Resolution No. 189/2025/QH15 on certain special mechanisms and policies for investment in constructing the Ninh Thuan Nuclear Power Project

RESOLUTION

On certain special mechanisms and policies for investment in construction

Nuclear Power Project in Ninh Thuan

OF THE NATIONAL ASSEMBLY

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

Pursuant to the Law on the Organization of the National Assembly No. 57/2014/QH13, as amended and supplemented by Law No. 65/2020/QH14 and Law No. 62/2025/QH15;

Pursuant to Resolution No. 174/2024/QH15 dated November 30, 2024 of the National Assembly on the Eighth Session of the Fifteenth National Assembly;

After considering the Report No. 74/TTr-CP dated February 8, 2025 of the Government and the Report No. 3247/BC-UBKHCNMT15 dated February 13, 2025 of the Committee for Science, Technology and Environment of the National Assembly reviewing the Government's report on special mechanisms and policies for the construction of the Ninh Thuan nuclear power plant and the opinions of the National Assembly deputies;

RESOLVES:

Article 1. Scope of Regulation

This Resolution stipulates certain special mechanisms and policies for investment in the construction of the Ninh Thuan Nuclear Power Project, including Ninh Thuan Nuclear Power Plant 1, Ninh Thuan Nuclear Power Plant 2, and component projects (hereinafter referred to as the Project) and certain special mechanisms and policies applicable to Ninh Thuan Province to implement the Project.

Article 2. Applicability

1. State agencies, Ninh Thuan Province;

2. Project investors, units assigned the task of preparing the project;

3. Other organizations and individuals related thereto.

Article 3. Special Mechanisms and Policies

The Project shall apply the following special mechanisms and policies:

1. Simultaneously negotiate with partners who have signed international treaties or with other partners to sign international treaties on cooperation in constructing and providing credit for implementing the Project, concurrently with the process of adjusting investment policies and approving the investment project.

2. Selection of investors and contractors

a) The Prime Minister assigns the investor to implement the projects;

b) Apply the simplified tendering procedure for turnkey contracts for the main plant construction with contractors under the international treaty. The scope of work of the turnkey contract includes works as prescribed by laws on construction and establishing approval documents for site selection, purchasing insurance for the entire scope of implementation of the contract (permitted to purchase insurance from foreign insurance companies without branches licensed to operate in Vietnam), supplying nuclear fuel, operating, and maintaining the plant for five years from the date the project is accepted for use;

c) Apply the simplified tendering procedure for important consulting packages during the investment preparation phase and project implementation, including: preparing and reviewing feasibility studies; assisting the investor in negotiating, signing, and managing turnkey contracts; reviewing site approval documents; reviewing feasibility studies for construction projects, technical designs, construction drawings, and specialized reports as prescribed by relevant laws; project management and construction supervision consulting;

d) Apply the simplified tendering procedure to review technology, safety, security, and nuclear regulatory inspections during the construction phase of the Project based on effectively utilizing domestic and international experts and organizations;

đ) The procedures and processes for simplified tendering are carried out in accordance with the provisions of the law on bidding.

3. Implementation Procedures

a) Simultaneously with the negotiation of international treaties and turnkey contracts, including:

i) Preparing and reviewing feasibility studies;

ii) Surveying, reviewing, updating, and completing site approval documents, feasibility study reports for construction projects, and specialized reports as prescribed by relevant laws;

b) Implementing tasks before deciding to construct the Project, including:

i) Surveying, preparing, reviewing, and approving technical designs for construction projects and specialized reports as prescribed by relevant laws;

ii) Clearing bombs, mines, and handling chemical toxins;

iii) Implementing earthwork and foundation filling in the main plant area, including surveying, preparing, reviewing, approving construction drawings and project cost estimates in one-step design; selecting contractors and initiating construction. The investor reviews and approves construction drawings and project cost estimates;

iv) Constructing construction electricity infrastructure, construction water supply, and the investor's management office at the construction site; monitoring, measuring, communication, and transportation systems connecting to the plant.

4. Applying standards, regulations, and technical guidelines proposed by partners for the Project and ensuring that the content applied is appropriate to Vietnamese conditions, not lower than Vietnamese standards (if any) and consistent with IAEA safety and security standards.

5. The Prime Minister decides to allow the application of rates and unit prices based on negotiations with partners implementing the Project.

6. The investor is not required to follow procedures to obtain approval from state-owned asset representatives for project investment content, funding arrangements, and collateral for loans according to the Law on Management and Use of State Capital for Production and Business in Enterprises.

7. Financial Plan and Funding Arrangements

a) Negotiate with foreign implementing partners to arrange funding for the Project according to the Project's capital needs and commitments from foreign sponsors; permitted to apply foreign sponsor regulations where Vietnamese law does not provide or differs from foreign sponsor regulations; the investor can borrow and meet the conditions for loan rescheduling through a non-risk-bearing rescheduling agency, without having to establish a proposal for ODA and preferential foreign loan projects. During the Project implementation, the Prime Minister may decide to use additional revenue, budget savings, and other lawful sources for the Project if loan agreement negotiations fail or the loan size is insufficient.

b) The investor is permitted to arrange the counterpart funds from loan capital, corporate bond capital, rescheduled government bond loans, government project bonds, and government-guaranteed bonds with the conditions for rescheduling loans according to the borrowing conditions of the bond issuance, the project's debt repayment capacity, and the provisions of the Public Debt Management Law.

c) Domestic commercial banks are exempted from applying the regulations on the total credit outstanding limit for investors and related parties as stipulated in Clause 1, Article 136 of the Credit Institutions Law when providing loans exceeding the implementation of the counterpart capital; this loan amount will not be included in the total credit outstanding limit of the banks for the investor as prescribed in Clause 3, Article 136 of the Credit Institutions Law to avoid affecting the financing arrangements for other projects of the investor.

d) The outstanding loan amount and bond debts related to the Project (including the construction and operation phases) shall not be counted in calculating the debt-to-equity ratio of the investor to avoid affecting the financing arrangements for other investment projects of the investor.

đ) The Prime Minister decides to increase the charter capital of the investor from the revaluation of depreciated assets of BOT power plants that have been handed over and multi-purpose hydropower plants to implement the Project with additional capital equivalent to the level of capital of national key projects.

e) Competent authorities and agencies authorized to reschedule loans are not required to conduct the assessment procedures for the conditions of the investor to obtain rescheduled loans when providing ODA loans and preferential foreign loans as stipulated in Clause 3, Article 36 of the Public Debt Management Law.

g) Permission is granted to waive the requirement for project implementation guarantees as provided for in the Investment Law.

8. There is no need to go through the approval procedure for changing the purpose of forest land use to another purpose, but it must ensure the principle of minimizing the change of forest land use to other purposes as prescribed by the Forestry Law, especially natural forests.

9. Province of Ninh Thuan

a) Annually, the central budget supplements the provincial budget with 70% of the increased revenue from implementing the Project, but not exceeding the total increase in central budget revenue in the locality compared to the previous year's revenue collection and without causing a deficit in the central budget.

b) It is allowed to reschedule ODA and preferential foreign loans with a total loan debt outstanding not exceeding 90% of the provincial budget revenue received under the budget classification. The total annual loan amount and budget deficit of the province are decided by the National Assembly in accordance with the State Budget Law.

c) Additional allocation of 40% of the expenditure calculated based on population standards when establishing the regular expenditure budget standard.

d) The head of the competent authority may decide to apply direct award procedures for consultancy, non-consultancy, procurement, and construction contracts for compensation, support, and resettlement work to implement the Project. The procedures for direct award shall be carried out in accordance with the bidding laws.

đ) Granting permission to exploit ordinary construction materials minerals within the survey material documentation for the Project:

- Issuing mining exploitation permits for ordinary construction materials without having to auction mining rights; for ordinary construction material mines already included in the plan for auctioning mining rights, they can be adjusted out of the auction plan to issue mining exploitation permits without having to auction mining rights.

- For ordinary construction material mines (excluding river sand and gravel) that have been granted exploitation permits, are currently operating, and still have remaining exploitation periods, their exploitation capacity can be increased by up to 50% of the capacity stated in the mining exploitation permit (without increasing the approved reserves) without having to go through the procedures for the competent state management agency to decide or approve the adjustment project investment proposal, assess and approve the environmental impact assessment report, issue an environmental permit, or register the environment, but ensuring safety and environmental protection requirements during exploitation. After supplying sufficient construction materials for the Project, enterprises can continue exploiting at the capacity stated in the previously issued mining permit.

- For ordinary construction materials, if new mine exploitation permits are required to meet the Project's needs, a special mechanism similar to the exploitation of Group IV minerals (as stipulated in Point a, Clause 2, Article 72 and Points c and d, Clause 2, Article 73 of the Geology and Mineral Resources Law) shall be applied.

e) Permitting carbon credit transaction revenues to be fully provincial budget revenues; these revenues shall not be used to determine the percentage share between the central and provincial budgets.

g) Applying the highest compensation, support, and resettlement policy when reclaiming land to implement the Project, multiplied by 1.5 times.

h) Applying the compensation, support, and resettlement policy when the State reclaims land to implement the Project for individuals using land without Land Use Right Certificates or attached property ownership certificates who meet the conditions for issuing such certificates, as if they were users with such certificates.

i) Being allowed to simultaneously carry out compensation, support, and resettlement work alongside adjustments to the Project's relocation and resettlement plans.

10. There is no need to go through the procedures to adjust the national mineral reserve area and the national mineral reserve period, the exploration, exploitation, processing, and utilization planning areas for various types of minerals that have been approved by the competent authority in cases where the Project's implementation area overlaps with the national mineral reserve area or the exploration, exploitation, processing, and utilization planning areas.

11. During the preparation phase and implementation of the Project, in cases where overlapping planning issues arise within the jurisdiction of the National Assembly, the Project's implementation shall be carried out according to the National Power Development Plan and updated to ensure consistency with other plans under the jurisdiction of the National Assembly.

12. Mechanisms and policies to ensure prevention and combat against corruption, waste, and negative practices:

a) The Prime Minister shall establish a working group comprising representatives from the Ministry of National Defense, the Ministry of Public Security, the Ministry of Finance, the Government Inspectorate, the State Audit Agency, and relevant ministries and sectors to regularly monitor and supervise the process of implementing tender packages as stipulated in points b, c, and d of Clause 2 of this Article.

b) The project owner of the Ninh Thuan 1 nuclear power plant and the Ninh Thuan 2 nuclear power plant shall be responsible for submitting draft turnkey construction contracts for the main plant to the State Audit Agency for auditing before signing the contract. The State Audit Agency shall be responsible for sending the audit results to the authority with the right to sign the turnkey contract within a maximum period of thirty days from the date of receiving the audit request along with the contract, ensuring that it does not affect the project schedule.

c) The heads of agencies and units, civil servants, and officials involved in formulating and promulgating mechanisms and policies as prescribed in this Resolution may be considered for exemption, mitigation, or reduction of responsibility in accordance with the regulations of the Party and the law.

13. The general contractor and preferred contractors shall prioritize the use of domestic products, goods, and services that can meet the requirements of the tender package; for international tender packages, the tender documents must include requirements for foreign general contractors and contractors regarding technology transfer and training of human resources for Vietnamese partners to take charge of management and operation, gradually mastering the technology.

14. During periods when the National Assembly is not in session, the National Assembly delegates its authority to the Standing Committee of the National Assembly:

a) To examine and decide on adjustments to the investment orientation of the Project, except in cases where the total investment cost of the Project increases;

b) To supplement and adjust special mechanisms and policies for projects.

Article 4. Organization of Implementation

1. The Government shall be responsible for:

a) Organizing the implementation and managing investment in projects in accordance with this Resolution and related laws; ensuring that projects are completed on schedule and meet quality standards; reporting to the competent authority as required; and promptly implementing the Project;

b) Managing and using capital and other resources, managing other related activities to ensure economy, efficiency, prevention of corruption, waste, and negative practices, ensuring national defense and security, social order and safety, radiation safety, and environmental protection in accordance with this Resolution and related laws; providing full information so that the public understands and agrees with the investment orientation of the Project;

c) Organizing negotiations on international treaties with partners based on respecting national independence, sovereignty, territorial integrity, non-interference in each other's internal affairs, equality, mutual benefit, and compliance with the Constitution, laws of Vietnam, and international treaties to which the Socialist Republic of Vietnam is a party;

d) Directing the organization of management, operation, exploitation, and maintenance to ensure safety and efficiency;

đ) Within the scope of their duties and powers, organizing the implementation of this Resolution; conducting a mid-term review of the implementation of this Resolution and reporting to the National Assembly at the last session in 2028; conducting a final review of the implementation of this Resolution and reporting to the National Assembly at the nearest session following the commencement of Project operations.

2. During the implementation process, if issues related to mechanisms and policies arise or if existing mechanisms and policies are found to be unsuitable, the Government shall consider amending or supplementing them within its authority or study and report to the competent authority for consideration and decision.

3. The Province of Ninh Thuan and the Project Owner shall be responsible to the Government for ensuring the progress and quality of assigned projects.

4. The Vietnam Fatherland Front and its member organizations, within the scope of their duties and powers, shall have the responsibility to promote and mobilize the public to agree with the investment orientation of the Project, and to supervise the implementation of this Resolution.

5. The Standing Committee of the National Assembly, the Committee for Science, Technology, and Environment, the Ethnic Council, other Committees of the National Assembly, Delegations of the National Assembly, and National Assembly deputies, within the scope of their duties and powers, shall supervise the implementation of this Resolution.

6. The State Audit Agency, within the scope of its duties and powers, shall audit the implementation of the Project in accordance with this Resolution.

Article 5. Effective Date

This Resolution shall take effect from the date it is adopted by the National Assembly.

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./.