Nghị quyết 66/2006/NQ-QH11

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/NQ-QH10 bổ sung điều của Hiến pháp nước cộng hoà xã hội chủ nghĩa Việt Nam năm 1992">51/2001/QH10 of December 25, 2001, of the Xth National Assembly, the 10th session;
Pursuant to Article 2 of the Law on Organization of the National Assembly;
Having considered Report No. 1243/UBKHCNMT11 of May 12, 2006, of the National Assembly's Committee for Science, Technology and Environment; Verification Report No. 2561/UBKTNS of May 15, 2006, of the National Assembly's Economic and Budgetary Committee; and opinions of National Assembly deputies,

RESOLVES:

Article 1.-

1. To promulgate regulations on the criteria of projects and works of national importance; and order, procedures and contents of dossiers of projects and works to be submitted by the Government to the National Assembly for consideration and decision on their investment.

2. Project or work of national importance mentioned in this Resolution means an investment project, an independent work or a combination of closely interlinked works satisfying the criteria specified in Article 2 of this Resolution.

Article 2.-

Projects or works which satisfy one of the following five criteria shall be considered projects or works of national importance:

1. Having an investment capital of VND 20 thousand billion or more each, for projects or works with state capital representing thirty per cent or more of their capital.

2. Projects or works which greatly affect the environment or have latent potential to seriously affect the environment, including:

a/ Nuclear power plants;

b/ Land-using investment projects requiring change of the use purpose of headwater protective forest land of two hundred hectares or more; of wave-breaking or sea-encroaching protective forest land of five hundred hectares or more; of special-use forest land of two hundred hectares or more, except forest land areas belonging to national parks or nature conservation zones; or of production forest land of one thousand hectares or more.

3. Projects or works requiring relocation and resettlement of twenty thousand people or more in mountain areas or fifty thousand people or more in other areas.

4. Investment projects or works in geographical areas of special national defense or security significance or areas where exist national relics of special historical-cultural significance.

5. Projects or works subject to particular mechanisms or policies which should be decided by the National Assembly.

Article 3.-

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

1. The Government's report;

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

3. The State Evaluation Council's report;

4. Other relevant documents.

Article 4.-

The Government's dossiers of projects or works of national importance must be verified by the concerned National Assembly agencies. The verification procedures and scope are specified as follows:

1. At least sixty days before the opening of a National Assembly session, the Government shall send dossiers to verifying agencies for verification;

2. The verifying agencies may request investors, project-formulating agencies and project-evaluating agencies to report on matters related to projects or works of national importance; conduct by themselves or together with investors and project-formulating agencies field surveys of matters related to projects or works of national importance. Agencies, organizations or individuals shall, at the request of the verifying agencies, supply information or documents in service of the verification of projects or works of national importance;

3. The verifying agencies shall verify the following principal contents:

a/ Necessity of the investment;

b/ Conformity with socio-economic development plannings, branch or domain development plannings; land and natural-resource use plannings; and plans on population relocation and production stabilization resettlement;

c/ Observance of the provisions of law;

d/ Satisfaction of the criteria of projects or works of national importance;

e/ Basic parameters of projects or works, including investment scale and form; location; land area to be used; time and progress of execution; technological options; environmental protection solutions; capital sources, capital retrieval and loan repayment capability;

f/ Socio-economic benefits at the pre-feasibility report level.

Article 5.-

1. Investors shall be responsible for the completeness and truthfulness of dossiers of projects or works of national importance to be submitted to the National Assembly.

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

Article 6.-

1. Basing itself on the criteria specified in Article 2 of this Resolution, the Government shall submit projects or works of national importance to the National Assembly for consideration and decision on their investment after obtaining the verification opinions of the concerned National Assembly agencies and after reporting them to the National Assembly Standing Committee.

2. The National Assembly shall consider and approve a resolution on investment in each project or work of national importance. Such resolution shall clearly state the scale of investment and total investment capital; main technologies; location, time and progress of execution of the project or work; and applicable particular mechanisms and policies (if any).

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

4. Annually or when requested by the National Assembly, the Government shall report to the National Assembly on the execution of projects or works of national importance. In case of changes in the objectives, increasing investment capital by more than ten per cent or prolonging the execution duration of projects or works of national importance, the Government shall report them to the National Assembly at the nearest session for consideration and decision.

Article 7.- The National Assembly Standing Committee, the Nationalities Council, National Assembly's Committees, National Assembly Delegations, and National Assembly deputies shall, within the scope of their respective tasks and powers, supervise the implementation of the National Assembly's Resolutions on projects and works of national importance.

Article 8.-

This Resolution shall take effect on October 1, 2006.

This Resolution replaces Resolution No. 05/1997/QH10 of November 29, 1997, on the criteria of works of national importance to be submitted to the National Assembly for consideration and decision on their investment. To annul regulations detailing and guiding the implementation of Resolution No. 05/1997/QH10.

Projects and works of national importance already decided by the National Assembly shall continue to be executed.

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

This Resolution was adopted on June 29, 2006, by the XIth National Assembly of the Socialist Republic of Vietnam at its 9th session.