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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. 56/2022/QH15
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Hanoi, June 16, 2022
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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 13th 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 15th National Assembly of the Socialist
Republic of Vietnam at its 3rd 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