This Resolution sets out the criteria for important national works for the Government to submit to the National Assembly for consideration and decision on investment policy. Works are determined based on the scale of investment capital, impact on the environment, resettlement of displaced persons, and special positions regarding national defense and security. The report must include detailed information on economic and social effectiveness, environmental protection, and resettlement of displaced persons.
适用范围
The Government, the Standing Committee of the National Assembly, the agencies of the National Assembly, the Government, and enterprises investing in important national works.
要点
- Important national works are determined based on an investment capital scale of 10,000 billion VND or more; significant impact on the environment; resettlement of displaced persons from 50,000 people in densely populated areas, 20,000 people in mountainous regions, and ethnic minority areas; located in areas of special importance for national defense and security or with historical and cultural relics.
- Works must report to the Standing Committee of the National Assembly and obtain the review opinion of relevant agencies before the Government submits them to the National Assembly for consideration and decision on investment policy.
- The report must include overall planning, basic parameters of the work, issues to be resolved, economic and social effectiveness, and the opinion of the State Appraisal Council.
- The National Assembly considers and issues a Resolution on the investment policy for each important national work. The Government implements according to this Resolution.
- The Standing Committee of the National Assembly and the agencies of the National Assembly supervise the implementation of the Resolution, and the Government reports annually on the implementation and final settlement upon completion of the work.
🌐 本文件的社会影响
- Positive impact: Helps enhance the effectiveness of state management over important national works, ensuring investment efficiency.
- Negative impact: May impose administrative burden on enterprises and implementing agencies.
- Enterprises may face difficulties in accurately determining the scale of investment capital to avoid rejection of investment policy consideration.
❓ 常见问题
What works are considered important national works?
Works with an investment capital scale of 10,000 billion VND or more, significant impact on the environment, resettlement of displaced persons from 50,000 people in densely populated areas, 20,000 people in mountainous regions, and ethnic minority areas, or located in areas of special importance for national defense and security.
To whom must works report before the Government submits them to the National Assembly?
Works must report to the Standing Committee of the National Assembly and obtain the review opinion of relevant agencies of the National Assembly.
What does the report on important national works include?
The report must include overall planning, basic parameters of the work, issues to be resolved, economic and social effectiveness, and the opinion of the State Appraisal Council.
How does the National Assembly handle the consideration of investment policy for works?
The National Assembly issues a Resolution on the investment policy for each important national work.
What must the Government report on the implementation of works?
Annually, the Government reports to the National Assembly on the implementation of important national works and final settlement upon completion within the time limit set by the Standing Committee of the National Assembly.
全文
RESOLUTION
Regarding the criteria for national key projects
to be submitted to the National Assembly for consideration and decision on investment orientation
OF THE NATIONAL ASSEMBLY
SOCIALIST REPUBLIC OF VIET NAM
To ensure the effectiveness of investment, enhance the efficiency of state management over national key projects; contribute to accelerating the country's industrialization and modernization process;
Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992;
Based on Article 2 of the Law on the Organization of the National Assembly; Article 19 of the Law on the Organization of the Government; Article 15 of the State Budget Law; Article 18 of the Environmental Protection Law and Resolution No. 02/1997/QH9 of the Ninth National Assembly at its eleventh session;
On the basis of considering the Report No. 398 KTNm dated November 17, 1997 of the Government on the Criteria for National Key Projects to be submitted to the National Assembly for consideration and decision on investment orientation; the Review Report No. 43/KHCNMT dated November 20, 1997 of the Science, Technology and Environment Committee of the National Assembly and the opinions of National Assembly deputies;
RESOLUTION:
Article 1:
1- Issuing the Criteria for National Key Projects as a basis for the Government to submit to the National Assembly for consideration and decision on investment orientation. 2- National key projects are "national key projects" mentioned in Article 19 of the Law on the Organization of the Government, "national programs, projects, and important construction works" mentioned in Clause 5, Article 15 of the State Budget Law, "projects with significant impact on the environment" mentioned in Article 18 of the Environmental Protection Law and "important investment projects, large and important projects, important construction works, and important basic construction works" mentioned in Resolution No. 02/1997/QH9 of the Ninth National Assembly at its eleventh session. National key projects referred to in this Resolution are understood as an independent project or a cluster of projects that are interlinked, as stipulated in Article 2.
Article 2:
A project meeting one of the following criteria is a national key project:
1- A project with an investment capital scale of VND 10,000 billion or more (based on the price level in 1997).
2- A project having a significant impact on the environment or potentially causing serious environmental impacts.
3- A project requiring relocation and resettlement of 50,000 people or more in densely populated areas, or 20,000 people or more in mountainous regions or ethnic minority areas.
4- A project located in special areas of importance for national defense and security or containing historical and cultural relics of great significance, or possessing special resources.
5- A project necessitating the application of special policies that require the National Assembly's consideration and decision.
Article 3:
The content of national key projects to be submitted to the National Assembly for consideration and decision on investment orientation includes:
1- The necessity of investing in and constructing the project; a summary of the overall planning of the relevant industry and territory related to the project.
2- Basic parameters of the project:
a. Scale (capacity, volume of products...);
b. Main technology of the project;
c. Location and land area occupied by the project;
d. Construction time: planned start date, construction progress, and completion time;
đ. Capital scale and expected sources of funding, including domestic and foreign sources; budget funds and credit or self-financing, labor mobilization funds; permissible limits for additional capital increases for the project.
3- Major issues to be resolved during implementation: environmental protection, relocation and resettlement, necessary policy adjustments, integration with national defense and security, preservation of historical and cultural relics.
4- Economic and social benefits of the project, interests of the project, beneficiaries, losses to be accepted, advantages, difficulties and measures to overcome them, impacts on the project's effectiveness due to various risks; ability to recover costs; ability to repay borrowed capital.
5- Opinions of the State Appraisal Council regarding the project.
6- Special recommendations to the National Assembly when considering and deciding on the project.
Article 4:
1- Based on the criteria approved by the National Assembly in this Resolution, the Government shall submit national key projects to the National Assembly for consideration and decision on investment orientation after reporting to the Standing Committee of the National Assembly and obtaining the review opinions of relevant committees of the National Assembly.
2- The National Assembly shall consider and issue a Resolution on the investment orientation for each national key project.
3- Based on the National Assembly's Resolution on national key projects, the Government shall implement the projects.
Article 5:
1- The National Assembly entrusts the Standing Committee of the National Assembly and the relevant committees of the National Assembly within their functions and tasks to supervise the implementation of the National Assembly's Resolution on national key projects.
2- Annually, the Government shall report to the National Assembly on the implementation status of national key projects.
3- The Government shall report to the National Assembly on the final settlement of accounts of national key projects after the projects are completed and put into operation within the time limit prescribed by the Standing Committee of the National Assembly.
Article 6:
This Resolution takes effect from the date it is adopted by the National Assembly.
The National Assembly entrusts the Standing Committee of the National Assembly and the Government to provide detailed regulations to implement this Resolution.
This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, tenth term, second session, on November 29, 1997./.
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