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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.
187/2025/QH15
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Hanoi, February
19, 2025
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RESOLUTION
ON
THE INVESTMENT GUIDELINE OF THE INVESTMENT PROJECT FOR CONSTRUCTION OF THE LAO
CAI - HANOI - HAI PHONG RAILWAY LINE
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 Law on Public Investment No.
58/2024/QH15;
Pursuant to Resolution No. 158/2024/QH15 dated
June 29, 2024 of National Assembly on the Socio-Economic Development Plan in
2025;
In consideration of the Government's
Proposal No. 69/TTr-CP dated February 08, 2025, the Verification Report No.
3526/BC-UBKT15 dated February 11, 2025 of the Economic Committee of the
National Assembly, Report No. 1193/BC-UBTVQH15 dated February 18, 2025 of the
National Assembly Standing Committee on accepting, revising and explaining the
investment guideline of the Investment project for construction of the Lao Cai
- Hanoi - Hai Phong railway line, related documents and opinions of National
Assembly deputies;
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Article 1
Decision on the investment
guideline of the investment project for construction The Lao Cai - Hanoi - Hai
Phong railway line (hereinafter referred to as “Project")
Article 2
1. Objectives
Building a new, modern and uniform railway line to meet
the domestic and international transport needs between Vietnam and China;
creating an important driving force for rapid and sustainable socio-economic
development, promoting advantages of the Lao Cai - Hanoi - Hai Phong economic
corridor, ensuring effective connection of domestic and international railway
networks, associated with ensuring national defense, security and international
integration, protecting the environment, responding to climate change;
promoting the process of industrialization and modernization of the country;
contributing to realizing the objectives and tasks according to the Documents
of the 13th National Party Congress and Resolutions of the Communist Party of
Vietnam.
2. Scope, scale, forms of
investment:
a) Scope starting point at the border rail (Lao Cai
province), ending point at Lach Huyen station (Hai Phong city); main line
length of about 390,9 km; branch line length of about 27,9 km; passing through
09 provinces and centrally affiliated cities including: Lao Cai, Yen Bai, Phu
Tho, Vinh Phuc, Hanoi, Bac Ninh, Hung Yen, Hai Duong and Hai Phong;
b) Scale: investment in a new single-track track
line with a gauge of 1.435 mm; used for both passenger and cargo transport;
design speed of 160 km/h for the main line from the new Lao Cai station to Nam
Hai Phong station, design speed of 120 km/h for the section through the Hanoi
city hub area, design speed of 80 km/h for the remaining lines;
c) Form of investement: Public investment.
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4. Scope of land repossession, estimated total land
use demand and displaced population:
a) Scope of land repossession: carry out land
repossession in accordance with planning scale (double track for the main line
from the new Lao Cai station to Nam Hai Phong station and single track for the
remaining lines).
The estimated total
land use demand is about 2.632 ha, including: about 716 ha of land for rice
cultivation (including 709 ha land for paddy cultivation with at least 02
harvests), about 878 ha of forestry land and about 1.038 ha of other types of
land in accordance with the land law.
b) The estimated displaced population: about 19.136
people.
5. Estimated total investment and capital sources:
a) The estimated total investment of the Project:
203.231 billion VND (two hundred and three thousand, two hundred and thirty
one 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 complete the Project by 2030 at the latest.
Article 3
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1. During the implementation of the Project, the
Prime Minister shall decide the following:
a) Issuing Government bonds make up for the deficit
compared to the annual public investment plan and estimate approved by the
National Assembly without increasing the state budget deficit;
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 the sources of revenue, savings 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 increased revenue and savings of expenditure does not
have to be implemented in the order of priority as prescribed by the law on the
State budget.
2. The Project is not subject
to an appraisal of the capital balance capacity in accordance with the Law on
Public Investment.
3. Regarding the development,
use of land banks and added value from land in the vicinity of 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 funds 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
urban development in accordance with law;
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4. Regarding the extraction of
Group IV minerals and minerals used as common construction materials belonging
to Group III minerals in accordance with the Law on Geology and Minerals
(hereinafter referred to as minerals used as common construction materials)
used for the Project:
a) For mines of mineral used as 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 and environmental registration but
must ensure requirements on labor safety and environmental protection in mining;
- 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 and individuals
extracting minerals for the Project are granted license to extract minerals for
common construction materials without having to auction mining rights; for
regular construction material mines that have been included in the mining
rights auction plan, they are adjusted and removed from the auction plan for
granting mining licenses without having to auction mining rights; the granting
of mining licenses is carried out similarly to the granting of licenses to
extract Group IV minerals prescribed in Point a of Clause 2 of Article 72 and
Points c and d of Clause 2 of Article 73 of the Law on Geology and Minerals;
- 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.
5. 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.
6. 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.
7. Regarding industrial
development and technology transfer:
a) Contractors must prioritize the use of domestic
products, goods, and services;
b) In case of contract packages open to
international bidding, the bidding documents, request for proposals 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.
8. Regarding the authority to
decide 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 Government shall request the National Assembly Standing Committee
to review and decide the revision of the investment guideline of the Project;
b) The Minister of Construction decides to modify
the Project if: the revision of the planning directly affects the Project; the
Project is affected by natural disasters, fires, or other force majeure factors
after the Project's insurance period has expired; the price index during the
Project execution is higher than the price index used for calculation of
contingencies in the total investment of the Project.
9. Architectural designs of
railway stations and bridges under the Project do not have to be selected
through an architectural design competition.
10. Regarding recompense,
support, and resettlement:
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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;
arrange temporary housing for people whose land is repossessed, ensuring stable
lives for the people;
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) Authorities of provinces and centrally
affiliated cities are allowed to advance local government budget capital to
carry out recompense, support and resettlement for the Project.
11. 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;
b) The Government shall provide for the suspension
of use of forests and the return of forests to carry out the construction of
temporary works serving the Project.
12. 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 shall 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, the costs may be determined 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;
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13. Mechanisms and policies to
ensure the anti-corruption, waste and misconduct prevention and combat:
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 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 15 days from
the date of receipt of the complete audit application.
14. For cases of
preparation, appraisal, approval of the Project with contents different from
relevant planning, the Project may be approved without having to carry out the
planning revision procedure.
After the Project is approved, the relevant
planning must be promptly reviewed, revised, updated and announced.
15. The investor may
simultaneously carry out the preparation, appraisal and approval of the
feasibility report, construction design after the basic design, bidding
documents and request for proposals.
16. Contract packages
under the Project may apply direct contracting.
17. During the time the
National Assembly is not in session, the Government shall request the National
Assembly Standing Committee to review and decide amendments to the specific and
special mechanisms and policies prescribed in this Article for the Project.
18. The Government shall
issue a Decree detailing the contents, procedures, and authority to implement
specific and special mechanisms and policies of the Project.
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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.
2. During the
operation process, based on proposals from local authorities, the Prime
Minister shall invest in additional stations to meet transport needs.
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 have the capacity 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.
6. The People's Committee of
Hai Phong City shall mobilize resources to invest in the branch line connecting
to Nam Do Son station in the Project, Nam Do Son wharf area ensuring uniform
operation of these works; be accountable for the investment efficiency of the
branch line connecting to Nam Do Son station to ensure no loss or waste.
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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 and Financial 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 9th
unexpected National Assembly’s session by the 15th National Assembly of the
Socialist Republic of Vietnam, on February 19, 2025.
PRESIDENT OF
THE NATIONAL ASSEMBLY
Tran Thanh Man
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