8th Session, 15th National Assembly: Facilitating decentralization and delegation of power

On the afternoon of November 29, the National Assembly voted to pass 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 with 444/446 delegates participating in the vote in favor, accounting for 92.69% of the total number of National Assembly delegates.

View of the meeting. Photo: Doan Tan/VNA

The Law amends and supplements 119 articles, clauses and 3 Appendices of 4 Laws; fundamentally eliminates specific and detailed provisions under the authority of the Government, facilitating decentralization and delegation of powers, meeting the requirements of administrative reform and ensuring consistency with practice. The Law stipulates the costs of establishing, promulgating and adjusting national, regional and provincial planning using public investment capital according to the provisions of the law on public investment and other legal capital sources; for national land use planning, national defense land use planning and security land use planning, it is implemented according to the provisions of the law on land. The costs of establishing, appraising and adjusting the tasks of establishing national, regional and provincial planning; appraising and appraising adjustments to national, regional and provincial planning; adjusting according to the order and procedures of shortening national, regional and provincial planning; Assessment of national, regional and provincial planning using regular expenditure sources in accordance with the provisions of the law on the state budget. Costs of establishing, appraising, announcing, assessing and adjusting technical and specialized planning using regular expenditure sources in accordance with the provisions of the law on the state budget and other legal capital sources. The Government shall specify this Article in detail. Also according to the Law, a bidding package belonging to a procurement estimate that does not form a project shall have a package price not exceeding VND 300 million; a bidding package belonging to a project shall have a package price not exceeding VND 500 million for a consulting service package, not exceeding VND 1 billion for a non-consulting service, goods, construction and installation, and mixed service package; a bidding package for establishing a planning task shall have a package price not exceeding VND 500 million. Regarding amendments and supplements to a number of articles of the Investment Law, the Law stipulates that in cases where two or more investors propose a project with a request for the State to lease land or change the land use purpose at a location, the Management Board of industrial parks, export processing zones, high-tech zones, and economic zones shall consider and issue an Investment Registration Certificate to the first investor to submit a valid application and notify the remaining investors in writing.

In case the first investor who submits the application is refused the Investment Registration Certificate, the Management Board of industrial parks, export processing zones, high-tech zones, and economic zones shall carry out the procedures for granting the Investment Registration Certificate according to the principle of reviewing the application of each subsequent investor in turn. Foreign investors are allowed to establish economic organizations to implement investment projects before registering for investment. In the report on Receiving, Revising and Explaining the Draft Law, Chairman of the Economic Committee Vu Hong Thanh presented that some opinions of National Assembly deputies reflected difficulties in implementing regulations on assessing the conformity of investment projects with types of planning in current laws, due to the lack of specific guidance. The National Assembly Standing Committee believes that the draft Law submitted by the Government to the National Assembly has been amended and clarified on the assessment of conformity with urban planning, but has not completely resolved the problems with national planning, regional planning, provincial planning, and rural planning. To resolve the difficulties, the draft Law has been revised to allow for the assessment of the project's conformity with relevant planning, avoiding the understanding that the project's conformity with all types of planning must be assessed. To make this provision feasible and avoid difficulties in practice, it is recommended that the Government promptly issue detailed guidance documents on this content, ensuring consistency and effectiveness in law enforcement.

Xuan Tung (Vietnam News Agency)

Source: https://baotintuc.vn/thoi-su/ky-hop-thu-8-quoc-hoi-khoa-xv-tao-thuan-loi-cho-viec-phan-cap-phan-quyen-20241129172812521.htm