Nghị quyết 56/2022/QH15 chủ trương đầu tư dự án đường Vành đai 4 Hà Nội

RESOLUTION

INVESTMENT POLICY ON INVESTMENT PROJECT ON CONSTRUCTION OF RING ROAD 4 – HANOI REGION

NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to Law No. 39/2019/QH14 on public investment, amended in Law No. 64/2020/QH14, Law No. 72/2020/QH14 and Law No. 03/2022/QH15;

Pursuant to Law No. 64/2020/QH14 on public – private partnership investment, amended in  Law No. 03/2022/QH15;

Pursuant to Resolution No. 29/2021/QH15 dated July 28, 2021 of the National Assembly on medium-term public investment plan for 2021 – 2025;

After consideration of Report No. 208/TTr-CP dated May 23, 2022, Report on explanation for supplementation No. 218/BC-CP dated June, 02 2022 of the Government, Verification Report No. 951/BC-UBKT15 dated June 05, 2022 of the Economic Committee of National Assembly, Report No. 262/BC-UBTVQH15 dated June 15, 2022 of the Standing Committee of National Assembly on receipt, correction and explanation of the draft Resolution on investment policy on investment project on construction of Ring road 4 – Hanoi region, relevant documents and remarks of members of the National Assembly;

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Article 1

Decision on investment policy on investment project on construction of Ring road 4 – Hanoi region (hereinafter referred to as “the Project”).

Article 2

1. Objectives:

Invest in construction of Ring road 4 - Hanoi region, key economic inter-regional belt of the Hanoi region in order to connect Hanoi with Hung Yen province, Bac Ninh province and other provinces in the region, improve the effectiveness of investment in existing and ongoing projects, create new development space and solve existing problems of Hanoi, exploit the potential for land use, build sustainable and modern urban system; contribute to the successful implementation of socio-economic development objectives and tasks of Vietnam according to Resolution of the 13^th National Congress of the Communist Party of Vietnam.

2. Scope, scale and form of investment:  

The total length of the road is about 112,8 km divided into 07 component projects. The scale and form of investment of each component project are determined in the Appendix attached to this Resolution.

3. Technology:

Apply advanced and modern technology to ensure safety, synchronization, quality and effectiveness. Encourage applying high technology to organization of construction and adaptation to climate change. Use electronic toll collection (ECT) system during operation.

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The estimated land area needed for execution of the Project is about 1.341 ha. (including: rice cultivation land: 816 ha, agricultural land: 258 ha, residential land: 58 ha and land used for other purposes: 209 ha.) Repurposing of rice cultivation land is permitted to implement the Project Complete site clearance for the entire route once according to the planned scale.

5. Estimated total investment and capital sources:

The estimated total investment of the Project is 85.813 billion VND

a) State budget capital for the period of 2021 - 2025 is 41.860 billion VND

- Central government budget capital in medium-term public investment plan in the period of 2021 - 2025 is 19.383 billion VND

- Local government budget capital for the period of 2021-2025 is 22.477 billion VND (Hanoi city: 19.477 billion VND, Hung Yen province: 1.000 billion VND and Bac Ninh province: 2.000 billion VND);

b) State budget capital for the period of 2026 - 2030 is 14.506 billion VND

- Central government budget capital is 8.790 billion VND

- Local government budget capital is 5.716 billion VND (Hanoi city: 4.047 billion VND, Hung Yen province: 505 billion VND and Bac Ninh province: 1.164 billion VND);

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6. d) Schedule:

The investment and implementation of the Project have been prepared from 2022. The Project will be basically completed in 2026 and put into operation from 2027.

7. Component project 3:

The component project 3 is invested in form of public - private partnership and build-operate-transfer (BOT) contract, and applies the mechanism for guarantee of investment and distribution of revenue reductions according to the Law on public – private partnership investment.

Preliminary financial plan: Support capital from state budget is about 27.089 billion VDN which accounts for 48% of estimated total investment of the component project 3; preliminary price bracket, road tolls according to financial plan of the Project; the financial plan will be developed and decided according to regulations of the Law and the result of bidding when the Project is executed.  

Article 3

1. The following special mechanisms and policies shall be applied to development and implementation of the Project:

a) Investment capital:

- After adjustment, the capital in the medium-term public investment plan in the period of 2021 – 2025 is 14.250 billion VND. The Ministry of Transport shall allocate this capital to assign local authorities to implement the Project (Hanoi: 8.400 billion VND; Hung Yen province: 3.740 billion VND and Bac Ninh province: 2.110 billion VND);  

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b) Implementation:

-  Hanoi People's Committee is assigned to act as the focal point for implementation of the Project to ensure the comprehensiveness and uniformity of the Project;

- Domestic open bidding is applied to the component project 3 to select investors; 

- If the investment policy of the Project is adjusted when the National Assembly is in recess, the National Assembly authorizes the Standing Committee of National Assembly to consider and decide;

- The procedure, competence in appraisal and decision on investment in component projects shall be similar to those of projects of group A according to regulations of the law on public investment. The President of the Hanoi People's Committee is assigned to approve the component project 3;

c) Within 02 years from the date on which this Resolution is approved by the National Assembly, the head of the competent authority may appoint contractors for provision of consultancy services, relocation of technical infrastructure, compensation, support and relocation. The procedure for the contractor appointment shall comply with regulations of the law on bidding;  

d) Within 02 years from the date on which this Resolution is approved by the National Assembly, during implementation of the Project, the construction contractor is not required to obtain the permit for extraction of minerals for use as common building materials for inclusion in the construction material survey dossier to serve the Project. The mineral extraction under this Clause may continue until the Project is completed. The construction contractor shall be responsible for assessment of environmental impacts; be subject to management and supervision of extraction and use of minerals; pay tax, fees, and implement environmental protection, renovation and restoration as per the law.

2. The Government shall be responsible to the National Assembly for:

a) Organizing implementation, management and operation of the Project according to this Resolution and regulations of relevant laws; urging, inspecting the local authorities assigned to act as governing bodies or the competent authorities and taking responsibility for progress and quality of the Project; managing, using capital and other resources in economical and effective manner and ensuring anti-corruption; directing local authorities to ensure capital source for implementation of the Project;

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3. The local authorities shall be responsible to the Government for assurance about capital source according to regulations of Clause 5 Article 2 of this Resolution; progress of compensation, support and relocation of the Project; progress and quality of the component projects which the local authorities have been assigned to act as governing bodies or competent authorities for implementation; effective management and use of the land area reserved for national railway corridor for which compensation, support and relocation have been completed.  In case of increase in total investment in the component project, the local authority assigned to act as governing body or competent authority of such component project shall use its local government budget to cover the increase.  In case of decrease in total investment in the component project, the central government budget that is expected to be allocated for such component project will be decreased accordingly.

Article 4

1. The state audit agency shall, within the scope of its duties and powers, audit the implementation of this Resolution.

2. The Standing Committee of National Assembly, Economic Committee, Council for Ethnic Minority Affairs, other Committees of the National Assembly, Delegation of the National Assembly, National Assembly deputies, Vietnam Fatherland Front and its member organizations shall, within the ambit of their duties and powers, supervise the implementation of this Resolution.

This Resolution has been approved by the 15^th National Assembly of the Socialist Republic of Vietnam at its 3^rd session on June 16, 2022.

CHAIRMAN OF THE NATIONAL ASSEMBLY




Vuong Dinh Hue

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LIST OF COMPONEN PROJECTS UNDER INVESTMENT PROJECT ON CONSTRUCTION OF RING ROAD 4 – HANOI REGION
(Issued together with Resolution No. 56/2022/QH15 dated June 16, 2022 of the National Assembly)

NO.

Component projects

Expected length (km)

Scale

Estimated total investment (billion VND)

Capital source

Forms of investment

Governing body/competent authority

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Class of road (km/h)

Central government budget

Local government budget

Capital arranged by investors

1

Group of component projects on compensation, support and relocation

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Planned scope

19.590

9.860

9.730

Public investment

1.1

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58,2

90-120-135

13.370

4.010

9.360

Public investment

The Hanoi People's Committee  

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Component project 1.2: compensation, support and relocation (the system of expressway, parallel roads (urban roads), technical infrastructure and national railway reserve corridors) in Hung Yen province

19,3

90-120

3.740

3.740

Public investment

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1.3

Component project 1.3: compensation, support and relocation (the system of expressway, parallel roads (urban roads), technical infrastructure) in Bac Ninh province

35,3

90

2.480

2.110

370

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The People's Committee of Bac Ninh province

2

Group of component projects on investment in construction of parallel roads (urban roads)

112,8

Investment phasing

60-80

9.687

9.687

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Public investment

2.1

Component project 2.1: Construction of parallel roads (urban roads) in Hanoi city

58,2

2

60-80

5.388

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Public investment

Hanoi People's Committee  

2.2

Component project 2.2: Construction of parallel roads (urban roads) in Hung Yen province

19,3

2

60-80

1.505

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1.505

Public investment

The People's Committee of Hung Yen province

2.3

Component project 2.3: Construction of parallel roads (urban roads) in Bac Ninh province

35,3

2

60-80

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2.794

Public investment

The People's Committee of Bac Ninh province

3

Component project 3: Investment in construction of expressway roads in form of public – private partnership.

112,8

4

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56.536

18.313

8.776

29.447

public – private partnership  

Hanoi People's Committee  

Total

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28.173

28.193

29.447