(MPI) - The Ministry of Planning and Investment is seeking comments on the Draft Decree detailing the Investment Law on special investment procedures in order to carry out the tasks assigned in the law, promptly detailing Article 36a of the Investment Law on special investment procedures, ensuring that it takes effect at the same time as the Law takes effect. In addition, to ensure consistency in the implementation of investment procedures, in accordance with new provisions of the Investment Law and the Planning Law, the Decree also amends and supplements the provisions on assessing the conformity of investment projects with planning in Decree No. 31/2021/ND-CP dated March 26, 2021 of the Government detailing and guiding the implementation of a number of articles of the Investment Law.
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| Illustration photo. Source: MPI |
The viewpoint of drafting the Decree is to closely follow the detailed regulations on the contents that need guidance in Article 36a of the Investment Law, ensuring that new regulations on special investment procedures can be implemented in practice. Ensuring consistency and synchronization with Decree No. 31/2021/ND-CP dated March 26, 2021 in the direction that in addition to the provisions of this Decree, projects subject to Article 36a of the Investment Law shall comply with relevant provisions of the Investment Law and Decree No. 31/2021/ND-CP dated March 26, 2021.
The Draft Decree has 03 Chapters and 10 Articles, including Chapter I: General provisions; Chapter II: Procedures for granting and adjusting Investment Registration Certificates; Chapter III: Implementation provisions.
Chapter I. General provisions include the following contents: Article 1 defines the scope of regulation and subjects of application of the Decree. Accordingly, this Decree details the special investment procedures prescribed in Article 36a of the Investment Law, amended and supplemented in Clause 8, Article 2 of Law No. 57/2024/QH15 amending and supplementing a number of articles of the Law on Planning, the Investment Law, the Law on Investment under the public-private partnership model and the Law on Bidding on special investment procedures. This Decree applies to investors, competent state agencies, organizations and individuals implementing or related to special investment procedures. Article 2 stipulates the fields of application of special investment procedures. Accordingly, the Prime Minister decides on other cases not prescribed in Clause 1 of this Article at the request of the Ministry of Planning and Investment based on proposals of Ministers, Heads of ministerial-level agencies, and Chairmen of provincial People's Committees.
Chapter II. Procedures for granting and adjusting Investment Registration Certificates, including Article 3, stipulates the procedures for registering for the granting of Investment Registration Certificates. Accordingly, it specifies the details of the investor's commitment to meeting the conditions, standards, and regulations according to the provisions of law on construction, environmental protection, fire prevention and fighting in the investment project implementation registration document; specifies the details of identification, forecast of environmental impacts and measures to minimize negative environmental impacts in the investment project implementation proposal. In case the investor proposes an investment project similar to a project that has been implemented in Vietnam or abroad, the investor may submit approved documents and records of that project instead of the investment project proposal, but must include the contents of the investment project proposal specified in Article 36a of the Investment Law and Clause 3 of this Article.
Article 4 stipulates the procedures for ensuring project implementation. Accordingly, the investor shall make a deposit or submit a guarantee certificate from a credit institution for the deposit obligation after being granted the Investment Registration Certificate and before organizing the implementation of the compensation, support and resettlement plan approved by the competent authority (in case the investor does not make an advance payment for compensation, support and resettlement) or before the time of issuance of the decision to lease land or permit the change of land use purpose (in case the investor has made an advance payment for compensation, support and resettlement). The investor shall be refunded 50% of the deposit amount or the guarantee level for the deposit obligation shall be reduced by 50% at the time the investor sends the Management Board a notice of commencement of construction together with the documents specified in Clause 8, Article 36a of the Investment Law; Refund the remaining deposit and interest arising from the deposit (if any) or terminate the validity of the deposit guarantee at the time the investor has completed the self-acceptance of the construction work.
Article 5 provides detailed regulations on project adjustment. Accordingly, the adjustment of project operational objectives shall be implemented in accordance with the corresponding provisions in Article 3 of this Decree. The adjustment of investment projects in cases not covered by Clause 1 of this Article shall be implemented in accordance with the corresponding provisions of the Investment Law and Decree No. 31/2021/ND-CP dated March 26, 2021 of the Government detailing and guiding the implementation of a number of articles of the Investment Law, in which the adjustment dossier includes a commitment to meet the conditions, standards, and regulations according to the provisions of law on construction, environmental protection, fire prevention and fighting. All objectives of the investment project after adjustment must fall within the fields specified in Clause 1, Article 36a of the Investment Law and Article 2 of this Decree.
Article 6 stipulates the investor's responsibility to notify the commencement of construction for investment projects with construction components. Accordingly, at least 30 days before the commencement of construction, the investor is responsible for notifying the commencement of construction to the competent state agency for construction order management in the locality and the Management Board as prescribed in Clause 8, Article 36a of the Investment Law.
Article 7 stipulates the implementation of investment projects. Accordingly, investors are responsible for fully implementing the provisions of the Investment Registration Certificate and commitments on construction, environmental protection and fire prevention and fighting, and are responsible for failing to properly implement their commitments. Investors carry out procedures for granting Environmental Licenses in accordance with the provisions of the law on environmental protection. In case investors do not meet the requirements, conditions, standards and technical regulations committed, they will be considered for administrative violations, suspension, termination of operations and other forms in accordance with the provisions of the law on handling administrative violations, Article 47, Article 48 of the Investment Law and relevant laws. The Management Board performs its duties and powers in accordance with the provisions of law and is responsible for monitoring, evaluating, detecting and notifying investors of issues arising during the implementation of investment projects; Inspect and supervise the implementation of the project according to the Investment Registration Certificate and the investor's commitment; resolve within authority or notify the competent state agency to promptly resolve issues arising during the process of deploying and implementing the investment project;...
Chapter III. Implementation provisions include the following contents: Article 8 adds points d and đ after point c, clause 7, Article 31 of Decree No. 31/2021/ND-CP dated March 26, 2023 detailing and guiding the implementation of a number of articles of the Investment Law in the direction of planning specified in Point a, Clause 3, Article 33 of the Investment Law, which is determined to be planning related to the operational objectives of the investment project; for national, regional, and provincial planning, projects already included in the Planned List of the planning are determined to be consistent with these plans; for projects not yet included in the Planned List of the planning, the project's consistency with the objectives, development orientation, arrangement, and distribution of space shall be assessed according to the content and requirements of the planning. This content is intended to provide detailed regulations and to ensure consistency with the provisions on assessing conformity with relevant planning at Point a, Clause 3, Article 33 of the Investment Law and the List of expected projects in the national master plan, national maritime space planning, national sectoral planning, regional planning, and provincial planning at Articles 22, 23, 25, 26, and 27 of the Planning Law as amended and supplemented by Law No. 57/2024/QH15.
Article 9 on transitional provisions. Accordingly, the issuance or reissuance of the Investment Registration Certificate as prescribed in Point c, Clause 2, Article 6 of Law No. 57/2024/QH14 shall be carried out in cases where investors choose to apply special investment procedures to the entire investment project. In case of applying special investment procedures to a part or phase of the investment project, investors shall carry out project adjustment procedures in accordance with the corresponding provisions in Article 5 of this Decree. The adjusted Investment Registration Certificate shall record the contents of the adjusted investment project. Projects that have had their environmental impact assessment reports, detailed planning, construction permits and documents approving, accepting and permitting in the fields of construction, fire prevention and fighting before the effective date of Law No. 57/2024/QH14 shall continue to be implemented in accordance with the issued documents or permits.
The draft Decree detailing the Investment Law on special investment procedures is being posted on the Ministry of Planning and Investment's electronic information portal to solicit comments so that the Ministry of Planning and Investment has a basis to synthesize and report to the Government for consideration and decision./.
Source: https://www.mpi.gov.vn/portal/Pages/2024-12-5/Xay-dung-Nghi-dinh-quy-dinh-chi-tiet-Luat-Dau-tu-vcpdbkn.aspx
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