Resolution No. 59/2022/QH15 on the investment orientation for the first phase of the construction project of the high-speed road from Bien Hoa to Vung Tau.

RESOLUTION

On the investment orientation for the Biên Hòa - Vũng Tàu Expressway Construction Investment Project Phase 1 expressway from Biên Hòa to Vũng Tàu phase 1

OF THE NATIONAL ASSEMBLY

Based on the Constitution of the Socialist Republic of Vietnam;

Pursuant to the Public Investment Law No. 39/2019/QH14, amended and supplemented by Law No. 64/2020/QH14, Law 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 Mid-Term Public Investment Plan for the period 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 the Government's Proposal No. 191/TTr-CP dated May 21, 2022, the Report on Examination No. 952/BC-UBKT15 dated June 5, 2022 of the National Assembly's Economic Committee, and the Report No. 265/BC-UBTVQH15 dated June 15, 2022 of the National Assembly's Standing Committee on the draft Resolution on the investment orientation for the Biên Hòa - Vũng Tàu Expressway Construction Investment Project Phase 1, along with related documents and opinions of National Assembly deputies,, related documents and opinions of National Assembly deputies;

RESOLUTION:

Article 1

Approves the investment orientation for the Biên Hòa - Vũng Tàu Expressway Construction Investment Project Phase 1 (hereinafter referred to as the Project).

Article 2

1. Objectives:

To invest in the Project to complete and put into operation synchronously with the North-South Expressway East Route, Long Thành International Airport, connecting economic centers and seaports; maximize the potential of the Cái Mép - Thị Vải Seaport, meet transportation needs; create room, momentum, and space for development in the Southeast region with a modern technical infrastructure and social infrastructure; contribute to ensuring national defense and security; enhance the competitiveness of the economy, gradually achieve the goals and tasks of socio-economic development according to the Resolution of the 13th National Congress of the Communist Party of Vietnam.

2. Scope, Scale, and Form of Investment:

Invest approximately 53.7 kilometers, divided into three component projects under the public investment form; the scale of investment for each component project is determined in the Appendix attached to this Resolution.

3. Technology:

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

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

Preliminary land use requirements for the Project are about 519.64 hectares, including: paddy fields about 34.29 hectares, residential land (residential land) about 30.45 hectares, perennial crop land about 205.31 hectares, annual crop land about 52.63 hectares, aquaculture land about 2.55 hectares, and other land about 194.41 hectares. Full land clearance along the entire route according to the planning scale.

5. Preliminary Total Investment and Sources of Funds:

The preliminary total investment for the Project is 17,837 billion VND (seventeen thousand eight hundred thirty-seven billion VND), of which:

a) State budget capital for the period 2021-2025 is 14,270 billion VND (fourteen thousand two hundred seventy billion VND), including:

- Central government budget capital is 11,000 billion VND(eleven thousand billion VND),including: 5,360 billion VND(five thousand three hundred sixty billion VND)from the central government budget in the Mid-Term Public Investment Plan for the period 2021-2025; 465 billion VND(four hundred sixty-five billion VND)from the review and rearrangement of the Mid-Term Public Investment Plan for the period 2021-2025 of the Ministry of Transport; 3,500 billion VND(three thousand five hundred billion VND)from 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 Recovery and Development Program; and 1,675 billion VND(one thousand six hundred seventy-five billion VND)from increased revenue, reduced expenditure, and savings in the central government budget in 2021;

- Local government budget capital is 3,270 billion VND(three thousand two hundred seventy billion VND),including: Dong Nai Province is 2,600 billion VND(two thousand six hundred billion VND) and Bà Rịa - Vũng Tàu Province is 670 billion VND(six hundred seventy billion VND).

b) Central government budget capital for the period 2026-2030 is 3,567 billion VND(three thousand five hundred sixty-seven billion VND).

6. Implementation schedule:

Prepare for investment and implement the Project from 2022, basically complete in 2025, and fully complete and put into operation synchronously throughout the Project in 2026.

Article 3

1. The implementation and execution of the Project shall apply the following special mechanisms and policies:

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 to recover the investment capital of the Project and repay it to the central and local budgets according to the proportion of investment capital contributed to the Project;

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

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

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

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

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

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 waste; direct localities to ensure the source of funds for the Project. Direct the review and bear responsibility for the feasibility of the capital from the review and rearrangement of the Mid-Term Public Investment Plan for the period 2021-2025 of the Ministry of Transport;

b) Calculate the scope and total investment of component projects at the feasibility study stage according to the provisions of the law, ensuring thrift and preventing waste;

c) Direct and guide the implementation of this Resolution to ensure compliance with the objectives, transparency, and effectiveness, preventing policy exploitation, loss, and waste; report annually to the National Assembly at the end-of-year session on the implementation status of the Project; provide full information for the public 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 for implementing 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 supporting the Economic Recovery and Development Program, ensuring the progress and quality of such component projects; consider and decide to assign a lead agency to organize the implementation of the Project to ensure its overall and synchronized nature.

4. Localities shall be responsible before the Government for ensuring the source of funds as stipulated in Clause 5, Article 2 of this Resolution and the progress of compensation, support, and resettlement for the Project. In cases where the compensation, support, and resettlement costs in their locality increase or decrease compared to those in the preliminary total investment cost of the Project, that locality shall be responsible for balancing the budget from the local state budget according to the proportion of the contribution to the compensation, support, and resettlement costs of the Project. The agency assigned as the managing body shall be responsible for ensuring the progress and quality of the component project assigned to it.

Article 4

1. The State Audit Agency, within the scope of its duties and powers, shall audit 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 National Assembly Members, National Assembly deputies, the Vietnam Fatherland Front, and its member organizations, within the scope of their duties and powers, shall supervise the implementation of this Resolution.

This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, the 15th term, third session, on June 16, 2022.

ANNEX

List of Component Projects under the Investment Construction Highway Project

Binh Duong - Vung Tau Expressway Phase 1

(Annexed to Resolution No. 59/2022/QH15 dated June 16, 2022)