Resolution No. 59/2007/NQ-CP On certain solutions to address difficulties in investment and construction activities and administrative reform for businesses

RESOLUTION

On some solutions to address difficulties in investment and construction activities and administrative reform for businesses

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In recent times, the Government has focused on directing the implementation of measures to resolve difficulties in order to accelerate the progress of basic investment and construction. Generally, ministries, sectors, localities, and units have made many efforts in implementing investment and construction plans, creating positive changes in investment and construction activities. However, the implementation of investment and construction still encounters many difficulties, especially the execution of investment capital, particularly projects funded by state budget, investment credit, and government bonds, which remains low.

The above situation affects the implementation of the socio-economic development plan in 2007 and subsequent years.

Besides the reasons due to weaknesses in investment and construction management not being fully resolved, there is also an important reason stemming from the system of documents related to investment and construction having overlapping points and being unsuitable.

To promptly address this situation, accelerate the progress and disbursement speed of investment projects, and fulfill the socio-economic development tasks, the Government resolves:

I. ON SOME SOLUTIONS TO ADDRESS DIFFICULTIES IN INVESTMENT AND CONSTRUCTION ACTIVITIES

A. Solutions related to land, exploration, and mineral exploitation activities:

1. Regarding conditions for granting land use rights and leasing land for investment projects:

a) Concerning the investigation, survey, and measurement to determine the area of land for preparing investment projects where compensation and land clearance plans must be established:

The Chairman of the Provincial People's Committee decides to permit investors to enter the project area to conduct investigations, surveys, and measurements to determine the land area for preparing investment projects when they have received investment approval or registration or investment certificate, and such projects comply with local socio-economic development planning, regional land use planning, construction planning, industry planning, or product planning.

The Chairmen of the District and Commune People's Committees and the local residents have the responsibility to facilitate investors in conducting investigations, surveys, and measurements to determine the land area for preparing investment projects according to the decision of the Chairman of the Provincial People's Committee.

b) Concerning land compensation and clearance work:

When the investment project has been approved and reviewed in accordance with the laws on investment, the Land Compensation, Support, and Resettlement Council at the district level or the land development organization can enter the project area to carry out tasks related to establishing the compensation, support, and resettlement plan for the project. This plan will be verified again after the technical design of the project and will serve as the basis for the Provincial People's Committee to issue a decision to reclaim land. The Ministry of Natural Resources and Environment will provide detailed guidance on the procedures and formalities related to establishing the compensation, support, and resettlement plan for the project as stipulated in this Resolution. The investor can temporarily advance funds for compensation and clearance work based on the proposal of the Land Compensation, Support, and Resettlement Council at the district level or the land development organization. The Ministry of Finance will provide detailed guidance on the procedures, formalities, and amount of temporary advances for the investor to implement compensation and clearance work.

2. Regarding the issuance of permits in exploration and mineral exploitation activities:

a) To simplify administrative procedures, the Ministry of Natural Resources and Environment shall take the lead and coordinate with relevant ministries and sectors to guide the combination of the content of the Mineral Exploration Permit into the Mineral Prospecting Permit; the Mineral Processing Permit into the Mineral Exploitation Permit or Investment Certificate to be issued once for enterprises.

b) The provincial and centrally-administered municipal people's committees shall take the lead and coordinate with relevant ministries and sectors to demarcate and approve areas prohibited or temporarily prohibited from mineral activities in their respective regions as the basis for issuing permits to organizations and individuals who wish to engage in mineral activities.

B. Solutions related to investment procedures and project management in construction works:

1. Regarding the preparation of Environmental Impact Assessment Reports:

The Ministry of Natural Resources and Environment, in the first quarter of 2008, shall take the lead and coordinate with the Ministry of Construction and relevant agencies to review the list of types of projects and works that require the preparation of Environmental Impact Assessment Reports; simultaneously reforming the procedures and contents of Environmental Impact Assessment Reports to facilitate investors, especially housing and urban projects.

2. Regarding fire prevention and firefighting review procedures:

The Ministry of Public Security shall take the lead and coordinate with the Ministry of Construction and relevant ministries and sectors to review regulations on fire prevention and firefighting review procedures. Fire prevention and firefighting reviews must be thorough and meet requirements but the procedures should be simplified towards publicizing fire prevention and firefighting regulations and implementing post-inspection, except for special projects with strict fire prevention and firefighting requirements that do not hinder the implementation of projects.

Regarding the content and procedures for reviewing basic design:

3 . Regarding the content a) The Ministry of Construction shall review the contents and procedures for reviewing basic design in current regulations (Government Decree No. 16/2005/ND-CP dated February 7, 2005 on project management in construction works and Government Decree No. 112/2006/ND-CP dated September 26, 2006 amending and supplementing Government Decree No. 16/2005/ND-CP) to resolve difficulties and obstacles in approving investment projects, ensuring simplification, addressing inconsistencies between related legal documents, and aligning with domestic conditions and international integration requirements; submit to the Government for amendments and supplements to these Decrees by December 2007.

b) For projects using ODA funds: while waiting for amendments to related documents concerning basic design, allow the implementation of international practices and lender regulations, using preliminary designs instead of basic designs.

4. Regarding the issuance of Investment Certificates for domestic investment projects:

4. On issuing Investment Certificates for domestic investment projects:

a) The Ministry of Planning and Investment shall coordinate with relevant agencies and localities to assess the issuance of Investment Certificates in recent times; study and amend the procedures and necessity of Investment Certificates, and if unnecessary, report to the Government to submit to the National Assembly for amending the Investment Law towards abolishing Investment Certificates for domestic investment projects or specifying types of projects requiring Investment Certificates based on their nature.

b) For domestic construction investment projects using state capital, the Decision on investment or approval of investment by the competent authority shall simultaneously serve as the Investment Certificate.

C. Solutions related to bidding:

1. For urgent national interest, security, and energy safety projects, the Prime Minister shall approve the list of projects designated for bidding (including consultancy services) upon the proposal of the Minister of the relevant sector, the Chairman of the People's Committee of the province, and authorize the Minister and the Chairman of the People's Committee of the province to decide on designation for bidding in accordance with the provisions of the law.

2. Regarding the designation for consultancy bidding in certain fields:

a) Allow the Minister and the Chairman of the People's Committee of the province to designate competent contractors to develop economic and social strategies, industry plans, product plans. The designation for bidding must be carried out in accordance with the regulations. The funds for developing strategies and plans shall be allocated from the economic public service budget.

b) For domestic investment projects in fields where only one unit has sufficient capacity, allow the Minister and the Chairman of the People's Committee of the province to designate bidding for consultancy services for survey, design, and project development. The designation for bidding must be carried out in accordance with the regulations.

D. Solutions related to construction cost management:

1. To facilitate the acceleration of disbursement progress for construction projects approved before the effective date of Decree No. 99/2007/ND-CP dated June 13, 2007 of the Government on construction cost management and currently ongoing, if it is deemed necessary to apply the provisions of this Decree on construction cost management, then the authorized investment decision maker may consider and decide accordingly.

2. The Ministry of Planning and Investment shall coordinate with the Ministry of Finance to allocate adequate preparation capital for ministries, sectors, and localities; at the same time, permit the Minister, head of an agency equivalent to a ministry, and the Chairman of the People's Committee of the province to adjust between preparation capital and implementation capital when the preparation capital is insufficient.

II. IMPROVEMENT OF SOME ADMINISTRATIVE PROCEDURES FOR ENTERPRISES

1. The Ministry of Public Security shall complete guidance on stamp engraving procedures for enterprises without the need for a stamp engraving permit by December 2007. Registration of stamps, storage of stamp samples, and certification of stamp registration with state authorities shall be conducted according to current regulations. The Ministry of Public Security shall cooperate with the Ministry of Home Affairs and the Government Office to draft a decree simplifying administrative procedures in certain areas, including amendments and supplements to Decree No. 58/2001/ND-CP dated August 24, 2001 of the Government on the management and use of stamps. a) Immediately implement the registration of new business establishment and enterprise tax code within a maximum of five working days based on the strict and consistent compliance of the enterprise founder and state management agencies with the provisions of the Enterprise Law regarding the self-declaration and legal responsibility of the enterprise founder for the accuracy and truthfulness of information declared in the business registration dossier.

2. The Ministry of Planning and Investment takes the lead and coordinates with the Ministry of Finance:

b) Unify the content of business registration and enterprise tax code in a single dossier submitted to the Department of Planning and Investment; unify and guide provincial business registration agencies to use the enterprise tax code as the business registration code for newly established enterprises from April 1, 2008; integrate the business registration code and tax code into a unified enterprise code.

3. The Ministry of Planning and Investment shall complete the basic construction of a national database for business registration by the end of 2008; connect the business registration information network to implement nationwide business name protection and pilot online business registration. 4. The Ministry of Finance shall complete the review of tax payment procedures and tax declaration forms by the end of the first quarter of 2008 to amend and supplement existing regulations in a comprehensive but simplified manner, easy to understand and implement, aiming to further improve administrative procedures in tax collection and payment.

The Ministry of Planning and Investment shall monitor and inspect the implementation of the provisions of this Resolution, promptly report difficulties and obstacles to the Prime Minister, and regularly report to the Government on the results of implementation every three months.

2. The Ministry of Justice shall coordinate with relevant ministries and agencies to review regulatory legal documents related to the fields mentioned in this Resolution that require supplementation and amendment, and submit them to the Government and the National Assembly for inclusion in the legislative program. A single document can be issued to amend and supplement multiple documents.

III. IMPLEMENTATION

1. 3. Ministries, sectors, and local governments at all levels shall strictly and thoroughly implement guiding directives from the Government and the Prime Minister, and Directive No. 836/2007/CT-TTg dated July 2, 2007 on strengthening management of investment with state capital in the second half of 2007, to resolve difficulties, accelerate disbursement of investment capital, construction progress, maintain high growth rates, and strive to achieve the goals and tasks of socio-economic development in 2007; while preparing well for conditions to create momentum for implementing the socio-economic development plan in 2008 and subsequent years.

4. Ministers, heads of agencies equivalent to ministries, heads of government agencies, Chairmen of Provincial People's Committees, and Chairmen of Municipal People's Committees directly under the Central Government are responsible for implementing this Resolution./.

3. Ministries, sectors, and local authorities at all levels shall strictly and thoroughly implement the guiding and management documents of the Government and the Prime Minister, and Directive No. 836/2007/CT-TTg dated July 2, 2007 on strengthening the management of state capital investment in the last six months of 2007, with the aim of resolving difficulties, accelerating disbursement of investment funds, construction project progress, maintaining high growth rates, striving to successfully complete the economic and social development targets for 2007; while also preparing good conditions and creating momentum for the implementation of the economic and social development plan for 2008 and subsequent years.

4. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under the central government are responsible for implementing this Resolution./.