the railway system, creating a breakthrough legal corridor for railway development. Specifically, the content of the above draft Resolution has been legalized into 20 Articles of the Draft Law, and 33 Articles have been revised according to the opinions of the agency in charge of reviewing the draft Law submitted to the National Assembly.
On June 15, the Government reported on the acceptance and explanation of the opinions of the National Assembly Standing Committee and the opinions of the review of the draft Railway Law, specifically accepting all the opinions of the National Assembly Standing Committee, fully accepting and explaining the review opinions and revising and perfecting the draft Law. After revision, the draft Law has 4 Chapters and 60 Articles.
Specifically, the scope of specific policies has been reviewed and limited to only apply to investment in the construction of important national railway projects and railway projects decided by the National Assembly; it is proposed to supplement regulations on independent supervision in the implementation of specific mechanisms and stipulate the role of state management to ensure strict control over quality, technical standards, and national security for railway projects according to the provisions of the law on investment.
At the same time, review and remove from the draft Law 3 policies on dumping sites, construction materials, and conversion of forest use purposes and propose to include them in the General Resolution of the session and the scope of application for the Hanoi - Dong Dang and Hai Phong - Ha Long - Mong Cai railway projects; 2 policies on capital allocation and mobilization because these policies are associated with the requirements and conditions of each specific project, each period and will be considered when deciding on investment policies.
Along with that, 19 Articles were omitted from the draft Law submitted because there were detailed regulations under the authority of the Government and the Minister.
In addition, the draft Law has also been technically revised for provisions on effectiveness and transitional provisions according to the opinions of the National Assembly Standing Committee.
Presenting the Report on the review of the draft Law, Chairman of the Committee on Science, Technology and Environment Le Quang Huy stated that the Committee agreed to implement the direction of competent authorities, urgently complete the breakthrough legal corridor for investment in developing the railway system, and therefore basically agreed to review and supplement the draft Law on Railways (amended) and report to the National Assembly for consideration and comments.
At the same time, agree to propose to immediately pass the Law project at this Ninth Session of the National Assembly according to the procedure at a session; request the drafting agency to supplement the dossier, explain and clarify the review opinions.
According to the Government's Submission, the draft Law has been supplemented and revised to legalize 23 specific and special mechanisms and policies, including 21 mechanisms and policies legalized from Resolutions of the National Assembly; 2 new mechanisms and policies, including Article 24 on investment in railway projects using non-state capital and Article 36 on contracts.
In order to institutionalize the Party's policies and legalize the specific and special mechanisms and policies stipulated in the National Assembly's Resolutions on investment in the development of a number of specific railway projects, it is recommended that the drafting agency study and perfect these specific and special mechanisms and policies in the direction of: Limiting the scope and subjects of application; ensuring the consistency, unity, universality and sustainability of the legal system; strengthening supervision, information disclosure and transparency; and having appropriate sanctions. At the same time, it is necessary to ensure the requirements of feasibility, strictness and efficiency.
Regarding the mechanism and policy for urban development around the railway (TOD model) and exploitation of land funds in the vicinity of the station (Articles 26 and 27), many opinions basically agree with the urban development mechanism focusing on the public transport system (TOD) to exploit land funds around the station to create resources for the railway, in line with the orientation of innovation.
However, it is recommended to clarify and study additional regulations clearly defining the limits of local authority when adjusting planning; stipulating an independent and transparent monitoring mechanism when adjusting planning; supplementing regulations on criteria on infrastructure capacity and infrastructure upgrade plans before approving TOD, stipulating implementation conditions; clearly defining the revenue sharing mechanism; stipulating accountability and sanctions; reviewing, amending and supplementing relevant laws.
Nguyen Hoang
Source: https://baochinhphu.vn/xay-dung-cac-co-che-chinh-sach-dac-thu-dac-biet-de-dau-tu-phat-trien-he-thong-duong-sat-102250616111224848.htm
Comment (0)