RESOLUTION

PRESCRIBING SPECIFIC MECHANISMS AND POLICIES TO REMOVE DIFFICULTIES IN THE IMPLEMENTATION OF PROJECTS AND WORKS SERVING THE 2027 APEC ECONOMIC LEADERS’ MEETING IN PHU QUOC SPECIAL ZONE, AN GIANG PROVINCE

THE NATIONAL ASSEMBLY OF VIETNAM

Pursuant to the Constitution of the Socialist Republic of Vietnam, as amended and supplemented by Resolution No. 203/2025/QH15;

Pursuant to the Law on Organization of the National Assembly No. 57/2014/QH13, as amended and supplemented by Law No. 65/2020/QH14 and Law No. 62/2025/QH15;

Pursuant to Law on Promulgation of Legal Normative Documents No. 64/2025/QH15, as amended and supplemented by Law No. 87/2025/QH15;

HEREBY RESOLVES:

Article 1. Scope and regulated entities

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a) Projects on the list of projects serving the 2027 APEC Economic Leaders’ Meeting issued together with Decision No. 948/QD-TTg dated May 17, 2025 of the Prime Minister;

b) Works and work items under the counterpart projects implemented on the land fund allocated for payment to investors for executing the APEC Conference and Exhibition Center Project, applying Build - Transfer contract types (hereinafter referred to as BT Projects);

c) Operations of mineral exploitation and recovery, waste dumping, and receipt of construction waste generated from construction activities to serve the projects, works, and work items specified at points a and b of this Clause.

2. This Resolution applies to regulatory agencies, organizations, and individuals participating in the implementation of projects, works, and work items specified in Clause 1 of this Article, and relevant regulatory agencies, organizations, and individuals.

Article 2. Implementation principles

1. Ensure consistency with the guidelines of the Communist Party of Vietnam (CPV), competence, and procedures prescribed in this Resolution; and compliance with international treaties to which the Socialist Republic of Vietnam is a contracting party.

2. Protect the legitimate rights and interests and ensure the harmony of interests of relevant entities in accordance with law; employers, investors, and contractors must fulfill financial obligations to the State; ensure security, social order, and safety, and prevent the arising of disputes and lawsuits.

3. Prevent the legitimization of self-interested violations (if any), forestall new violations, and not exclude the responsibilities of organizations and individuals committing self-interested violations (if any); conduct inspections and supervisions, and strictly handle organizations and individuals committing acts of abusing implementation of this Resolution for corruption, negative practices, or causing loss and waste of state assets.

4. Ensure alignment with objective realities and specific historical circumstances of projects, works, and work items serving the 2027 APEC Economic Leaders' Meeting; ensure overall national and local public interests; and ensure no adverse impact on national defense and security and foreign affairs.

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Article 3. Handling difficulties for projects, works, and work items that have been constructed despite being inconsistent with planning, non-synchronized with planning, or failing to undergo an architectural design competition

1. Projects, works, and work items that were inconsistent with planning or non-synchronized with planning at the time of construction, or failed to undergo an architectural design competition at the time of execution, if they have complied with planning or have undergone architectural design competition as of the effective date of this Resolution, shall have their dossiers and results accepted to perform subsequent procedures, provided that they do not affect national defense and security.

2. For construction waste generated during the construction of projects, works, and work items serving the 2027 APEC Economic Leaders' Meeting that has been or is expected to be disposed of on land parcels not designated for such purposes in accordance with construction waste dumping and treatment planning, employers, investors, and contractors of projects, works, and work items serving the 2027 APEC Economic Leaders' Meeting are permitted dispose of on land parcels within the territory of Phu Quoc Special Zone.

Competent agencies shall review, assess, and select sites for the disposal of waste generated from construction; organize the management and supervision of waste disposal operations in accordance with Clause 3 hereof, ensuring no adverse impacts on the environment, landscape, and people's livelihoods. In cases where waste generated during construction which has already been disposed of is detected to be hazardous waste, employers, investors, and contractors must isolate the area, carry out treatment, and minimize impacts on the environment, landscape, and people's livelihoods.

3. The People's Committee of An Giang province shall:

a) Direct the People's Committee of Phu Quoc special zone and specialized agencies under the provincial-level People's Committee to review and assess the location of land parcels where construction waste has been deposited and submit findings to the provincial-level People's Committee for decision; organize the management and supervision of waste reception and disposal to ensure no adverse impact on the environment, landscape, and people's livelihoods; and prepare relocation plans for any waste-disposal sites that encroach upon water source protection corridors, core zones of natural heritage sites, special-use forests, or ranked historical-cultural heritage sites;

b) Request employers, investors, and contractors of projects, works, and work items serving the 2027 APEC Economic Leaders' Meeting to provide a comprehensive account of construction waste volume and report to the People's Committee of Phu Quoc Special Zone for monitoring and supervision. Upon completion of projects, works, and work items, employers, investors, and contractors shall formulate plans plan to address any sites used for the disposal of construction waste subject to relocation prescribed in point a hereof and to restore the sites in accordance with approved planning.

4. For projects, works, and work items that were inconsistent with relevant planning or non-synchronized with relevant planning as required by law at the time of construction or whose planning-related procedures have not been completed, the procedures prescribed in this Resolution may be conducted concurrently with the procedures for planning adjustment (following expedited procedures as prescribed by law on planning) or procedures for local adjustments (as prescribed by law on urban and rural planning).

5. Projects, works, and work items that have not undergone an architectural design competition at the time of construction shall not be required to perform this procedure and shall be exempt from submitting architectural design proposals when performing inspection, acceptance, payment, finalization, or other related procedures.

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1. Reserves and volumes of minerals exploited from mineral mines or recovered from projects, works, and work items prescribed in Clause 1 Article 1 of this Resolution shall be handled as follows:

a) In cases where organizations or individuals exploiting or recovering minerals have not been granted mining licenses or written confirmations of registration for mineral recovery as of the effective date of this Resolution and still have demands for mineral exploitation or recovery, the exploited or recovered mineral reserves and volumes shall be included in the total permitted mineral exploitation or recovery reserves and volumes upon the issuance of mining licenses or written confirmations of registration for mineral recovery;

b) In cases where organizations or individuals exploiting or recovering minerals have not been granted mining licenses or written confirmations of registration for mineral recovery as of the effective date of this Resolution, have ceased mineral exploitation or recovery, and no longer have demands for mineral exploitation or recovery, they shall not be required to undergo procedures for issuance of mining licenses or written confirmations of registration for mineral recovery and shall be exempt from submitting mining licenses or written confirmations of registration for mineral recovery when executing inspection, acceptance, payment, finalization, or other related procedures;

c) In cases where organizations or individuals exploiting or recovering minerals have been granted mining licenses or written confirmations of registration for mineral recovery as of the effective date of this Resolution and the mineral reserves and volumes exploited or recovered prior to being granted such licenses or written confirmations of registration have already been included in the permitted mineral exploitation or recovery reserves and volumes, they shall continue execution under the granted mining licenses or written confirmations of registration for mineral recovery;

d) In cases where organizations or individuals exploiting or recovering minerals have been granted mining licenses or written confirmations of registration for mineral recovery as of the effective date of this Resolution, but the mineral reserves and volumes exploited or recovered prior to being granted such licenses or written confirmations of registration have not been included or fully included, they may apply for adjustments to the mining licenses or written confirmations of registration for mineral recovery to fully include such exploited or recovered mineral reserves and volumes into the permitted mineral exploitation or recovery reserves and volumes.

2. The People's Committee of An Giang Province shall direct the People's Committee of Phu Quoc Special Zone and specialized agencies of the People's Committee of An Giang Province to determine the financial obligations of employers, investors, and contractors and pay for the exploited or recovered mineral volumes prescribed in Clause 1 hereof on the basis of contracts, invoices, documents, or dossiers and documents proving the minerals exploited or recovered to construct projects and works serving the 2027 APEC Economic Leaders' Meeting provided by employers, investors, and contractors, ensuring accuracy and completeness and preventing loss and waste of mineral resources.

Article 5. Handling difficulties for projects, works, and work items under construction where public investment procedures have not been completed

1. Public investment projects for construction of works serving the 2027 APEC Economic Leaders' Meeting that have been issued emergency construction orders or investment policy decisions, construction investment project approval decisions, budget allocations, and construction execution by competent authorities, in cases of failure to complete procedures prescribed in law on public investment and other relevant laws at the time of conducting such procedures, shall have their dossiers and results accepted and may continue the construction, volume determination, disbursement of allocated investment capital, and allocation of investment capital according to project implementation progress.

2. In the case where, as of the effective date of this Resolution, the construction has already commenced on projects, works, or work items while the procedures required as per laws on public investment have not yet been completed, such construction may continue and capital may be allocated concurrently with the completion of procedures for special public investment projects in accordance with law on construction and law on public investment. Dossiers and results shall be accepted upon completion.

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1. In the case where PPP investment projects have their construction commenced prior to the issuance of the decision on investment policy, decision on investor selection, or project approval decision and have completed the procedures required by the laws on PPP investment as of the effective date of this Resolution, their dossiers and results shall be accepted; in this case, construction execution may continue under the investment policy decisions, project approval decisions approved by competent authorities, and contracts signed with investors (if any).

2. In the case where, as of the effective date of this Resolution, the construction has already commenced on projects, works, or work items while the procedures required as per laws on PPP investment have not yet been completed, such construction may continue concurrently with the completion of procedures for project approval and contract execution. Dossiers and results shall be accepted upon completion.

3. In cases where projects, works, and work items specified in Clause 1 and Clause 2 of this Article use public investment capital, the volume of work shall be determined, the allocated public investment capital shall be disbursed, and further capital shall continue to be allocated in accordance with the project implementation schedule.

Article 7. Handling difficulties for projects, works, and work items under construction where investment procedures have not been completed

In the case where works and work items under counterpart project of BT projects executed on land designated in Clause 2, Article 9 of this Resolution have been organized for construction execution and have not completed procedures for investment policy approval concurrently with investor approval as of the effective date of this Resolution, special investment procedures specified in law on investment shall apply; the project implementation duration and progress shall be calculated from the date the construction sites are handed over. Dossiers and results shall be accepted upon completion.

Article 8. Handling difficulties for projects, works, and work items under construction where construction procedures have not been completed

1. In the case where projects, works, and work items under construction, as of the effective date of this Resolution, have not completed procedures for construction in accordance with law on construction, the construction may continue based on the design dossiers proposed by employers or investors concurrently with the completion of procedures for construction designs in accordance with the law on construction.

Public investment projects and PPP investment projects shall follow procedures for construction design as those applied to special public investment projects in accordance with the law on construction. Dossiers and results shall be accepted upon completion. Employers and investors shall not be required to send written notices of commencement to competent agencies.

Employers and investors shall prepare written commitments and be held accountable for structural and load-bearing safety of works and work items. In cases where appraisal results require modifications to design dossiers to ensure structural and load-bearing safety of works and work items, employers and investors shall bear all costs for modifying design dossiers, which shall not be included in total project investment.

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The People's Committee of An Giang Province shall decide on soliciting written opinions from the Ministry of Construction and other relevant Ministries and agencies based on the nature, classification of construction, technical complexity, quality requirements, and work safety.

In cases where opinions are not solicited, the People's Committee of An Giang Province shall consider approving technical standards and regulations applicable to the work in project approval or adjustment decisions or separate written approvals, and send a report to the Ministry of Construction.

In cases where opinions are solicited, the People's Committee of An Giang Province shall consider approving technical standards and regulations applicable to the work after the time limit for soliciting opinions. The Ministry of Construction, relevant Ministries and agencies shall provide a written response within 07 working days from the date of receiving the written request.

3. The People's Committee of An Giang Province shall:

a) Assign their specialized construction agencies to appraise construction investment feasibility study reports of projects;

b) For BT Projects, assign investors to formulate and approve construction designs after project approval and construction cost estimates, ensuring basic principles in construction in accordance with the law on construction. Investors shall submit construction cost estimates to specialized construction agencies affiliated to the provincial-level People's Committee for appraisal prior to approval, ensuring approved estimate values do not exceed values appraised by specialized construction agencies affiliated to the provincial-level People's Committee;

c) Establish local councils for inspection and acceptance or assign specialized construction agencies affiliated to the provincial-level People's Committee to organize inspection of acceptance for projects, works, and work items within the scope of this Resolution.

4. For projects and works requiring to establish Council for state inspection of acceptance testing of construction works in accordance with the law on construction, the People's Committee of An Giang Province shall establish local councils for inspection and acceptance or assign specialized construction agencies affiliated to the provincial-level People's Committee to organize inspection of acceptance testing of construction works; reporting to the Prime Minister is not required, provided that the work is accepted, handed over, and put into operations in compliance with technical standards, regulations, work quality requirements, and safe, effective operation.

Local councils for inspection and acceptance shall include representatives from the Ministry of Construction and other members decided by the People's Committee of An Giang Province.

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For constructed works and work items whose dossiers and documents for quality assessment have not completed, employers, investors, and contractors shall conduct quality inspections, assess work quality, safety, and operational capacity, and rectify difficulties before continuing construction or accepting and putting works into operation.

Article 9. Handling difficulties in construction on land funds for which procedures have not been completed

1. For land areas formed from land reclamation under the Project for construction of embankment and site clearance for the APEC Conference and Exhibition Center and its functional works, during the period when the Project has not been accepted or handed over, the land value has not been determined, or the conditions for land allocation or leasing have not yet been met but the site clearance has been completed, the People's Committee of An Giang Province is entitled to allocate or lease land parcel-by-parcel of the land areas formed from sea reclamation under this Project to employers and investors of BT Projects and functional projects and works.

2. For land areas formed from sea reclamation specified in Clause 1 of this Article that have been handed over by the People's Committee of An Giang Province to the BT Project investors for construction of works and work items under counterpart projects before the effective date of this Resolution, land procedures for land areas specified in this Clause shall be handled as follows:

a) The People's Committee of An Giang Province shall use land areas formed from sea reclamation as the land fund for payment to BT Project investors. Land allocation and land lease fall under cases of land allocation and land lease without land use right (LUR) auction or bidding for investor selection to execute a project using land;

b) The land lease term shall be calculated from the time in which the employer of the Project for construction of embankment and site clearance for the APEC Conference and Exhibition Center and its functional works hands over land to BT Project investors to execute the construction of works and work items under counterpart projects;

c) The value of the land fund paid to investors shall be determined based on specific land prices. The time of land price determination is the time on which the basic design of the counterpart project is approved. The period for calculating land use right values of the land fund shall be calculated from the time of handing over specified in point b of this Clause;

d) BT Project contracts and the Appendix thereof shall record the volume and value of works under BT Projects that investors executed in advance in accordance with Clause 3, Article 10 of this Resolution, serve as a basis for the People's Committee of An Giang Province to made payments to investors using the land fund specified at Point a of this Clause, and shall be recognized that investors have fulfilled financial obligations on land  for this land fund to execute related procedures. The People's Committee of An Giang Province and investors shall implement mechanisms to offset differences between the final settlement value of the completed BT project and the value of the land fund allocated as payment in accordance with the law on PPP investment.

BT Project contracts and the Appendix thereof which are signed in accordance with this point shall serve as the basis for investors to be granted certificates of LURs and  ownership of assets attached to land. Investors shall have the right to mortgage land use rights but shall not have the right to transfer them during the mortgage period of LURs.

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1. The People's Committee of An Giang Province shall organize inspections and determine the volume and value of projects, works, and work items before completing procedures prescribed by the law on public investment, law on PPP investment, and law on construction in accordance with Articles 5, 6, and 8 hereof, based on approved design, project documents, and documents provided by the employers, investors, and contractors in accordance with the law on construction. Employers, investors, and contractors shall be held accountable for the completeness and truthfulness of documents and the accuracy of the volume and value of construction work for determination under this Clause.

2. The volume and value of works and work items under public investment projects which are determined in accordance with Clause 1 of this Article shall be approved for recording into contracts (in cases where contracts have not been signed) or Appendix for amendment and supplementation to contracts (in cases where contracts have been signed), serving as the basis for inspection and acceptance for completed works and work items, disbursement, payment, and finalization under the law on public investment.

During the period when the Project for construction of embankment and site clearance for APEC Convention and Exhibition Center and its functional works has not been inspected, accepted, handed over, or the value of land fund has not determined, or the Project fails to meet conditions for land allocation or land lease, but the site clearance has been completed, the employer of this Project may inspect, accept, and hand over parcel-by-parcel land areas of the land fund under the Project to employers and investors executing works on the land fund.

3. The volume and value of works and work items under PPP investment projects which are determined in accordance with Clause 1 of this Article shall be approved for recording into PPP investment project contracts (in cases where contracts have not been signed) or Appendix for amendment and supplementation to PPP investment project contracts (in cases where contracts have been signed), serving as the basis for inspection and acceptance for completed works and work items, disbursement, payment, and finalization under the law on PPP investment.

4. Within 06 months from the effective date of this Resolution, agencies, organizations, employers, investors, and contractors shall complete dossiers and documents to serve as a basis for recording the volume and value of works and work items specified in Clause 2 and Clause 3 of this Article, works and work items under BT Projects constructed in accordance with point d Clause 2 Article 9 hereof.

In cases where an extension of execution time is required, agencies, organizations, employers, investors shall submit proposals to the People's Committee of An Giang Province to decide on extension once, provided that the extended period shall not exceed 06 months.

5. The State Audit Office of Vietnam shall, in accordance with the provisions of this Resolution, audit finalized investment capital reports of completed public investment projects and PPP investment projects and the value of land funds paid to investors executing BT Projects before the People's Committee of An Giang Province approve the finalization of all projects and works within the scope of this Resolution.

Article 11. Implementation organization

1. The People's Council of An Giang Province shall:

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b) Promulgate guiding documents on implementation of this Resolution when necessary.

2. The People's Committee of An Giang Province shall:

a) Direct, within its competence, the organization and inspection of the implementation of provisions of this Resolution, ensuring that projects, works, and work items meet fully meet requirements on technical standards, regulations, and work quality and are completed on schedule for handover, putting into operation, and safe and effective operation;

b) Promulgate guiding documents on implementation of this Resolution when necessary.

3. The National Assembly, the Standing Committee of the National Assembly, the Committee on Ethnic Minority Affairs, Committees of the National Assembly, the Central Committee of the Vietnamese Fatherland Front, the delegation of National Assembly deputies of An Giang Province, and National Assembly deputies shall, within the scope of their tasks and powers, supervise the implementation of this Resolution.

During the implementation of this Resolution, if there are any difficulties under the competence of the National Assembly for which mechanisms and policies have not been provided by this Resolution, the People's Committee of An Giang Province shall report to the Government to report to the Standing Committee of the National Assembly to promulgate a Resolution and report to the National Assembly at its nearest session.

4. The Government shall:

a) Organize the implementation, monitoring, inspection, and examination of the enforcement of this Resolution;

b) Direct the monitoring, assessment, and risk control of the implementation of special mechanisms and policies prescribed in this Resolution.

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6. The State Audit Office shall, within the scope of its tasks and powers, organize audits in accordance with Clause 5, Article 10 of this Resolution.

7. Employers, investors, and contractors shall:

a) Cooperate with the People's Committee of An Giang Province and relevant agencies to perform responsibilities prescribed in this Resolution;

b) Ensure the accuracy, completeness, and truthfulness of dossiers and documents on the implementation of projects, works, and work items serving the 2027 APEC Economic Leaders' Meeting within the governing scope of this Resolution;

c) Execute projects, works, and work items in compliance with requirements on technical standards, regulations, and work quality; complete them on schedule for handover, putting into operation, and safe and effective operation; and ensure basic principles in construction in accordance with the law on construction;

d) Fully perform financial obligations to the State of Vietnam.

Article 12. Implementation provisions

1. This Resolution comes into force as of September 01, 2026.

2. Heads of agencies, units, persons participating in drafting, appraising, and reviewing this Resolution and participating in the implementation of this Resolution shall be excluded or exempted from liability if damages occur during the execution of their duties, provided that they acted without personal gain.

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4. Organizations and individuals, which are enterprises, banks, employers, investors, and contractors participating in projects and works constructed in advance to serve the 2027 APEC Economic Leaders' Meeting within the governing scope of this Resolution for business purposes and legitimate and lawful capital recovery and profits, shall be excluded or exempted from liability and shall not be subject to remedial measures during the implementation.

5. In cases where there are different provisions between this Resolution and other laws or resolutions of the National Assembly of Vietnam, the provisions of this Resolution shall prevail.

This Resolution was adopted on August 24, 2026, by the 16th National Assembly of the Socialist Republic of Vietnam at its First Extraordinary Session.

CHAIRPERSON OF THE NATIONAL ASSEMBLY OF VIETNAM




Tran Thanh Man