Develop specific and special mechanisms and policies to invest in developing the railway system.

(Chinhphu.vn) – Continuing the 9th Session, on the morning of June 16, under the direction of Vice Chairwoman of the National Assembly Nguyen Thi Thanh, the National Assembly listened to a report on the draft Law on Railways (amended).

Minister of Construction Tran Hong Minh reports to the National Assembly.

The (supplementary) report on the draft Law on Railways (amended), presented by Minister of Construction Tran Hong Minh, indicates that the draft Law has been revised to include 23 mechanisms and policies from the draft Resolution of the National Assembly on piloting some specific and special mechanisms and policies for investment and development of the railway system into the Chapter on railway construction investment and Article 5 of the draft Law, of which 4 policies were already included in the draft Law submitted to the National Assembly.

To ensure that the investment and construction progress of railway projects is met, the Government proposes that the new supplementary regulations in the draft Law take effect from July 1, 2025, while the remaining regulations of the amended Railway Law take effect from January 1, 2026.

The draft Law has been supplemented with specific and special mechanisms and policies to invest in the development of the railway system, creating a breakthrough legal framework for railway development. Specifically, it has incorporated the content of the aforementioned draft Resolution into 20 articles of the draft Law, and revised 33 articles according to the opinions of the agency in charge of reviewing the draft Law submitted to the National Assembly.

On June 15th, the Government submitted a report on the acceptance and explanation of the opinions of the National Assembly Standing Committee and the review comments on the draft Railway Law. Specifically, it fully accepted the opinions of the National Assembly Standing Committee, fully addressed and explained the review comments, and revised and finalized the draft Law. After revision, the draft Law now consists of 4 Chapters and 60 Articles.

Specifically, the scope of special policies has been reviewed and limited to apply only to investment in the construction of nationally important railway projects and railway projects whose policies are decided by the National Assembly; proposals have been made to supplement regulations on independent supervision in the implementation of special mechanisms and to regulate the role of state management to ensure strict control over quality, technical standards, and national defense security for railway projects in accordance with the law on investment.

At the same time, the draft Law reviewed and removed three policies on waste disposal sites, construction materials, and forest land conversion, proposing their inclusion in the general resolution of the session and application scope for the Hanoi - Dong Dang and Hai Phong - Ha Long - Mong Cai railway projects; and two policies on capital allocation and mobilization, as these policies are linked to the requirements and conditions of each specific project and period, and will be considered when deciding on investment policies.

In addition, 19 articles were omitted from the draft law because they contained detailed provisions that fell under the authority of the Government and the Ministers.

In addition, the draft Law has also undergone technical revisions regarding provisions on effectiveness and transitional clauses, in accordance with the opinions of the Standing Committee of the National Assembly.

Presenting the report on the review of the draft law, the Chairman of the Committee on Science, Technology and Environment, Le Quang Huy, stated that the Committee unanimously agreed to implement the directives of the competent authorities and urgently complete a groundbreaking legal framework for investment and development of the railway system. Therefore, the Committee basically agreed with the supplementary review of the draft Railway Law (amended) and reported it to the National Assembly for consideration and comments.

At the same time, it was unanimously proposed that the draft Law be immediately passed at this Ninth Session of the National Assembly according to the procedure for a single session; the drafting agency was requested to supplement the dossier, provide explanations, and clarify the opinions of the reviewers.

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 already codified from National Assembly resolutions; and 2 new mechanisms and policies, including Article 24 on investment in railway projects using non-state capital and Article 36 on contracts.

To institutionalize the Party's guidelines and legalize the specific mechanisms and policies stipulated in the National Assembly's resolutions on investment and development of specific railway projects, the drafting agency is requested to study and refine these specific mechanisms and policies in the following direction: limiting the scope and subjects of application; ensuring the consistency, uniformity, universality, and sustainability of the legal system; strengthening supervision, transparency, and information disclosure; and establishing appropriate sanctions. At the same time, feasibility, rigor, and effectiveness must be ensured.

Regarding the mechanisms and policies for urban development around railways (TOD model) and the exploitation of land in the vicinity of railway stations (Articles 26 and 27), many opinions generally agree with the mechanism of urban development centered on public transport systems (TOD) to exploit land around railway stations to create resources for the railway, in line with the direction of innovation.

However, it is suggested that further clarification and research be conducted to clearly define the limits of local authority when adjusting planning; to establish an independent and transparent monitoring mechanism when adjusting planning; to add regulations on infrastructure capacity criteria and infrastructure upgrade plans before approving TOD (Transit-Oriented Development), and to specify implementation conditions; to clearly define the revenue sharing mechanism; to regulate accountability and penalties; and to review, amend, and supplement 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