Resolution No. 58/2022/QH15 on the investment orientation for the Construction Project of the Expressway from Khanh Hoa to Buon Ma Thuot Phase 1

RESOLUTION

On Investment Orientation Investment Project for Construction ofPhase 1 of the Khanh Hoa - Buon Ma Thuot Expressway

OF THE NATIONAL ASSEMBLY

Based on the Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on Public Investment No. 39/2019/QH14, amended and supplemented by Laws No. 64/2020/QH14, No. 72/2020/QH14, and Law No. 03/2022/QH15;

Pursuant to Resolution No. 29/2021/QH15 dated July 28, 2021 of the National Assembly on the Medium-Term Public Investment Plan for 2021-2025;

Pursuant to Resolution No. 43/2022/QH15 dated January 11, 2022 of the National Assembly on fiscal and monetary policies supporting the Program to Restore and Develop the Economy and Society;

After considering Proposal No. 190/TTr-CP dated May 21, 2022 of the Government, Report No. 954/BC-UBKT15 dated June 5, 2022 of the Economic Committee of the National Assembly, Report No. 264/BC-UBTVQH15 dated June 15, 2022 of the Standing Committee of the National Assembly on the draft Resolution on the investment orientation of the Investment Project for Construction of Phase 1 of the Khanh Hoa - Buon Ma Thuot Expressway, related documents, and opinions of National Assembly deputiesThe Resolution on the investment orientation of the Investment Project for Construction of Phase 1 of the Khanh Hoa - Buon Ma Thuot Expressway (hereinafter referred to as the Project) is hereby adopted.;

RESOLUTION:

Article 1

1. Objectives:

Article 2

Investing in the Project aims to form a transverse axis connecting the Central Highlands with the South Central Coast, linking with longitudinal axes, enhancing the effectiveness of existing and ongoing projects, connecting economic centers, seaports, meeting transportation needs; creating room, momentum, and space for development of the Central Highlands and the South Central Coast with modern technical infrastructure and social infrastructure; contributing to ensuring national defense and security, poverty reduction; improving the competitiveness of the economy, gradually achieving the goals and tasks of socio-economic development of the country according to the Resolution of the 13th National Congress of the Communist Party of Vietnam.

Invest approximately 117.5 kilometers, divided into three component projects under public investment; the scale of each component project is determined in the Appendix attached to this Resolution.

2. Scope, Scale, and Form of Investment:

3. Technology:

The Project will apply advanced and modern technologies, ensuring safety, synchronization, quality, and efficiency requirements. Encourage the application of high technology in construction organization, adapting to climate change. Implement automatic non-stop toll collection in operation and exploitation.

4. Land use requirements and compensation, support, and resettlement plans:

Preliminary land use requirements of the Project are about 938.54 hectares, including: two-crop paddy fields about 133.46 hectares, other agricultural land about 202.64 hectares, residential land about 29.47 hectares, perennial crop land about 48.52 hectares, production forest land about 437.57 hectares, protective forest land about 33.61 hectares, other land about 53.27 hectares. Full land clearance along the entire route according to the planning scale.

5. Preliminary total investment and sources of capital:

The preliminary total investment of the Project is VND 21,935 billion (twenty-one thousand nine hundred thirty-five billion dong), of which:

a) State budget capital for the period 2021-2025 is VND 15,096 billion

(fifteen thousand ninety-six billion dong),including:- Central government budget capital is VND 13,831 billion

(thirteen thousand eight hundred thirty-one billion dong),including: VND 6,539 billion(six thousand five hundred thirty-nine billion dong)central government budget capital in the Medium-Term Public Investment Plan for 2021-2025; VND 572 billion(five hundred seventy-two billion dong)from reviewing and rearranging the Medium-Term Public Investment Plan for 2021-2025 of the Ministry of Transport; VND 2,320 billion(two thousand three hundred twenty billion dong)state budget capital for development according to Resolution No. 43/2022/QH15 dated January 11, 2022 of the National Assembly on fiscal and monetary policies supporting the Program for Recovery and Development of the Economy and Society; VND 4,400 billion(four thousand four hundred billion dong)from increased revenue, reduced expenditure, and savings in the central government budget in 2021;- Local government budget capital is VND 1,265 billion

(one thousand two hundred sixty-five billion dong),including: Dak Lak Province is VND 916.5 billion(nine hundred sixteen billion five hundred million dong)and Khanh Hoa Province is VND 348.5 billion(three hundred forty-eight billion five hundred million dong).b) Central government budget capital for the period 2026-2030 is VND 6,839 billion

(six thousand eight hundred thirty-nine billion dong).6. Implementation schedule:

Prepare for investment and implement the Project from 2022, basically completing some sections with high traffic volume in 2025, basically completing the entire route in 2026, and fully completing and putting the entire Project into operation in 2027.

1. The implementation and execution of the Project shall be subject to the following special mechanisms and policies:

Article 3

a) The Government directs the Ministry of Transport to take the lead, in coordination with the Ministry of Finance, relevant ministries, sectors, and localities, to develop a plan for recovering the investment capital of the Project and repaying it to the central government budget and local government budgets according to the proportion of investment capital contributed to the Project;

b) Implement in accordance with Article 5 of Resolution No. 43/2022/QH15 dated January 11, 2022 of the National Assembly on fiscal and monetary policies supporting the Program for Recovery and Development of the Economy and Society;

c) In case of adjusting the investment orientation of the Project during periods when the National Assembly is not in session, the National Assembly authorizes the Standing Committee of the National Assembly to examine and decide;

d) Procedures, formalities, authority for appraisal and decision-making on investment in component projects shall be carried out similarly to those for Group A projects under the laws on public investment;

đ) Allow the Project to be divided into component projects as specified in the Appendix attached to this Resolution.

a) Organize the implementation, management, and operation and exploitation of the Project in accordance with this Resolution and relevant laws, ensuring progress and quality of the works. Manage and use funds and resources economically and efficiently, prevent corruption and malpractice; direct localities to ensure the funding for the Project. Direct the review and bear responsibility for the feasibility of the capital from reviewing and rearranging the Medium-Term Public Investment Plan for 2021-2025 of the Ministry of Transport;

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

a) Implement, manage, and operate the Project in accordance with this Resolution and relevant laws, ensuring the progress and quality of the works. Manage and utilize funds and resources economically and efficiently, prevent corruption and malpractice; direct localities to ensure funding for the Project's implementation. Direct the review and be responsible for the feasibility of the funding from the review and restructuring of the mid-term public investment plan for the period of 2021-2025 of the Ministry of Transport.

b) Calculate the scope and total investment amount for each component project within the feasibility study report stage of the Project in accordance with the provisions of the law, ensuring economy and preventing waste;

c) Lead and direct the implementation of this Resolution, ensuring compliance with the objectives, transparency, and effectiveness, preventing policy exploitation, loss, and waste; annually report to the National Assembly at its final session of the year on the implementation status of the Project; provide full information to enable citizens to understand and support the investment policy and the Project's implementation;

3. The Prime Minister shall be responsible for delegating authority to localities to act as the managing bodies to implement component projects in accordance with Clause 3, Article 5 of Resolution No. 43/2022/QH15 dated January 11, 2022 of the National Assembly on fiscal and monetary policies to support the Economic Recovery and Development Program, ensuring the progress and quality of those component projects; consider and decide to entrust one agency to be responsible for organizing the implementation of the Project to ensure its overall and synchronized nature;

4. Localities shall be responsible before the Government for ensuring the funding sources as stipulated in Clause 5, Article 2 of this Resolution and the progress of compensation, support, and resettlement of the Project. In cases where the compensation, support, and resettlement costs in the locality exceed or fall short of the preliminary total investment cost of the Project, the locality shall be responsible for balancing the funding from the local budget according to the proportion of the contribution to the compensation, support, and resettlement costs of the Project. The agency entrusted to act as the managing body shall be responsible for ensuring the progress and quality of the assigned component project;

Article 4

1. The State Audit Agency, within the scope of its duties and powers, audits the implementation of this Resolution;

2. The Standing Committee of the National Assembly, the Economic Committee, the Ethnic Council, other Committees of the National Assembly, Delegations of the National Assembly, National Assembly deputies, the Vietnam Fatherland Front, and member organizations of the Vietnam Fatherland Front, within the scope of their duties and powers, supervise the implementation of this Resolution;

This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, the fifteenth term, third session, on June 16, 2022;

ANNEX

List of Component Projects of the Investment Construction Project for the Expressway from Khanh Hoa to Buon Ma Thuot Phase 1

(Annexed to Resolution No. 58/2022/QH15 dated June 16, 2022)