Resolution No. 05/NQ-1997-QH10 On the criteria for important national projects to be submitted to the National Assembly for consideration and decision on investment policies

RESOLUTION

Regarding the criteria for major national projects to be submitted to the National Assembly for consideration and decision on investment orientation
for approval

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OF THE NATIONAL ASSEMBLY
SOCIALIST REPUBLIC OF VIET NAM

To ensure the effectiveness of investment, enhance the efficiency of state management over major national projects; contribute to accelerating the country's industrialization and modernization process;

Based on 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. 389KTN^{Granite, gabbro, decorative stone...} dated November 17, 1997 of the Government on the Criteria for Major 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 Committee for Science, Technology and Environment of the National Assembly and the opinions of the National Assembly delegates.

RESOLVES

Article 1:

1. Enactment of the Criteria for Major National Projects as the basis for the Government to submit to the National Assembly for consideration and decision on investment orientation.

2. A major national project is defined as "major 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 projects" mentioned in Resolution No. 02/1997/QH9 of the Ninth National Assembly at its eleventh session. In this Resolution, a major national project refers to an independent work or a cluster of works that are interconnected, as stipulated in Article 2.

Article 2:

A project meeting one of the following criteria shall be considered a major national 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 areas of special 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 mechanisms and policies that require the National Assembly's consideration and decision.

Article 3:

The content regarding major national projects to be submitted to the National Assembly for consideration and decision on investment orientation includes:

1. The necessity for investment and construction of 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: estimated start date, progress schedule, and completion date.

e. Capital scale and sources of capital to be mobilized, including domestic and foreign sources; budget funds and credit or self-owned capital, labor mobilization capital; permissible limits for additional capital increases for the project.

3. Key issues to be resolved during implementation: environmental protection, relocation and resettlement, policy adjustments, integration with national defense and security, preservation of historical and cultural relics.

4. Economic and social benefits 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; repayment capacity; ability to repay borrowed capital.

5. Opinion The review opinion of the State Appraisal Council on 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 major national 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 major national project.

3. Based on the National Assembly's Resolution on major national 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 major national projects.

2. Annually, the Government shall report to the National Assembly on the implementation status of major national projects.

3. After the completion and operation of major national projects, the Government shall report to the National Assembly on the final settlement accounts within the time limit specified 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./.