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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
66/2006/QH11
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Hanoi,
June 29, 2006
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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/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.
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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.-
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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:
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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.-
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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.
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