Resolution No. 187/2025/QH15 on the investment orientation for the Lao Cai - Hanoi - Haiphong Railway Project

RESOLUTION

On Investment Orientation Construction Project Lào Cai - Hanoi - Haiphong Railway Line

OF THE NATIONAL ASSEMBLY

 On the basis of the Constitution of the Socialist Republic of Vietnam;

Pursuant to the Railway Law No. 06/2017/QH14 amended and supplemented by Law No. 35/2018/QH14 and Law No. 16/2023/QH15;

Pursuant to the Public Investment Law No. 58/2024/QH15;

Pursuant to Resolution No. 158/2024/QH15 dated November 12, 2024 of the National Assembly on the Plan for Economic and Social Development in 2025;

After considering Proposal No. 69/TTr-CP dated February 8, 2025 of the Government, Report No. 3526/BC-UBKT15 dated February 11, 2025 of the National Assembly's Economic Committee on the review and comments, Report No. 1193/BC-UBTVQH15 dated February 18, 2025 of the Standing Committee of the National Assembly on the absorption, revision, and explanation regarding the investment orientation of the Construction Project of the Lào Cai - Hà Nội - Hải Phòng Railway Line, related documents, and opinions of National Assembly deputies;

RESOLUTION:

Article 1

Decides the investment orientation of the Construction Project of the Lào Cai - Hà Nội - Hải Phòng Railway Line (hereinafter referred to as the Project).

Article 2

1. Objectives:

To construct a new modern railway line that meets domestic transportation needs and international transit between Vietnam and China; to create a significant driving force for rapid and sustainable economic and social development, leveraging advantages along the Lào Cai - Hà Nội - Hải Phòng economic corridor, ensuring effective connectivity with domestic and international railway networks, aligning with national defense, security, and international integration, environmental protection, and climate change response; to promote the process of industrialization and modernization of the country; contributing to realizing the goals and tasks set forth in the Party’s documents at the 13th National Congress and relevant resolutions of the Party.

2. Scope, Scale, and Form of Investment:

a) Scope: starting point at the rail connection across the border (Lào Cai Province), ending point at Lạch Huyện Station (Haiphong City); main line length approximately 390.9 km; branch line length approximately 27.9 km; passing through nine central provinces and cities including Lào Cai, Yên Bái, Phú Thọ, Vĩnh Phúc, Hà Nội, Bắc Ninh, Hưng Yên, Hải Dương, and Haiphong;

b) Scale: new single-track construction with a gauge of 1,435 mm; common transport of passengers and goods; designed speed of 160 km/h for the main line from Lào Cai New Station to Nam Haiphong Station, designed speed of 120 km/h for the section through the central area of Hà Nội, and designed speed of 80 km/h for the remaining sections;

c) Form of Investment: public investment.

3. Technology: applying rail-based railway technology with electrification; ensuring modernity, synchronization, safety, and efficiency.

4. Land Acquisition Area, Preliminary Total Land Requirement, and Number of People Resettled:

a) Land Acquisition Area: land acquisition will be carried out according to the planning scale (double track for the main line from Lào Cai New Station to Nam Haiphong Station and single track for the remaining sections).

Preliminary total land requirement is approximately 2,632 hectares, including: paddy fields about 716 hectares (of which irrigated rice fields for two or more crops about 709 hectares), forestry land about 878 hectares, other types of land as prescribed by the Land Law about 1,038 hectares;

b) Preliminary number of people resettled is approximately 19,136.

5. Preliminary Total Investment and Sources of Funds:

a) The preliminary total investment of the Project is VND 203,231 billion (two hundred and thirty-two hundred and thirty-one billion dong);

b) State budget funds allocated in the medium-term public investment plans and other lawful sources of funds.

6. Implementation Schedule: feasibility study report preparation from 2025, striving to complete the Project no later than 2030.

Article 3

The Project shall apply special mechanisms and policies as follows:

1. During the implementation of the Project, The Prime Minister shall decide:

a) Issuing government bonds for the Project to supplement the shortfall compared to the approved annual state budget estimates and public investment plan without increasing the state budget deficit;

b) Mobilizing official development assistance (ODA) funds and preferential foreign loans to implement the Project without having to prepare a project proposal using ODA and preferential foreign loans; applying according to the regulations of the foreign financier where Vietnamese law does not have such provisions or has different provisions;

c) Using annual central government revenue surplus and expenditure savings (if any) and other lawful sources of funds for the Project when the annual state budget allocation does not meet the schedule. The use of revenue surplus and expenditure savings does not need to follow the priority order stipulated by the State Budget Law.

2. The Project does not need to undergo capital balanceability assessment as required by the Public Investment Law.

3. Regarding the development and exploitation of land funds and additional value from adjacent areas around railway stations:

a) Provincial People's Committees organize the establishment and adjustment of detailed planning around railway stations to determine the location, boundaries, and area of land acquisition. In the adjacent areas, provincial people's committees may decide on planning indicators, architectural standards, technical infrastructure, social infrastructure, spatial requirements, and other land use requirements that differ from national technical standards but must ensure compliance with technical infrastructure and social infrastructure systems; adjust the functions of land plots in the adjacent areas to exploit land funds and additional value from land;

b) For areas already having urban and rural planning approved, if new proposals are made during the establishment and adjustment of planning around railway stations that differ from the previously approved planning content, the approval decision of the planning around railway stations shall replace the previous approved planning adjustment procedures;

c) Provincial People's Councils decide to use local budgets to implement independent public investment projects for compensation, support, and resettlement work according to the planning around railway stations to create land funds for urban development as prescribed by law.

d) As for the amount of revenue derived from exploiting the land fund in the vicinity of railway stations after deducting related costs as prescribed by law, the provincial authority shall retain 50% and remit 50% to the central budget to balance the state budget for investment in the Project.

4. On the exploitation of mineral group IV and common construction materials belonging to mineral group III as stipulated by the Law on Geology and Minerals (hereinafter referred to as common construction materials) serving the Project:

a) For mines of common construction materials that have been granted permits, are currently operating, still have remaining extraction periods or have exceeded their extraction periods but still have reserves and have not yet completed the procedures for mine closure, the Provincial People's Committee shall decide:

- Adjusting the extraction volume, extending the extraction period of the mine, increasing capacity according to the needs of the Project without having to go through the procedure to adjust the provincial planning; no need to establish an investment project for mineral exploitation adjustment to implement the procedures and formalities for deciding or approving the investment orientation; no need to carry out the procedures for reviewing and approving the environmental impact assessment report and issuing an environmental permit and registering the environment, but must ensure requirements for labor safety and environmental protection during exploitation;

- Cease increasing the extraction capacity after providing enough for the Project;

b) For mines of common construction materials included in the survey dossier for construction materials serving the Project but have not yet been issued with an exploitation permit:

- The Provincial People's Committee shall decide to adjust and supplement these mines into the geological and mineral management plan in the provincial planning without having to go through the procedure to adjust the provincial planning; use the reserve funds of the Project to organize land recovery, compensation, support, and resettlement in the mining area after conducting surveys and evaluations of reserves and quality according to the Project's requirements and other provisions of the law on geology and minerals to grant the mines to organizations and individuals for mineral exploitation serving the Project; manage and supervise the implementation process and post-completion management of the Project;

- Organizations and individuals exploiting minerals serving the Project shall be granted a permit for common construction material exploitation without having to auction the right to exploit minerals; for common construction material mines already included in the plan for auctioning the right to exploit minerals, they shall be adjusted and removed from the auction plan to issue an exploitation permit without having to auction the right to exploit minerals; the issuance of exploitation permits shall be carried out similarly to the issuance of exploitation permits for mineral group IV as stipulated in point a, Clause 2, Article 72 and points c, d, Clause 2, Article 73 of the Law on Geology and Minerals;

- Organizations and individuals exploiting minerals serving the Project shall be responsible for paying taxes, fees, and other financial obligations as prescribed by law;

- The exploitation and use of minerals shall be carried out until the completion of the Project and must comply with management and supervision under the law;

c) In cases where all reserves of minerals at mines included in the survey dossier for construction materials serving the Project have been exhausted but still cannot meet the demand for construction materials supply for the Project, the project investor shall organize surveys and propose the Provincial People's Committee to decide to supplement new mines into the survey dossier for construction materials serving the Project; the management, exploitation, and use of minerals at newly supplemented mines shall be implemented as prescribed in point b of this clause;

d) The Provincial People's Committee shall base on actual conditions to examine and guide organizations and individuals exploiting minerals serving the Project to self-assess the impact on riverbeds, banks, and beaches for sand and gravel mines located in sections of rivers and streams with high risks of landslides, ensuring compliance with regulations on sand and gravel management and riverbed, bank, and beach protection; inspect and control the use of minerals in accordance with the law;

5. On solid waste disposal sites and surface soil layers of dedicated paddy fields:

a) The Provincial People's Committee shall decide to recover land, compensate, support, and resettle areas within solid waste disposal sites in the Project survey dossier and hand over the site to contractors for disposing of solid waste from the Project;

b) The Provincial People's Committee shall organize the management of solid waste disposal sites of the Project in accordance with laws on land, environmental protection laws, and other relevant laws;

c) The Provincial People's Committee shall organize the development of plans for using surface soil layers of dedicated paddy fields recovered from the Project. The development of plans for using surface soil layers of dedicated paddy fields recovered from the Project shall be carried out in accordance with laws on crop cultivation;

6. Development of science, technology, and human resource training for the Project:

a) Organizations and individuals participating in scientific and technological activities serving the Project shall apply the following policies:

- Organizations and individuals primarily responsible for scientific and technological activities serving the Project shall decide on limited bidding, direct award, and ordering to select contractors supplying services and goods;

- Enterprises shall enjoy incentives as high-tech enterprises as prescribed by laws on high technology during the period of implementing scientific and technological tasks serving the Project;

- Income of enterprises and income of individuals from implementing scientific and technological tasks serving the Project shall be exempted from tax;

b) Organizations and individuals participating in training and developing high-tech human resources serving the Project shall enjoy preferential policies as prescribed by laws on high technology;

7. On industrial development and technology transfer:

a) Contractors must prioritize the use of products, goods, and services that can be produced and supplied domestically;

b) For international tender packages, tender documents and request for proposal documents must include the bidder's commitment regarding technology transfer and training of human resources for Vietnamese partners to take charge of management, operation, exploitation, maintenance, and gradually master the technology.

8. Regarding the authority to decide on adjusting the investment orientation of the Project and adjusting the Project:

a) During periods when the National Assembly is not in session, the Government shall submit to the Standing Committee of the National Assembly for consideration and decision on adjusting the investment orientation of the Project, except in cases where the total investment cost of the Project is increased;

b) The Minister of Construction shall decide on adjusting the Project in the following cases: when adjusting the planning directly affects the Project; due to the impact of natural disasters, fires, or other force majeure factors after the expiration of the Project's insurance period; if the price index during the implementation of the Project exceeds the price index used to calculate the contingency reserve in the total investment cost of the Project.

9. Railway station construction works and bridge construction works under the Project are not required to hold architectural design competitions.

10. Regarding compensation, support, and resettlement work:

a) The Vietnam Electricity Corporation shall take the lead in organizing the implementation of sub-projects or multiple sub-projects related to the relocation of power facilities with voltage of 110 kV or higher;

b) Provincial People's Committees through which the Project passes shall establish resettlement areas for the Project based on preliminary design documents in the Feasibility Study Report approved by the National Assembly for investment orientation; arrange temporary accommodation for people whose land has been expropriated, ensuring the stability of their lives;

c) The head of the competent authority may decide to apply direct award procedures for consultancy, non-consultancy, and construction contracts implementing compensation, support, and resettlement work. The procedures for direct award shall be carried out in accordance with the provisions of the Law on Bidding;

d) Allow provinces and centrally governed cities to pre-draw local budget funds to implement compensation, support, and resettlement work for the Project.

11. Regarding changing the purpose of forest land use and temporarily using forests:

a) The policy of changing the purpose of forest land use to another purpose shall be implemented at the feasibility study stage of the Project. The proposal for the policy of changing the purpose of forest land use to another purpose is part of the feasibility study report of the Project. The Decision approving the Project shall also be the Decision on the policy of changing the purpose of forest land use to another purpose;

b) The Government shall stipulate the temporary use of forests and the return of forests to implement temporary construction works serving the Project.

12. Regarding the establishment of the total investment cost and tender estimate:

a) For items of work that exist but are not suitable or not included in the construction cost norms system, unit prices issued by the competent authority, the Project shall apply the construction cost norms and construction project costs of similar railway projects worldwide and convert them to the calculation time point;

b) For items of work that cannot be determined according to the provisions of point a of this clause, it is permissible to determine the costs according to the investment capital rate of similar railway projects worldwide and convert them to the calculation time point;

c) For cost items not provided for in Vietnamese law or already provided for in Vietnamese law but not suitable for similar railway projects with similar implementation conditions, cost items similar to those of railway projects with similar implementation conditions worldwide shall be applied.

13. Mechanisms and policies to ensure anti-corruption, thrift, and elimination of negative practices:

a) When selecting contractors for EPC packages and consultancy packages using foreign contractors, the evaluation team shall include representatives from the Ministry of Defense, the Ministry of Public Security, the Ministry of Finance, the Government Inspectorate, and the State Audit Office in addition to the members specified by the Law on Bidding;

b) The investor shall be responsible for submitting the completed total investment cost report, which has been reviewed by the investment decision-making level, to the State Audit Office for auditing to serve as the basis for approving the Project. The State Audit Office shall send the audit results to the investment decision-making level within a maximum of 15 days from the date of receipt of all requested audit documents.

14. In cases where the preparation, review, and approval of the Project contain contents different from relevant plans, the Project may be approved without having to go through the procedure to adjust the plan.

After the Project is approved, relevant plans must be promptly reviewed, adjusted, updated, and published.

15. Permitting the investor to simultaneously carry out the preparation, review, and approval of the Feasibility Study Report, detailed design after basic design, tender invitation documents, and request documents.

16. Permitting the application of direct award procedures for packages under the Project.

17. During periods when the National Assembly is not in session, the Government shall submit to the Standing Committee of the National Assembly for consideration and decision on supplementing and adjusting special mechanisms and policies for the Project as stipulated in this Article.

18. The Government shall issue a Decree to provide detailed regulations on the content, procedures, and authorities for implementing special mechanisms and policies of the Project.

Article 4

1. The Government shall be responsible to the National Assembly for:

a) Organizing the implementation and managing the investment in the Project in accordance with this Resolution and relevant laws; ensuring the Project is completed on schedule and meets quality standards;

b) Managing and using capital and resources efficiently, preventing corruption, waste, and negative practices; providing full information so that the public understands and agrees with the investment policy of the Project;

c) Directing the organization of management, operation, exploitation, and maintenance to ensure safety and efficiency.

2. During the operation and exploitation phase, based on proposals from localities, the Prime Minister shall decide on additional investments for some stations to meet transportation needs.

3. Localities and the Vietnam Electricity Corporation shall be responsible to the Government for ensuring the progress and quality of compensation, support, and resettlement work and the sub-projects assigned to organize and implement.

4. Establishing a specialized project management board to ensure sufficient capacity to manage the Project's investment.

5. The Vietnam Railway Corporation shall take over the management and maintenance of infrastructure and organize operations and exploitation; mobilize other enterprises to invest in equipment; continue restructuring and building a unified, modern, and efficient infrastructure management model; participate in developing the railway industry.

6. The People's Committee of Haiphong City is responsible for mobilizing resources to invest in the branch line connecting the Nam Dong Son station in the Project, ensuring the Nam Dong Son wharf operates in tandem with these facilities; it bears full responsibility for the investment effectiveness of the branch line connecting the Nam Dong Son station, ensuring no loss or waste occurs.

Article 5

1. The Vietnam Fatherland Front and its member organizations, within their respective duties and powers, are responsible for promoting and mobilizing the people to support the investment policy of the Project, and monitoring the implementation of the Project according to this Resolution.

2. The Standing Committee of the National Assembly, the Economic and Financial Committee, the Ethnic Council, other Committees of the National Assembly, Delegations of the National Assembly, and National Assembly deputies, within their respective duties and powers, monitor the implementation of the Project according to this Resolution.

3. The State Audit Agency, within its respective duties and powers, audits the implementation of the Project according to this Resolution./.

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This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, the 15th term, the 9th extraordinary session on February 19, 2025.