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NATIONAL
ASSEMBLY
OF VIETNAM
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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Resolution
No. 172/2024/QH15
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Hanoi,
October 11, 2024
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RESOLUTION
ON
THE INVESTMENT GUIDELINE OF NORTH-SOUTH HIGH-SPEED RAILWAY PROJECT
THE NATIONAL ASSEMBLY
Pursuant to Constitution of the
Socialist Republic of Vietnam;
Pursuant to the Railway Law No.
06/2017/QH14, which is amended by Law No. 35/2018/QH14 and Law No.
16/2023/QH15;
Pursuant to the Law on Public
Investment No. 39/2019/QH14, which is amended 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 Midterm Public
Investment Plan for the 2021 - 2025 period;
In consideration of the
Government's Proposal No. 767/TTr-CP dated November 10, 2024, the Verification
Report No. 3339/BC-UBKT15 dated November 12, 2024 of the Economic Committee of
the National Assembly, Report No. 1112/BC-UBTVQH15 dated November 30, 2024 of
the National Assembly Standing Committee on accepting, revising and explaining
the investment guideline of the North-South high-speed railway project, related
documents and opinions of National Assembly deputies;
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Article 1
Decision on the investment
guideline of North-South high-speed railway project (hereinafter referred to as
“Project")
Article 2
1. Objectives
Building a modern and uniform
high-speed railway to satisfy transportation needs, creating an important
driving force for rapid and sustainable socio-economic development, promoting
advantages on the North-South economic corridor, ensuring effective connection
between the East-West corridors and countries in the region, in conjunction
with ensuring national defense, security and international integration, protecting
the environment, responding to climate change, promoting the process of
industrialization and modernization, contributing to realizing the objectives
and tasks specified in the Documents of the 13th National Party Congress and
the Resolutions of the Communist Party of Vietnam.
2. Scope, scale, form of
investment:
a) Scope The project has a total
route length of about 1.541 km starting at Ngoc Hoi station (Hanoi), ending at
Thu Thiem station (Ho Chi Minh City), passing through 20 provinces and centrally
affiliated cities including: Hanoi, Ha Nam, Nam Dinh, Ninh Binh, Thanh Hoa,
Nghe An, Ha Tinh, Quang Binh, Quang Tri, Hue, Da Nang, Quang Nam, Quang Ngai,
Binh Dinh, Phu Yen, Khanh Hoa, Ninh Thuan, Binh Thuan, Dong Nai, Ho Chi Minh
City;
b) Scale: Investment in a new
double-track line with a gauge of 1.435 mm, design speed of 350 km/h, payload
of 22,5 tons/axle; 23 passenger stations, 05 freight stations; vehicles,
equipment; a high-speed railway for passenger transport, meeting dual-use
requirements for national defense and security, and capable of transporting
goods when needed;
c) Form of investement: Public
investment.
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4. Estimated total land use demand
and displaced population:
a) The estimated total land use
demand of the Project is about 10,827 ha, including: about 3.655 ha of land for
rice cultivation, about 2.567 ha of forestry land and about 4.605 ha of other
types of land in accordance with the land law. Where: about 3,102 ha is land
for paddy cultivation with at least 02 harvests is; about 243 ha is special-use
forest, about 653 ha is protective forest, about 1.671 ha is production forest;
b) The estimated displaced population:
about 120.836 people.
5. Estimated total investment and
capital sources:
a) The estimated total investment
of the Project: 1.713.548 billion VND (one million, seven hundred and
thirteen thousand, five hundred and forty-eight billion dong);
b) State budget capital allocated
in midterm public investment plans and other lawful sources.
6. Implementation progress: prepare
a feasibility report from 2025, strive to basically complete the Project by
2035.
Article 3
The Project applies the following
specific and special mechanisms and policies:
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a) Issuing Government bonds to
supplement the annual budget and investment plan for the Project in case the
annually allocated State budget estimate is insufficient;
b) Mobilizing official development
assistance (ODA) capital and foreign concessional loans to implement the
Project without having to prepare a Proposal to use ODA capital and foreign
concessional loans for the Project; applying the regulations of foreign donors
in case Vietnamese law does not regulate such matter or specifies different
from the regulations of the foreign donors;
c) Using funds obtained from the
increase in revenues and decrease in expenses of annual central government
budget expenditure (if any) and other lawful sources of capital for the Project
the annually allocated State budget estimate is insufficient. The use of funds
obtained from the increase in revenues and decrease in expenses does not have
to be implemented in the order of priority as prescribed by the law on the
State budget.
2. Capital shall be allocated for
the Project during the midterm public investment planning periods; the capital
allocated for each midterm public investment planning period is consistent with
the progress of the Project and there is no limit on the portion of capital of
the Project carried forward to the next midterm public investment planning
period. The Prime Minister shall make decision on revision of the midterm public
investment plan and the annual central government budget capital between
ministries, central agencies and local authorities to allocate capital for the
Project.
3. The Project is not subject to an
appraisal of the capital balance capacity in accordance with the Law on Public
Investment.
4. Regarding the development, use
of land banks and added value from land in the vicinity of high-speed railway
stations;
a) The provincial People's
Committee shall prepare and revise zoning plans and detailed plans for the
vicinity of railway stations to determine the location, boundaries and area of
repossessed land. In the vicinity, the Provincial People's Committee is
allowed to decide the planning, architecture, technical infrastructure, social
infrastructure indicators, and spatial requirements other than those prescribed
in national technical regulations, but must ensure that they meet the
requirements for technical infrastructure and social infrastructure systems;
adjust the use of land in the vicinity of railway stations to use land banks
and added value from land;
b) In case there are new proposals
that are different from the approved content approved urban planning and land
use planning when preparing or revising the planning for vicinity of railway
stations, the decision on approval of the planning for the vicinity shall
prevail and it is not required to follow the procedure to revise the previously
approved planning;
c) The provincial People's Council
shall make decision on using the local government budget to execute an
independent public investment project for recompense, support and resettlement
in accordance with the planning for the vicinity of the railway station to
create a land bank for auction for urban development in accordance with law;
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5. Regarding mineral extraction for
common construction materials used for the Project:
a) For mines supplying the Project
with common construction materials that have been licensed and are still in
operation, or have exceeded the mining period but are still undepleted and have
not undergone mine closure procedures, the Provincial People's Committee shall:
- Adjust the mining reserves,
extend the mining period, increase the capacity according to the Project's
needs without having to (i) revise the provincial planning, (ii) prepare an
revised mining investment project to carry out procedures for deciding or
approving investment guideline, and (iii) carry out procedure for appraisal and
approval of appraisal results of environmental impact assessment report, and
issuance of environmental permit;
- Cease capacity expansion after
having provided sufficient resources for the Project;
b) For mines included in the dossier
on survey of construction materials used for the Project but have not been
granted a mining license:
- The Provincial People's Committee
shall make decision to adjust, add these mines to the geological and mineral
management plan in the provincial planning without having to carry out the
procedures for revision of the provincial planning; use the Project's reserves
to organize land repossession, recompense, support, and resettlement of the
mine area after it has been surveyed and undergone reserve and quality
assessment according to the Project's requirements and other contents in
accordance with law on geology and minerals for the purpose of allocating mines
to organizations, individuals extracting minerals for the Project; manage,
supervise the implementation process and manage after the completion of the
Project;
- Organizations, individuals
extracting minerals for the Project do not have to carry out the procedures for
issuance of mining licenses for mines of minerals used as common construction
materials included in the dossier on survey of construction materials used for
the Project; do not have to establish a mineral exploitation investment project
and prepare an environmental impact assessment report but have to make an
environmental protection commitment including the following contents: listing
construction items and activities that are likely to have a negative impact on
the environment; identifying affected objects, sensitive environmental factors
at the mining site; identifying, assessing, and forecasting the main environmental
impacts, waste generated; scale and nature of waste; impacts on biodiversity,
natural heritage, historical - cultural relics and other sensitive factors;
works, measures to minimize environmental impacts corresponding to technical
regulations applied to each waste source; identifying, assessing possible
environmental incidents and plans to prevent and respond to incidents;
solutions, lists, volumes, implementation plans, and budget estimates for
environmental renovation and remediation;
- Organizations, individuals
extracting minerals for the Project shall pay taxes, fees and fulfill other
financial obligations as prescribed;
- Mineral extraction and use shall
be carried out until Project completion and must be managed and supervised as
prescribed by law;
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d) Based on practical conditions,
the Provincial People's Committee shall review, provide guides to
organizations, individuals extracting minerals for the Project to independently
assess the impact to river beds, banks and terraces for river bed sand and
gravel mines located in river and stream section with high risk of landslides to
ensure compliance with regulations on river bed sand and gravel management and
protection of river beds, banks and terraces; inspect and control mineral use
in accordance with law.
6. Regarding the construction solid
waste disposal site and topsoil of land for paddy cultivation:
a) The Provincial People's
Committee shall make decision on land repossession, recompense, support, and
resettlement with respect to the construction solid waste disposal sites specified
in the Project survey dossier and hand over the land to the contractor for the
disposal of construction waste of the Project;
b) The Provincial People's
Committee shall manage the construction solid waste disposal sites of the
Project in accordance with land laws, laws on environment, and other relevant
laws;
c) The Provincial People's
Committee shall develop a plan for using the topsoil of dedicated land for
paddy cultivation repossessed from the Project. The development of the plan for
using the topsoil of dedicated land for paddy cultivation repossessed from the
Project shall be carried out in accordance with laws on crop production.
7. Development of science,
technology, and human resource training for the Project:
a) Organizations and individuals
participating in scientific and technological activities for the Project are
entitled to the following policies:
- Organizations and individuals
leading scientific and technological activities for the Project may decide
limited bidding, direct contracting, order placement to select suppliers of
services, goods;
- Enterprises are entitled to
benefits as high-tech enterprises as stipulated by the high-tech laws during
the execution of scientific and technological tasks for the Project;
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b) Organizations and individuals
participating in high-tech human resource training for the Project are entitled
to preferential policies as stipulated by the high-tech laws.
8. Regarding industrial development
and technology transfer:
a) The Government shall stipulate
criteria for selecting organizations and state-owned enterprises to assign
tasks or other Vietnamese enterprises to place orders on railway industrial
services and goods; research, apply, and receive technology transfer;
b) The Prime Minister shall compile
the list of railway industrial services and goods to be provided by state-owned
enterprises and organizations by assignment or by Vietnamese organizations and
enterprises by order placement;
c) General contractors and
contractors must prioritize the use of domestic products, goods, and services;
d) In case of contract packages
open to international bidding, the bidding documents must include commitment conditions
of the general contractor and foreign contractor on technology transfer and
human resource training for Vietnamese partners to take control of the
management, operation, and maintenance work; and gradually take control of the
technology.
9. The authority with the
competence to make investment decisions shall decide the division of Project
into component projects, sub-projects when approving the Project. The division
of Project into component projects, sub-projects does not have to comply with
construction laws.
10. Regarding the authority to
decide the revision of the investment guideline of the Project and modification
of the Project:
a) During the time the National
Assembly is not in session, the National Assembly shall authorize the National
Assembly Standing Committee to review and decide the revision of the investment
guideline of the Project, except for cases of increasing the total investment
of the Project;
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11. Architectural designs of high-speed
railway station projects do not have to be selected through an architectural
design competition.
12. Regarding recompense, support, and
resettlement:
a) Vietnam Electricity (EVN) shall
take charge in organizing implementation of the sub-projects for the relocation
of power works with voltages of 110 kV or higher;
b) The People's Committees of the
provinces where the Project passes through shall construct a resettlement area
for the Project based on the preliminary design dossiers in the Pre-feasibility
study report for which the National Assembly has decided on the investment
guideline;
c) The head of the competent
authority shall decide whether to apply direct contracting for consulting
service, non-consulting service and construction contract packages for
recompense, support and resettlement. The procedures for direct contracting
shall comply with the law on bidding;
d) In case of necessity, at the
request of local authorities, the Project investor shall develop and send a
regulatory policy framework for recompense, support and resettlement to the
Prime Minister for decision.
13. The Project may have a Front -
End Engineering Design (FEED) to replace the basic design in the feasibility
report of the Project.
14. Regarding forest repurposing
and suspension of use of forests:
a) The forest repurposing guideline
shall be carried out in the phase of conducting a feasibility study of the
Project. The Proposal of the forest repurposing guideline is a component of the
feasibility report of the Project. The Project approval decision is also the
Decision on the forest repurposing guideline;
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15. Regarding the establishment of
total investment and contract package estimates:
a) For existing work items that are
not suitable or are not included in the system of construction norms and unit
prices issued by competent authorities, the Project may apply the system of
construction norms and construction prices of similar railway projects in the
world and such values shall be converted to the time of calculation;
b) For items with costs that cannot
be determined in accordance with Point a of this Clause, it is allowed to
determine costs in accordance with the investment capital ratio of similar
railway projects in the world and such values shall be converted to the time of
calculation;
c) For costs that are not yet
regulated by Vietnamese law or have been regulated but are not suitable for
railway projects with similar nature and implementation conditions, costs of
railway projects with similar nature and implementation conditions in the world
may be applied.
16. After the National Assembly issues
the investment guideline decision, the Project shall be added to the list in the
midterm public investment plan and be allocated capital in the annual public
investment plan to carry out pre-implementation activities, including:
a) Expenditure targets of the
investor, the Project Management Board; training of human resources of state
agencies, project management units, operating units, training facilities, and
research facilities;
b) Payment for consulting services
for the Project;
c) Recompense, support, and
resettlement tasks specified in Points b and c of Clause 12 of this Article;
d) Publicity-related tasks and
other tasks serving the preparation of investment in the Project.
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a) When selecting contractors for
EPC packages and contract packages for consulting services using foreign
contractors, the composition of the Appraising team shall comply with the law
on bidding and include representatives of the Ministry of National Defense, the
Ministry of Public Security, the Ministry of Planning and Investment, the
Ministry of Finance, the Government Inspectorate and the State Audit Office;
b) The investor shall send the
total investment dossier completed in accordance with appraisal report of the
investment decision-making authority to the State Audit Office to conduct an
audit as a basis for approving the Project. The State Audit Office shall send
the audit results to the investment decision-making authority within 30 days
from the date of receipt of the complete audit application.
18. During the time the National
Assembly is not in session, the National Assembly shall authorize the National
Assembly Standing Committee to review and decide the amendments to specific and
special mechanisms and policies for the Project.
19. The Government shall issue a
Decree detailing the contents, procedures, and authority to implement specific
and special mechanisms and policies of the Project.
Article 4
1. The Government shall be
accountable to the National Assembly for:
a) Implementation and management of
the Project investment in accordance with this Resolution and relevant laws;
ensuring the Project is on schedule and of good quality;
b) Managing and using capital and
resources economically and effectively, preventing corruption, waste and
misconduct; carrying out a publicity campaign to obtain the people’s support
for the Project’s investment guideline;
c) Directing the management,
operation and maintenance to ensure safety and efficiency.
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3. Local authorities and EVN are
accountable to the Government for ensuring the progress and quality of tasks of
recompense, support, resettlement and sub-projects assigned.
4. The specialized project
management board shall be brought to full strength to be capable for investment
management of the Project
5. Vietnam Railways shall take over
the management and maintenance of infrastructure and organize operation; mobilize
investment in vehicles from other enterprises; continue to restructure and
develop a model of management and maintenance of infrastructure ensuring unity,
modernity and efficiency; participate in the development of the railway
industry.
Article 5
1. The Vietnam Fatherland Front and
its member organizations, within their jurisdiction, shall carry out a
publicity campaign to obtain the people’s support for the Project’s investment
guideline and supervise the implementation of the project in accordance
herewith.
2. The National Assembly Standing
Committee, the Economic Committee, the Ethnic Council, other National Assembly
Committees, National Assembly delegations, and National Assembly deputies,
within their jurisdiction, shall supervise the implementation of the project in
accordance herewith.
3. The State Audit Office, within
their jurisdiction, shall audit the implementation of the Project in accordance
herewith.
This Resolution was ratified in
the 8th National Assembly’s session by the 15th National Assembly of the
Socialist Republic of Vietnam, on November 30, 2024.
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PRESIDENT
OF THE NATIONAL ASSEMBLY
Tran Thanh Man