Decision No. 17/2022/QĐ-TTg on the delegation of implementation of investment projects and project components for expressway sections under the Public Investment Form within the Program for Economic and Social Recovery and Development

Pursuant to …;

Delegation of authority to implement projects and project components for expressway sections under public investment form within the Economic and Social Recovery and Development Program sections of expressways under the form of public investment belonging to the Program for Economic and Social Recovery and Development

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 ||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Organization of Local Administration dated June 19, 2015;

Pursuant to the Law Amending and Supplementing One Article of the Law on the Organization of the Government and the Law on the Organization of Local Administration dated November 22, 2019; number Pursuant to the Law on State Asset Management dated June 21, 2017;

Pursuant to the Law on Legislative Regulatory Documents dated June 22, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Legislative Regulatory Documents dated June 18, 2020;

On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

Pursuant to the Law on Public Investment dated June 13, 2019;

Pursuant to the State Budget Law dated June 25, 2015;

Pursuant to the Law on Construction dated June 18, 2014; the Law Amending and Supplementing Certain Provisions of the Law on Construction dated June 17, 2020;

Decision No. 43/2022/QH15

Pursuant to Resolution number dated January 11, 2022 of the National Assembly on fiscal and monetary policies supporting the Economic and Social Recovery and Development Program; Pursuant to Resolution No. 58/2022/QH15 dated June 16, 2022 of the National Assembly on the policy orientation for the investment project of constructing the first phase of the Khanh Hoa - Buon Ma Thuot Expressway;

Pursuant to Resolution No. 59/2022/QH15 dated June 16, 2022 of the National Assembly on the policy orientation for the investment project of constructing the first phase of the Bien Hoa - Vung Tau Expressway;

Pursuant to Resolution number Pursuant to Resolution No. 60/2022/QH15 dated June 16, 2022 of the National Assembly on the policy orientation for the investment project of constructing the first phase of the Chau Doc - Can Tho - Soc Trang Expressway;

Pursuant to Resolution number The Prime Minister issues this Decision on delegation of authority to implement projects and project components for expressway sections under public investment form within the Economic and Social Recovery and Development Program.

At the proposal of the Minister of Planning and Investment;

The Prime Minister issues the Decision on分级实施项目、子项目的权限 子项目 investing in sections of expressways under the form of public investment belonging to the Program for Economic and Social Recovery and Development.

Article 1. Scope of Regulation, Subject Matter, and Time of Application

2. Applicability:

Projects and project components for expressway sections under public investment form within the Economic and Social Recovery and Development Program as prescribed in Resolution No. 43/2022/QH15 dated January 11, 2022 of the National Assembly on fiscal and monetary policies supporting the Economic and Social Recovery and Development Program (hereinafter referred to as the Program), except for projects and project components managed by the Ministry of Transport as the main managing agency.

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

a) People's Committees of provinces delegated to be the main managing agencies.

b) The Ministry of Transport, relevant ministries and agencies.

c) Organizations and individuals participating in the preparation and implementation of investment construction projects and project components for expressway sections under public investment form within the Program.

3. Time of Application:

In accordance with the time of application stipulated in Clause 3, Article 5 of Resolution No. 43/2022/QH15 dated January 11, 2022 of the National Assembly.

Article 2. Principles and Requirements of Delegation

1. Full delegation to provincial People's Committees that propose and have sufficient capacity and experience in management after fully utilizing the capacity of the Ministry of Transport.

2. Expressways are divided into project components and delegated to provincial People's Committees as the main managing agencies according to administrative boundaries. In cases where boundaries or administrative boundaries lie between positions of bridge, tunnel, or intersection works, the entire bridge, tunnel, or intersection work will belong to one project component.

3. Requirements for provincial People's Committees delegated to be the main managing agencies:

a) To allocate investment capital (including in cases of increased total investment cost) to complete the project on schedule.

b) To ensure sufficient capacity and experience in management or take measures to ensure sufficient capacity and experience in management to implement projects and project components in accordance with the required progress and quality as stipulated by law.

c) To bear full responsibility for implementing the project to ensure progress, quality, effectiveness, feasibility, and synchronization.

Article 3. Content of the分级化

The provincial People's Committee shall be the managing agency for projects and project components under the Program, which are highway investment projects implemented through public investment according to the Decision attached hereto.

Article 4. Organization of Implementation

1. Responsibilities of the Ministry of Transport:

a) Transfer the feasibility study report files of three highway construction investment projects: Khanh Hoa - Buon Ma Thuot Phase 1, Bien Hoa - Vung Tau Phase 1, Chau Doc - Can Tho - Soc Trang Phase 1, which have been approved by the National Assembly at its third session of the 15th term, and one highway construction project: Caolanh - An Huu Phase 1, which has been approved by the Prime Minister, to the provincial People's Committees designated as the managing agencies for these projects to receive and implement subsequent steps, guide, and coordinate with the managing agencies in preparing for the investment projects and project components.

b) Provide technical support, cooperate to resolve difficulties and obstacles; enhance professional capacity (general organizational experience, individual experience, and necessary certificates...) for localities to ensure compliance with the conditions for decentralization stipulated in Resolution No. 43/2022/QH15 of the National Assembly; guide, inspect, supervise, and urge localities designated as managing agencies to improve their management and professional capabilities.

c) Establish, review, approve investment decisions, and organize the implementation of project components not decentralized to the provincial People's Committee as the managing agency in accordance with the law.

d) Lead the division of projects and project components with administrative boundaries located between bridge, tunnel, or intersection positions to ensure synchronous, effective, feasible implementation, and alignment with the localities' capabilities and resources.

đ) Implement state management tasks regarding the review of basic design; specify the organization of maintenance, management, and operation of completed works according to authority; inspect and supervise compliance with construction standards, planning, investment, and construction plans, and synchronization with the existing transportation network.

e) Serve as the focal point for monitoring, guiding, inspecting, and reporting on the implementation of functions and tasks assigned to ministries and equivalent agencies under Article 163 of the Construction Law.

g) Lead the submission of reports to competent authorities for consideration and decision on adjusting investment policies for national key projects when factors arise necessitating such adjustments.

h) Comply with the provisions of the Public Investment Law regarding the adjustment of medium-term and annual public investment plans funded by the state budget: propose adjustments to the medium-term public investment plan from 2021 to 2025 from the Ministry of Transport to the provincial People's Committees designated as managing agencies, submit to the Ministry of Planning and Investment for consolidation, and report to the Government for submission to the Standing Committee of the National Assembly for consideration and decision.

i) Receive completed works after the managing agency completes the construction and final settlement of the project to manage, operate, utilize, and maintain them in accordance with regulations.

2. Responsibilities of the Ministry of Planning and Investment:

a) Acting on behalf of the Prime Minister, announce the list and estimated capital for each project and component project under the Program for the Ministry of Transport and the managing agencies to complete procedures and implement investments in accordance with regulations.

b) Comply with the provisions of the Public Investment Law regarding the adjustment of medium-term and annual public investment plans funded by the state budget: consolidate proposals for adjusting the medium-term public investment plan from 2021 to 2025 between the Ministry of Transport and the provincial People's Committees designated as managing agencies, and submit to competent authorities for consideration and decision.

c) Monitor and inspect the allocation and implementation of projects under the Program.

3. Responsibilities of the Ministry of Finance:

a) Ensure resource mobilization and urge disbursement of projects under the Program.

b) Comply with the provisions of the Public Investment Law regarding the adjustment of medium-term and annual public investment plans funded by the state budget: cooperate with the Ministry of Planning and Investment in reviewing proposals for adjusting the medium-term public investment plan from 2021 to 2025 between the Ministry of Transport and the provincial People's Committees designated as managing agencies.

c) Coordinate with other ministries and localities in resolving issues related to project implementation.

d) Guide the Ministry of Transport and localities in completing project settlements.

4. Responsibilities of the Ministry of Natural Resources and Environment:

Guide or request competent authorities to guide compensation, support, and resettlement when land is reclaimed by the State involving multiple central cities and provinces in cases where the provincial People's Committee is designated as the managing agency to implement investment projects decided by the National Assembly and the Prime Minister.

5. Responsibilities of the Ministry of Construction:

 Implement assigned functions and tasks under Article 162 of the Construction Law and guide managing agencies to ensure all conditions for construction activities during the implementation of projects and project components.

6. Responsibilities of the provincial People's Committee designated as the managing agency:

a) Implement assigned functions and tasks under Article 164 of the Construction Law; fulfill the functions and tasks of the designated managing agency and inspection, supervision, and audit mechanisms to prevent policy exploitation, group interests, waste, and loss.

b) Bear full responsibility for personnel establishment, ensuring sufficient capability and experience of the Project Management Board or project management consultants, meeting the conditions for decentralization stipulated in Resolution No. 43/2022/QH15 of the National Assembly and committed documents; comply with construction laws and other relevant regulations; bear full responsibility for proposing the Prime Minister to decide on decentralizing the provincial People's Committee as the managing agency in accordance with principles and requirements stipulated in Article 2 of this Decision.

c) For the bridge project over the Day River connecting Ninh Binh Province and Nam Dinh Province on the Ninh Binh - Nam Dinh - Thai Binh - Haiphong expressway, the People's Committee of Nam Dinh Province shall take the lead and coordinate with relevant agencies to establish, review, submit for approval or approve adjustments to the investment orientation of the project on the aforementioned expressway at the competent authority level.

d) For the Hoa Binh - Mu Cang Chai expressway project (Km19 - Km53), the People's Committee of Hoa Binh Province shall take the lead and coordinate with relevant agencies to establish, review, submit for approval or approve adjustments to the investment orientation of the project at the competent authority level.

đ) Based on the approved overall project investment orientation, the managing agency shall receive files from the Ministry of Transport, proceed to establish, review, submit for approval or approve investment decisions for projects and component projects according to regulations.

e) Organize implementation to ensure quality, progress, compliance with legal provisions; approve final accounts for projects and component projects under their classification after completion, send the decision approving the final accounts of completed projects to the Ministry of Transport for consolidation and reporting on the results of approving the total investment capital of the entire project; transfer management, operation, and maintenance to the Ministry of Transport according to regulations.

g) Allocate sufficient investment capital as committed to complete projects and component projects on schedule. In cases where provincial People's Committees act as managing agencies and increase the total investment amount compared to the approved total investment amount by the competent authority, the provincial People's Committee shall be responsible for allocating local government budget funds and other lawful sources of funding to complete the projects and component projects according to regulations. Specifically, for the three highway construction investment projects: Khanh Hoa - Buon Ma Thuot phase 1, Bien Hoa - Vung Tau phase 1, Chau Doc - Can Tho - Soc Trang phase 1, they shall be implemented in accordance with Clause 4, Article 3 of Resolutions No. 58/2022/QH15, No. 59/2022/QH15, and No. 60/2022/QH15 dated June 16, 2022 of the National Assembly.

Article 5. Effective Date

1. This Decision shall take effect from the date of issuance.

2. The Minister, Head of a ministerial-level agency, and Chairmen of Provincial People's Committees assigned to manage and implement investment projects and component projects of sections of expressways under public investment form within the Program shall be responsible for implementing this Decision.