Nghị quyết 49/2010/QH12

RESOLUTION

ON PROJECTS AND WORKS OF NATIONAL IMPORTANCE TO BE SUBMITTED TO THE NATIONAL ASSEMBLY FOR DECISION ON THEIR INVESTMENT

THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;
Pursuant to Law No. 30/2001/QH10 on Organization of the National Assembly, which was amended and supplemented under Law No. 83/2007/QH11;
Having considered Report No. 61/TTr-CP of May 14, 2010, of the Government; Verification Report No. 1544/BC-UBKT12 o fMay 27, 2010, of the National Assembly's Economic Committee; and opinions of National Assembly deputies;

RESOLVES:

Article 1. Scope of regulation

This Resolution provides for the criteria of projects and works of national importance, which are invested in Vietnam or offshore, to be submitted to the National Assembly for decision on their investment (below referred to as projects and works of national importance); contents of dossiers to be submitted by the Government to the National Assembly for consideration and decision on investment in these projects and works, and order and procedures for dossier submission.

Article 2. Interpretation of terms

In this Resolution, the terms below are construed as follows:

1. Project or work of national importance means an investment project or a project on an independent work or a group of closely interconnected works which satisfies the criteria specified in Article 3 or 4 of this Resolution.

2. State capital includes state budget capital, state-guaranteed credit capital, state development investment credit capital, development investment capital of state enterprises and other capital sources managed by the State.

3. Group of closely interconnected works means a cluster of works consisting of one or several main works and other works which are econo-technically interconnected and investment in the main work(s) is indispensable to that in other works.

Article 3. Criteria of domestic investment projects and works of national importance to be submitted to the National Assembly for decision on their investment

A domestic investment project or work which satisfies any of the following criteria is regarded as being of national importance:

1. Having a total investment capital of VND 35 trillion or more, including a state capital amount of VND 11 trillion or more;

2. Greatly affecting the environment or having a latent risk of seriously affecting the environment, being:

a/ A nuclear power plant:

b/ A land-using project or work requiring change of the land use purpose of a national park, nature reserve zone, landscape preservation zone, scientific research and experiment forest of 50 hectares (ha) or more; a headwater protective forest of 50 ha or more: a wind- or sand-shielding, wave-breaking. sea-encroaching or environmental protection forest of 500 ha or more: or a production forest of 1,000 ha or more;

3. Requiring change of the use purpose of a land area of 500 ha or more currently used for two wet rice crops ever)' year:

4. Requiring resettlement of 20,000 inhabitants or more, for mountainous areas, or 50.000 inhabitants or more, for other areas;

5. Being located in a geographical area in which exists a national relic of specially important historical-cultural significance or a scenic place ranked as a national one;

6. Being located in a geographical area of special national defense or security importance.

The Government shall specify criteria of geographical areas of special national defense or security importance after consulting the National Assembly Standing Committee:

7. Requiring a special mechanism or policy which must be decided by the National Assembly.

Article 4. Criteria of offshore investment projects and works to be submitted to the National Assembly for decision on their investment

An offshore investment project or work which satisfies either of the following criteria is regarded as being of national importance:

1. Having a total offshore investment capital of VND 20 trillion or more, including a state capital amount of VND 7 trillion or more;

2. Requiring a special mechanism or policy which must be decided by the National Assembly.

Article 5. Dossiers of projects and works of national importance

A dossier of a project or work of national importance to be submitted by the Government to the National Assembly comprises:

1. The Government's report:

2. The investment report (pre-feasibility study report);

3. The State Appraisal Council's report:

4. Other relevant documents.

For a project or work with an extremely large total investment capital to be implemented over many years, the National Assembly may, after considering and deciding on a general investment guideline on the basis of an investment report (a pre-feasibility study report), assign the Government to formulate and submit an investment project (a feasibility study report) to the National Assembly for consideration and decision on specific investment guidelines.

Article 6. Procedures for and scope of verification by relevant National Assembly agencies

The Government's dossier of a project or work of national importance must be verified by a relevant National Assembly agency. The verification procedures and scope arc specified as follows:

1. At least 60 days before the opening of a National Assembly session, the Government shall send the dossier to the verifying agency for verification;

2. The verifying agency may request the investor, project-formulating agency and project-appraising agency to report on matters related to the project or work; conduct by itself or together with the investor and project-formulating agency field surveys of matters related to this project or work. Relevant agencies, organizations or individuals shall, at the request of the verifying agency, provide information and documents to serve the verification:

3. For domestic investment projects and works of national importance, the verifying agency shall verify the following principal contents:

a/ Satisfaction of the criteria of a project or work of national importance:

b/ Necessity of investment;

c/ Compliance with law;

d/ Conformity with socio-economic development master plan, sectoral development master plan; land and natural-resource use master plan: and plan on population resettlement and residence and cultivation sedentarization;

e/ Basic parameters of the project or work, including investment scale and form; location: land area to be used; implementation duration and schedule; main technological options; environmental protection solutions; capital sources, capital retrieval and loan repayment capability;

f/ Socio-economic benefits.

4. For offshore investment projects and works of national importance, the verifying agency shall verify the following principal contents:

a/ Satisfaction of the criteria of a project or work of national importance;

b/ Necessity of investment:

c/ Compliance with law;

d/ Risks likely to be incurred in the host country;

e/ Basic parameters of the project or work, including investment scale and form: location: implementation duration and schedule; capital sources, capital retrieval and loan repayment capability;

f/ Economic benefits.

Article 7. Responsibilities of the Government and members of the State Appraisal Council

1. The Government is responsible for the completeness and accuracy of dossiers of projects and works of national importance to be submitted to the National Assembly.

2. The chairman and members of the State Appraisal Council shall be held responsible before law for their comments or proposals.

Article 8. Order and procedures for considering and deciding on investment

1. Basing itself on the criteria specified in Articles 3 and 4 of this Resolution, the Government shall submit projects and works of national importance to the National Assembly for consideration and decision on their investment after obtaining verification opinions of relevant National Assembly agencies and after reporting them to the National Assembly Standing Committee.

2. The National Assembly shall consider and adopt a resolution on investment in each project or work of national importance. For a project or work with an extremely large total investment capital and a multi-year implementation duration, the National Assembly may consider and decide on a general investment guideline, then base itself on the investment project (the feasibility study report) decide on specific investment guidelines. Such a resolution must clearly indicate the investment scale and total investment capital; main technology(ies). for domestic investment projects and works; location and implementation duration and schedule; applicable special mechanisms and policies (if any).

3. Basing itself on the National Assembly's resolutions on projects and works of national importance, the Government shall organize the implementation thereof.

4. In case of a change in the objectives, an increase of over 10% of the total investment capital, or a prolongation of one year or more of the implementation duration of a project or work of national importance, the Government shall report such to the National Assembly at the nearest session for consideration and decision.

Article 9. Supervision of implementation of projects and works of national importance

1. The Government shall report, on an annual basis or at the request of the National Assembly, to the National Assembly on the implementation of projects and works of national importance for the latter to exercise its oversight power.

2. The National Assembly Standing Committee, the Nationalities Council, National Assembly's Committees. National Assembly delegations and National Assembly deputies shall, within the ambit of their respective tasks and powers, supervise the implementation of projects and works of national importance.

Article 10. Implementation provisions

1. This Resolution takes effect on August 1, 2010.

2. Resolution No. 66/2006/QH11 on projects and works of national importance to be submitted to the National Assembly for decision on their investment ceases to be effective on the effective date of this Resolution.

3. Component projects in projects and works of national importance to be submitted to the National Assembly for decision on their investment: and other ongoing projects and works which encounter problems arising in relation to any of the criteria specified in Articles 3 and 4 of this Resolution shall also be submitted to the National Assembly for consideration and decision to suit the reality.

Projects and works of national importance in which investment is decided by the National Assembly before the effective date of this Resolution may continue to be implemented under the National Assembly's resolutions on these projects and works.

4. The Government shall detail and guide the implementation of this Resolution.

This Resolution was adopted on June 19, 2010, by The XII^th National Assembly of the Socialist Republic of Vietnam at its 7th session.-