Decision No. 938/QD-TTg On amending and supplementing some articles of Decision No. 1621/QD-TTg dated November 29, 2007 of the Prime Minister on certain mechanisms and policies for pilot investment in the Hanoi-Haiphong Expressway Project

Pursuant to …;

Regarding amending and supplementing some articles of Decision No. 1621/QĐ-TTg dated November 29, 2007 of the Prime Minister on certain mechanisms and policies for pilot investment in the Hanoi-Haiphong Expressway Projectconcerning certain mechanisms and policies for pilot investment in the Hanoi-Haiphong Expressway Project

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PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;
On the basis of Decision No. 1621/QĐ-TTg dated November 29, 2007 of the Prime Minister on certain mechanisms and policies for pilot investment in the Hanoi-Haiphong Expressway Project;
Considering the proposal of the Minister of Planning and Investment at Document No. 2489/BKH-KCHT&ĐT dated April 14, 2009 and the opinions of relevant agencies,

DECISION:

Article 1. Amending and supplementing some articles of Decision No. 1621/QĐ-TTg dated November 29, 2007 of the Prime Minister on certain mechanisms and policies for pilot investment in the Hanoi-Haiphong Expressway Project as follows:

1. Supplementing Article 2: "Allowing changes to the technical design from the basic design based on the proposals of the investor to increase the efficiency of the project, facilitate exploitation while ensuring technical standards and safety for expressways. The Ministry of Transport shall review for the investor to approve according to current regulations."

2. Supplementing point a, Clause 1, Article 3:

"Allowing the project sponsors of sub-projects for land compensation and clearance to base on local conditions and actual circumstances to simultaneously carry out some steps of procedures for land recovery and compensation, support, and resettlement according to Decree No. 84/2007/NĐ-CP dated May 25, 2007 of the Government. While waiting for the formal decision on land allocation to the project sponsor according to the approved project, it is allowed to implement land compensation and clearance work along the route and cross-sections in the design that have been marked by the project sponsor. After completing the temporary land compensation and clearance, the land can be handed over to the project sponsor to promptly commence construction works.

The People's Committees of the provinces and cities: Hanoi, Haiphong, Hai Duong, Hung Yen are responsible for establishing and implementing resettlement projects to ensure resettlement for people whose land is expropriated under the Hanoi-Haiphong Expressway Project and who need to move their residences. Land for resettlement will be arranged in various sizes suitable for the level of compensation and the ability to pay of the resettled persons. In cases where the value of land in the resettlement area is higher than the value of land compensated and supported in the original location, the project sponsor will subsidize the difference. The value of land in the resettlement area for calculating subsidies includes land clearance costs and infrastructure construction costs.

The People's Committees of the provinces and cities: Hanoi, Haiphong, Hai Duong, Hung Yen decide on land recovery, approve budgets, and settle accounts for resettlement areas; coordinate with the Ministry of Natural Resources and Environment and VIDIFI to determine the subsidy funds for the difference in land values in resettlement areas."

3. Amending and supplementing points a, c, d, Clause 2, Article 3:

a) Capital contribution to implement the project:

Removing the second paragraph of point a, Clause 2, Article 3 and supplementing as follows: "- Allow VIDIFI to sell shares to domestic and foreign investors to raise registered capital. In cases where shareholders' contributions are insufficient, allow VDB to take proactive measures to ensure sufficient registered capital for VIDIFI, and report the results to the Prime Minister."

c) Tendering method:

Supplementing: "The project sponsor decides on the selection of contractors, on the principle of ensuring the schedule, quality, and effectiveness of the project."

d) Investment and recovery of investment:

Supplementing: "During the BOT contract period, the project sponsor may use the right to collect tolls on the Hanoi-Haiphong Expressway, the right to collect tolls on National Highway 5, and the right to operate infrastructure services and advertising within the Hanoi-Haiphong Expressway to ensure loan repayment when borrowing funds for the project from VDB, VCB, and other financial institutions. During the BOT contract period, the rights to collect tolls and operate infrastructure services and advertising within the Hanoi-Haiphong Expressway of the project sponsor may be transferred in civil transactions."

4. Supplement Clause 3 of Article 3 as follows:

"The People's Committees of the provinces and cities: Hanoi, Haiphong, Hai Duong, Hung Yen shall review and inspect the implementation of land planning and usage plans according to Decision No. 391/QĐ-TTg dated April 18, 2008 of the Prime Minister; allocate land to VIDIFI for investment in industrial zones, urban areas, and services along the Hanoi-Haiphong Expressway to recover investment in the expressway project. The project sponsor must use the land in accordance with current regulations.

The Ministry of Planning and Investment shall take the lead and coordinate with related localities to examine and submit to the Prime Minister for approval to supplement the development plan for industrial zones."

Article 2. This Decision takes effect from the date of signature.

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of the People's Committees of the provinces and cities: Hanoi, Haiphong, Hai Duong, Hung Yen; General Directors of the Vietnam Development Bank, the Vietnam Foreign Trade Bank, VIDIFI, and related agencies are responsible for implementing this Decision./.