Decision No. 1621/QD-TTg of the Government Chairman on mechanisms and policies for piloting investment in the Hanoi - Haiphong Expressway Project under the BOT contract form. The Decision provides detailed regulations on land clearance, project implementation organization, investment and capital recovery, urban, industrial, and service areas serving the project.
Đối tượng áp dụng
Vietnam Infrastructure Development and Financial Investment Corporation - Joint Stock Company (VIDIFI), People's Committees of Hanoi, Hai Phong, Hai Duong, Hung Yen provinces, Vietnam Development Bank, Vietnam Foreign Trade Bank, Ministry of Transport, Ministry of Finance, Ministry of Construction, State Acceptance Council.
Các điểm cốt lõi
- VIDIFI is the project investor of the Hanoi - Haiphong Expressway Project under the BOT contract form.
- Land clearance phase is carried out by the People's Committees of the provinces, which are authorized to tender resettlement and relocation works.
- Project capital contribution from Vietnam Development Bank (51%) and Vietnam Foreign Trade Bank (29%).
- The investor has the right to decide toll rates and operate services and technical infrastructure.
- VIDIFI is exempted from the obligation to guarantee the performance of the BOT contract.
- Develop new urban areas, industrial zones, and services along the expressway route.
🌐 Tác động xã hội từ văn bản này
- Create investment incentives and promote transportation infrastructure development, boost local economy.
- Reduce land clearance pressure on local authorities.
- Improve land use efficiency and generate revenue for project capital recovery.
❓ Câu hỏi thường gặp
What tasks does VIDIFI undertake?
VIDIFI has the right to organize evaluation, approve bidding plans, designate consultants and construction supervision, determine toll rates and operate services.
What is the capital contribution from banks for the project?
Vietnam Development Bank (VDB) contributes 51% of VIDIFI's charter capital, Vietnam Foreign Trade Bank (VCB) contributes 29%.
What obligations is VIDIFI exempted from?
VIDIFI is exempted from the obligation to guarantee the performance of the BOT contract.
How are urban, industrial, and service areas along the expressway route developed?
VIDIFI bears its own land clearance costs and is exempted from land use fees during the operation of these areas.
What is the duration of the project implementation?
The Decision takes effect from the date of signing and does not specify a specific completion deadline for the project.
Toàn văn
Pursuant to …;
On certain mechanisms and policies for pilot investment in the Highway Project
from Hanoi to Haiphong
_________________________
PRIME MINISTER
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to Decision No. 162/2002/QĐ-TTg dated November 15, 2002 of the Prime Minister approving the Master Plan for the Development of the Road Transport Industry in Vietnam until 2010 and with orientations until 2020;
Pursuant to Decision No. 412/QĐ-TTg dated April 11, 2007 of the Prime Minister approving the List of Investment Projects for Key and Essential Infrastructure Transportation Projects during the period up to 2020;
Considering the proposal of the Ministry of Planning and Investment (document No. 7406/BKH-KCHT&ĐT dated October 10, 2007) and of the Vietnam Development Bank (documents No. 2804/TTr-NHPT dated September 19, 2007 and No. 08/BC-NHPT dated November 9, 2007), and the content of the preliminary design review of the Highway Project from Hanoi to Haiphong by the Ministry of Transport (document No. 6040/BGTVT-KHĐT dated September 21, 2007),
Pursuant to …;
Article 1. The Vietnam Infrastructure Development and Financial Investment Corporation - Joint Stock Company (hereinafter referred to as VIDIFI) shall be the project sponsor of the Highway Project from Hanoi to Haiphong (hereinafter referred to as the Project) under the Build-Operate-Transfer (BOT) contract form.
- Route: The Project route is 105.5 kilometers long, passing through the provinces and cities: Hanoi (6km), Hung Yen (26.5km), Hai Duong (40km), Haiphong (33km):
+ Starting point: on the third ring road of Hanoi city, 1025 meters north of the northern bridge abutment of Thanh Tri Bridge, located in Thach Ban ward, Long Bien district, Hanoi.
+ End point: at the Dinh Vu Dam, Hai An district, Haiphong city.
- Construction scale:
+ Classification: expressway type A.
+ Design speed: 120 km/h
+ Number of lanes designed: 6 lanes.
+ Width of the road base: 35 meters.
During the technical design process, it is necessary to study the maximum use of overpasses instead of culverts for civilian purposes; design a reasonable bypass system to minimize the number of overpasses, ensuring the aesthetics of the expressway. The Ministry of Transport will guide VIDIFI to ensure the safe road corridor width according to regulations, planting a green belt on both sides of the road.
The project sponsor shall approve the investment project in accordance with current regulations.
Article 3. The Highway Project from Hanoi to Haiphong shall be implemented with the following pilot mechanism and policy:
1. Regarding land clearance
b) For works that must be relocated for land clearance (healthcare, education, water management, electricity, telecommunications, transportation...), resettlement works, allow the project sponsors of the sub-projects of land clearance and resettlement only to prepare economic and technical reports for construction projects, prepare one-step designs (technical design-construction) and be authorized to tender to units having the necessary conditions and capacity to perform consulting, construction, and equipment procurement contracts. The People's Committees of the aforementioned provinces and cities shall hand over the land to the project sponsor of the Highway Project from Hanoi to Haiphong in accordance with the project schedule, striving to complete before June 2008.
c) Assign the Ministry of Finance to lead together with the Ministry of Natural Resources and Environment to guide and inspect the implementation of compensation, support price, resettlement, land clearance projects, and compensation prices in border areas between provinces and cities in accordance with the provisions of the law. Relevant ministries shall fulfill their responsibilities for compensation, support, and resettlement in accordance with Article 46 of Decree No. 197/2004/NĐ-CP dated December 3, 2004.
d) While awaiting approval of the project, allow the People's Committees of the provinces and cities to proceed with land clearance projects along the route and cross-sections in the preliminary design already reviewed by the Ministry of Transport. The project sponsor shall urgently set boundary markers for land clearance and hand them over to the sponsors of the sub-projects of land clearance for implementation.
đ) Assign the Ministry of National Defense to direct competent agencies to develop plans and budgets for mine clearance work; select and introduce to the project sponsor units with sufficient capacity to carry out mine clearance work to ensure the project schedule and safety during implementation.
2. On the organization of implementing the Project
- Allow the Vietnam Development Bank (VDB) to use long-term raised capital and part of its charter capital to contribute 51% of the charter capital of VIDIFI, without affecting the performance of state development credit tasks managed by VDB.
- Allow the Vietnam Commercial Bank (VCB) to contribute 29% of the charter capital of VIDIFI.
b) Loan capital to implement the Project
- VDB and VCB arrange for VIDIFI to borrow with a ratio of 70% and 30%, respectively, of the total loan capital (including working capital) to implement the investment and operation of the Highway Project from Hanoi to Haiphong and other projects mentioned in Clause 3, Article 3 of this Decision. The amount and term of the loan shall be based on the approved project, with interest rates close to market rates. The loan capital of VDB shall be managed under a commercial loan mechanism and not considered as state development credit capital.
- VDB and VCB are exempted from reviewing the loan application documents of VIDIFI.
- Assign the Ministry of Finance to guarantee for VDB and VCB in lending to VIDIFI to implement the Project.
- VDB and VCB may raise funds domestically and internationally in accordance with the Law on Credit Institutions (including ODA funds if available) to lend to VIDIFI again on the principle that the budget does not need to subsidize interest rates; the Government guarantees loans if requested by foreign parties.
- The project sponsor shall be allowed to undertake the following actions:
+ Organize the review and approval of bidding plans, tender documents for construction and equipment procurement; review and approve the results of contractor selection, decide on handling situations arising during the bidding process in accordance with the law.
+ Appoint domestic and foreign Consulting firms to prepare Technical Design and total budget estimate (if applicable); review Technical Design and Total Budget Estimate (if applicable); manage project and supervise construction.
+ Organize international bidding for construction packages and equipment (the Investor must implement preferential treatment in international bidding as prescribed).
+ Decide on organizing limited bidding or direct international appointment for construction and equipment packages with complex technical features that are being implemented for the first time in Vietnam, and for packages financed by foreign loans with conditions requiring limited bidding or direct appointment.
- For construction contracts awarded through direct appointment (including contractors implementing small-scale land clearance projects as stipulated in point b, Clause 1, Article 3 of this Decision), when making payments, a saving of 5% of the approved budget estimate must be maintained.
- The Investor has the right:
+ To decide on toll rates for the Hanoi - Haiphong Expressway at different periods to ensure capital recovery while still attracting vehicle owners to use the expressway.
+ To operate services and technical infrastructure within the scope of the expressway and have exclusive rights to advertise along the Hanoi - Haiphong Expressway according to the provisions of the law.
+ To manage and collect tolls on National Highway 5 immediately upon its transfer back by the Ministry of Transport until the end of the BOT Project's operation period, with toll rates set by the Ministry of Finance. The Ministry of Transport will coordinate with the Ministry of Finance regarding the transfer of toll collection rights.
+ To adjust the total investment amount in cases of sudden changes in prices, raw materials, policies, and other objective reasons leading to higher costs than the approved total investment amount. The Ministry of Transport will consider and adjust the BOT contract term when there is a change in the total investment amount.
đ) Exempted from the obligation to provide performance guarantees for the BOT contract.
a) New urban areas:
b) Industrial zones:
c) Service and logistics areas serving the expressway at intersections: National Highway 10, Tan Vu, Route 353. The Investor shall bear the cost of land clearance compensation and be exempted from land use fees during exploitation. Investors of small-scale land clearance projects mentioned in point a, Clause 1, Article 3 shall be responsible for land clearance of service and logistics areas within their local jurisdiction.
VIDIFI is assigned to invest in constructing infrastructure for new urban areas, industrial zones, and service and logistics areas along the expressway according to the law and in accordance with the approved planning by competent authorities. The Investor must fulfill current obligations regarding land use.
- Hanoi City: A new urban area in Gia Lam and another urban area in Hanoi with a total area of approximately 400 hectares.
- Hai Phong City: A new urban area in Trang Cat, Quang Trung (150 hectares),
- Hai Duong Province: An urban area in Gia Loc District.
- Hai Phong City: Industrial Zone Hung Dao (150 hectares), Can Cuu (100 hectares).
- Hung Yen Province: Industrial Zones Tan Dan, Tho Hoang, Ly Thuong Kiet.
- Hai Duong Province: Industrial Zones Hoang Dieu, Hung Dao.
The investment in the above industrial zones by VIDIFI is not bound by the criterion that the total area of leased local industrial zones should be greater than or equal to 60% of the total area of existing industrial zones.
The People's Committee of Hanoi City will coordinate with VIDIFI on the land fund for the Gia Lam Urban Area, in accordance with the planning.
The People's Committees of the aforementioned localities will submit supplementary planning for the urban areas, industrial zones, and service areas as stipulated in Article 3, in compliance with regulations.
Article 4. Assignment of Tasks
1. VDB and VCB instruct the Investor to promptly complete the Investment Project, preparatory works for construction, and the implementation process, ensuring the project schedule.
2. The Ministry of Transport is the authorized state agency to sign the BOT Contract; establish an inter-ministerial working group to coordinate negotiations according to current regulations; guide the Investor on specialized issues during the project implementation. The Ministry of Transport will base the value of infrastructure projects determined by the Ministry of Finance under Clause 3 of this Article, the value of transferring toll collection rights, and revenue from tolls on National Highway 5 during the handover period to VIDIFI to determine the duration of the BOT Contract.
3. The Ministry of Finance guides VDB in fulfilling capital contributions as stipulated in point a, Clause 2, Article 3 of this Decision; take the lead; and coordinate with the Ministry of Natural Resources and Environment and the People's Committees of relevant provinces and cities to determine land prices according to the law, serving as the basis for the Investor to fulfill financial obligations for the land area of infrastructure projects as stipulated in Clause 3, Article 3; represent the Government in guaranteeing loans of VDB and VCB as stipulated in point b, Clause 2, Article 3 of this Decision.
4. The Ministry of Construction leads and coordinates with the Ministry of Planning and Investment and the People's Committees of relevant provinces and cities to submit supplementary planning for the urban areas as stipulated in Clause 3, Article 3.
5. The Ministry of Planning and Investment directs the Investor in the contractor selection process, ensuring strict procedures based on proposals from the People's Committees of relevant localities, and submit supplementary planning for the industrial zones as stipulated in Clause 3, Article 3.
6. The Ministry of Natural Resources and Environment coordinates with the Ministry of Finance to determine land prices as stipulated in Clause 3 of this Article.
7. The State Bank of Vietnam guides VCB in fulfilling capital contributions as stipulated in point a, Clause 2, Article 3 of this Decision.
8. The State Acceptance Council for Construction Projects conducts acceptance inspections of the Hanoi - Haiphong Expressway according to current regulations.
9. The People's Committees of the provinces and cities: Hanoi, Hai Phong, Hai Duong, Hung Yen shall carry out land clearance to ensure the progress of the project; prioritize land funds for VIDIFI to invest in infrastructure for urban areas, industrial zones, and service areas to generate revenue for capital recovery from the project.
10. Relevant ministries and localities shall perform tasks assigned in Article 3 of this Decision.
Article 5. This Decision takes effect from the date of signature.
The Ministers, Heads of agencies at the ministerial level, Heads of government agencies, Chairpersons of People's Committees of the cities: Hanoi, Hai Phong, Hai Duong, Hung Yen; General Directors of the Vietnam Development Bank, the Vietnam Eximbank, VIDIFI, and relevant agencies shall be responsible for implementing this Decision.
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