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GOVERNMENT |
SOCIALIST REPUBLIC OF VIETNAM |
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Number: 91/NQ-CP |
Hanoi, day 25 month 7 year 2022 |
IMPLEMENTING RESOLUTION NO. 60/2022/QH15 DATED JUNE 16, 2022 OF THE NATIONAL ASSEMBLY ON INVESTMENT POLICIES FOR THE CONSTRUCTION PROJECT OF CHAU DOC - CAN THO - SOC TRANG EXPRESS ROAD PHASE 1
GOVERNMENT
Pursuant to the Law on Government Organization dated June 19, 2015; Law amending and supplementing a number of articles of the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;
Pursuant to the Law on Public Investment dated June 13, 2019; Law amending and supplementing a number of articles of the Law on Public Investment, Law on Investment by public-private partnership, Law on Investment, Law on Housing, Law on Bidding, Law on Electricity, Law on Enterprises, Law on Consumption Tax special and the Law on Enforcement of Civil Judgments dated January 11, 2022;
Pursuant to Resolution No. 43/2022/QH15 dated January 11, 2022 of the National Assembly on fiscal and monetary policies to support the socio-economic recovery and development program;
Pursuant to Resolution No. 60/2022/QH15 dated June 16, 2022 of the National Assembly on investment policy of Chau Doc - Can Tho - Soc Trang expressway construction investment project, phase 1;
At the request of the Minister of Transport;
Based on the voting results of Government Members.
RESOLUTION:
Article 1. Implementing the Chau Doc - Can Tho - Soc Trang Expressway Construction Investment Project, phase 1 (hereinafter referred to as the Project) whose investment policy was decided by the National Assembly in Resolution No. 60/2022/QH15 dated June 16, 2022 and implement fiscal and monetary policies to support the socio-economic recovery and development program according to Resolution No. 43/2022/QH15 dated January 11, 2022 of the National Assembly to ensure compliance comply with legal regulations, progress and quality of works, strictly manage and use capital economically, effectively, openly and transparently; As follows:
1. Chairperson INCUBATEPeople's Committees of provinces and cities: An Giang, CThan Tho, Hau Giang, Soc Trang exercise the authority of the person deciding on investment, organizing the establishment and executionADetermination and decision to approve component projects are approved by the Prime Ministerincubate decentralized as the governing body. The order, procedures, authority to appraise and decide on investment in component projects are implemented similarly to group A projects according to legal regulations on public investment. The preparation, appraisal, and decision to approve the results of the appraisal of the environmental impact assessment report are carried out according to each component project.
2. Chairman of the People's Committees of provinces and cities: An Giang, Can Tho, Hau Giang, Soc Trang and people with authority to organize land recovery, compensation, support, and resettlement apply the form of guidance. bidding for 2 years 2022 and 2023 for consulting and construction packages related to component projects, bidding packages for relocation of technical infrastructure, bidding packages for compensation, site clearance and resettlement. The order and procedures for appointing contractors comply with the provisions of bidding law. As for construction and installation bidding packages of component projects (not including construction and installation bidding packages for relocation of technical infrastructure, compensation, site clearance and resettlement), the appointment of contractors comes with savings requirements. Minimum 5% estimated value of the bidding package (not including contingency costs).
3. Allow the People's Committees of provinces and cities: An Giang, Can Tho, Hau Giang, Soc Trang to simultaneously carry out a number of tasks related to compensation, support, resettlement and determination solid waste dumping sites built during the project preparation phase, including:
a) Organize the preparation, approval, and handover of site clearance pile design documents of component projects in each phase (depending on the technical complexity of each route section), basically completing completed before January 20, 2023 for localities to organize site clearance work. The site clearance pile design dossier will be updated to ensure compliance with the approved investment project.
b) Localities organize the review and approval of district-level land use planning and plans to ensure sufficient facilities and grounds for carrying out site clearance work; Carry out other work related to site clearance work.
c) Based on the site clearance pile design documents, localities preliminarily determine resettlement needs, review land funds and resettlement house funds to determine locations and forms of resettlement. ; organize investment projects to build resettlement areas; Implement site clearance for resettlement areas (if any).
d) Localities determine the location and area of construction solid waste dumping sites to meet the needs of component projects; Carry out related work such as environmental impact assessment, site clearance of construction solid waste dumping sites (if any) to ensure construction progress.
4. Allows simultaneous implementation of procedures to shorten the time to perform the following tasks: Appraisal and decision to approve the results of appraisal of environmental impact assessment reports; Verify and decide on compensation, support and resettlement policy framework; survey, prepare, appraise and approve investment projects; survey, prepare, appraise, approve technical designs, estimates and select contractors; Other related work to ensure implementation progress of component projects; The above procedures need to comply with the stages and steps of construction design according to the provisions of construction law.
5. For the exploitation of mineral mines as common construction materials included in the Construction Materials Survey Document serving the Project, the mechanisms in Resolution No. 60/NQ-CP June 16, 2021, Resolution no 133/NQ-CP October 19, 2021 of the Government and the following specific mechanisms:
a) For riverbed sand and gravel mines that have been licensed, are in operation, and have a remaining exploitation period in the Mekong Delta region
– The Provincial People's Committee is allowed to decide to increase the capacity to no more than 50% of the capacity stated in the exploitation license only for the purpose of serving the Project (not increasing the licensed reserves) without having to set up an investment project. adjustment, environmental impact assessment (environmental impact assessment report or environmental protection plan) or certificate of completion of environmental protection works after the exploitation organization or individual has signed. Written commitment to provide materials to project contractors. The content of the mining license (adjustment) must identify the mineral user as the project contractor. After mining to provide enough volume for the Project, stop increasing capacity and continue mining according to the capacity specified in the issued mineral exploitation license.
– Mining organizations and individuals must establish a system and carry out monitoring, supervision, and assessment of impacts on river beds, banks, and beaches according to legal regulations; Take all responsibility for ensuring safety and environmental protection requirements during exploitation, not changing the flow, not causing landslides in riverbeds, banks, or beaches. It is strictly forbidden to raise prices or force prices; any violation must be strictly handled according to the provisions of law.
a) For mineral mines included in the Construction Materials Survey Document serving the Project but have not yet issued a Mining License
– Before exploiting mineral mines for use as common construction materials as prescribed in Clause 2, Article 5 of Resolution No. 43/2022/QH15 of the National Assembly, construction contractors must prepare documents to register the area, capacity, volume, method, equipment and exploitation plan at the People's Committee. provincial level where mineral mines are located; Carry out environmental impact assessment and fully fulfill the obligation to pay fees for mineral exploitation rights, taxes, fees and charges according to the provisions of law. Document components as prescribed in Clause 1, Article 53 of Decree No. 158/2016/ND-CP dated November 29, 2016 of the Government detailing the implementation of a number of articles of the Mineral Law; Procedures for carrying out registration procedures as prescribed in Article 62 of Decree No. 158/2016/ND-CP and according to the guidance of the Ministry of Natural Resources and Environment.
– After mining enough minerals to supply the Project, the contractor is responsible for fulfilling the obligations of environmental improvement and restoration, handing over mineral mines and land to local management according to regulations. mineral laws and other relevant laws.
4. Some specific tasks of ministries, agencies and localities
a) The Ministry of Transport is the focal agency to organize the implementation of the following general tasks:
– Preside and coordinate with the Ministry of Finance, relevant ministries, agencies and localities to develop a plan to recover investment capital. The project will repay the central budget and local budget according to the investment capital contribution ratio. into Project.
– Chincubate Maintain a report to the competent authority to consider and decide on adjusting the investment policy of the Project in case of factors leading to the need to adjust the investment policy.
– Coordinate with the People's Committees of provinces and cities to be the governing body in preparing investment in component projects.
– Coordinate with the People's Committees of provinces and cities to review regulations, standards, technical solutions, and total investment of component projects in the feasibility study report step according to the provisions of law. Ensuring project quality, saving money and preventing waste.
– Check and monitor compliance with construction standards, national sector planning in the field of transportation, investment plans, construction of works, projects, synchronous connection with the construction network Traffic is operating.
– Guide project implementation processes for localities to ensure synchronous and unified implementation; technical support, coordination in solving difficulties and problems related to specialized technical issues (regulations, standards, technical solutions...); inspect, supervise and urge localities decentralized to be the managing agencies during the implementation process, ensuringunmarketablen Project degree.
– Preside over the development of Government Reports and Proposals to competent authorities on the implementation of the Project according to regulations.
– Receive the project after the managing agency completes the construction to manage, operate, exploit and maintain according to the provisions of law.
b) Ministry of Planning and Investment
– Preside and coordinate with the Ministry of Finance to advise on capital allocation to implement the Project to meet the required schedule.
– Guide and resolve according to authority or advise the Government and Prime Minister to remove difficulties (if any) related to the selection of contractors to implement the Project.
c) The Ministry of Finance guides and resolves according to its authority the contents of taxes, fees and charges related to the Project; Coordinate with the Ministry of Transport to develop a plan to recover project investment capital to repay the central and local budgets according to the ratio of project investment capital.
d) The Ministry of Construction guides and resolves within its authority or advises the Government and Prime Minister to remove difficulties related to project management, cost management, construction norms, and materials. construction materials, construction quality management and construction contracts; Guide and inspect localities to announce prices of common construction materials in accordance with legal regulations.
d) Ministry of Natural Resources and Environment
– Urgently appraise and decide to approve the results of the environmental impact assessment report for each component project, completed before December 10, 2022; Verify the compensation, support, and resettlement policy framework, ensuring submission to the Prime Minister before November 25, 2022.
– Guide and resolve according to authority or advise the Government and Prime Minister to remove obstacles in implementing compensation, support, resettlement and mining minerals for construction materials. Regular construction to serve the Project.
e) The Ministry of National Defense directs affiliated units to soon agree on the contents and carry out site clearance work in areas related to defense land to ensure project progress and urgently carry out the review work. , destroy bombs, mines, and explosives to ensure the progress of handing over the site to the construction contractor.
g) The Ministry of Public Security directs affiliated units to promptly approve projects with fire prevention and fighting requirements; Direct relevant agencies and units to coordinate with localities in site clearance, ensuring security, order and coordination.belchp, support the People's Committees of provinces and cities throughout the process of project implementation and construction.
h) The Ministry of Industry and Trade, the Ministry of Information and Communications, and the Ministry of National Defense direct affiliated units, groups and corporations (EVN, VNPT, Viettel...) to urgently relocate technical infrastructure works due to We manage and ensure the progress of handing over the site to the construction contractor.
i) People's Committees of provinces and cities: An Giang, Can Tho, Hau Giang, Soc Trang
– Take full responsibility for the progress, quality, and efficiency of the project for component projects under management; Absolutely do not let negativity or waste occur that causes loss of state assets.
– Urgently review and strengthen the organizational structure and personnel of investors and the Project Management Board to ensure sufficient capacity and experience according to legal regulations to deploy and execute component projects. decentralized as the governing body.
– Establish a Steering Committee of the province and city to direct the implementation of the Project immediately after this Resolution is issued.
– Responsible for ensuring capital sources according to regulations Clause 4, Article 3 of Resolution No. 60/2022/QH15 of the National Assembly and the project's compensation, support and resettlement progress. In case the cost of compensation, support, and resettlement in a locality increases or decreases compared to the cost of compensation, support, and resettlement in the preliminary total investment of the Project, that locality has Responsibility for balancing capital sources from the local budget according to the capital contribution ratio for compensation, support and resettlement costs of the Project.
– Implement the authority and responsibility of the investment decider according to current regulations in organizing the implementation of decentralized component projects, ensuring quality and basic progress in completing a number of recorded route sections. large traffic volume in 2025, basically complete the entire route in 2026 and complete and put into synchronous operation the entire project in 2027.
– Organize the preparation of environmental impact assessment reports for decentralized component projects, completed before November 12, 2022 for appraisal and approval by the Ministry of Natural Resources and Environment.
– The People's Committee of An Giang province presides and coordinates with the People's Committee of Can Tho city to organize the establishment of a compensation, support and resettlement policy framework for component 1 project with land recovery related to An Giang province and Can Tho city, completed before October 31, 2022; The People's Committee of Soc Trang province presides and coordinates with the People's Committee of Hau Giang province to organize the establishment of a compensation, support and resettlement policy framework for component 4 project with land recovery related to 02 provinces. Hau Giang and Soc Trang, completed before October 31, 2022 for the Ministry of Natural Resources and Environment to verify and ensure submission to the Prime Minister before November 25, 2022.
– Organize the preparation, verification, appraisal, and decision to approve decentralized component projects, completed before January 20, 2023 and carry out subsequent work, ensuring construction starts before June 30 2023.
– Organize surveys and prepare construction materials survey documents to serve decentralized component projects.
– Preside and coordinate with the Ministry of Transport to review the scope and total investment of component projects in the feasibility study report step according to the provisions of law, ensuring savings and preventing waste.
– Inspect and review provincial-level plans related to the Project to promptly adjust according to current regulations, ensuring the investment efficiency of the Project is promoted.
– Organize the implementation of compensation, support, resettlement and identify construction solid waste dumping sites to ensure project progress; in there:
+ Assign tasks to public land service organizations or establish a Compensation, Support and Resettlement Council to carry out site clearance work immediately after this Resolution is issued;
+ Organize and simultaneously carry out a number of tasks related to compensation, support, resettlement and identification of construction solid waste dumping sites according to the provisions of Clause 3 of this Article; strive to hand over 70% of the floor area of construction and installation packages starting before June 30, 2023 and basically hand over the remaining area before December 31, 2023;
+ Strictly manage the issuance of land prices and land price adjustment coefficients to ensure compliance with the law, absolutely not increasing site clearance compensation costs unreasonably; Direct agencies and units to review and unify funding for site clearance compensation according to the policy framework approved by the Prime Minister and legal regulations.
– Announcing prices of common construction materials according to monthAm rights and legal regulations.
– Inspect, control and strictly manage construction material prices; Direct affiliated agencies and units to regularly monitor and closely follow developments in the construction market to promptly update and announce prices of common construction materials according to legal regulations.
Article 2. Implementation organization
1. This Resolution takes effect from the date of signing.
2. Ministry of Transport, People's Committee of An Giang province, People's Committee of Can Tho city, People's Committee of Hau Giang province, People's Committee of Soc Trang province, ministries, agencies and localities have concerned are responsible for implementing the authority and tasks assigned in this Resolution and the Prime Minister's Decision on decentralizing the implementation of projects and component projects of expressway sections in the form of investment. Public and private sector under the Socio-Economic Recovery and Development Program.
During the implementation process, in case problems arise beyond their authority, localities send them to the Ministry of Transport to summarize and report to the Government and Prime Minister for consideration and decision.
3. The Ministry of Information and Communications, news and press agencies coordinate with the Central Propaganda Department and ministries, agencies and localities to widely organize and disseminate the policy of implementing the Project in sectors, levels and people.
4. Ministers, Heads of ministerial-level agencies, Heads of Government agencies, Chairmen of People's Committees of provinces and centrally-run cities and relevant agencies and units are responsible for implementing the content of this Resolution./.
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Recipients: |
TM. GOVERNMENT Le Van Thanh |
