Nghị quyết 110/NQ-CP 2018 tháo gỡ khó khăn chính sách liên quan đến đầu tư xây dựng

• Số hiệu: 110/NQ-CP
• Loại văn bản: Nghị quyết
• Nơi ban hành: Chính phủ
• Người ký: Nguyễn Xuân Phúc
• Ngày ban hành: 25/08/2018

THE GOVERNMENT -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 110/NQ-CP	Hanoi, August 25, 2018

RESOLUTION

SOME PRIMARY TASKS AND SOLUTIONS FOR RESOLVING DIFFICULTIES IN IMPLEMENTING CONSTRUCTION-RELATED POLICIES

THE GOVERNMENT

Pursuant to the Law on Government Organization dated June 19, 2015;

At the request of the Minister of Construction,

RESOLVES:

Construction-related activities play a significant role in socio-economic development, exert a direct effect on the people and enterprises and are governed by multiple regulations on different formalities within the jurisdiction of multiple ministries and local governments. In the past time, the system of construction laws has been gradually improved, the construction management has shown marked changes and the effectiveness in construction and quality of constructions have been increased.

However, construction-related formalities remain complex and take time to be completed. In addition, some regulations specified in legislative documents remain consistent with each other.

...

...

...

In order to resolve difficulties in implementing construction-related policies, improve investment environment, enable the people and enterprises and increase effectiveness in state management of construction, the Government requests Ministers, heads of ministerial agencies, Presidents of People’s Committees of provinces and central-affiliated cities and heads of organizations to heighten their sense of responsibility and direct the adoption of the following solutions in an effective manner:

I. COMPLETING THE SYSTEM OF CONSTRUCTION LAWS TO ENSURE CONSISTENCY, REFORMING ADMINISTRATIVE PROCEDURES, SIMPLIFYING INVESTMENT CONDITIONS AND REMOVING DIFFICILUTIES THAT ARISE DURING CONSTRUCTION-RELATED ACTIVITIES

1. Central-government ministries:

- Proactively review and propose amendments to or promulgation of laws, decrees and circulars within their jurisdiction in order to ensure consistency between soft laws, between decrees and laws and between circulars and decrees in the stages of making preparations for a project, executing the project, closing the project and putting the construction into operation in a manner that strengthens state management and resolves difficulties in carrying out construction-related activities, especially in carrying out administrative procedures and fulfilling investment conditions.

Propose progress in making amendments and amendments to laws and decrees as prescribed by the Law on Promulgation of Legislative Documents and register them in the annual law formulation program.

- The Ministry of Justice shall consolidate the proposals by ministries to submit a report on contents of the annual law and ordinance formulation program to the Government. During the appraisal of policies and drafts of legislative documents concerning construction, it is required to appraise their constitutionality, legitimacy and consistency in the legal system.

2. It is required to focus on completing the following tasks:

a) The Ministry of Construction shall:

- Keep considering making the Law on amendments to the Laws on Construction, Housing, Real Estate Trading and Urban Planning to ensure consistency in the legal system, reform and simplify administrative procedures and investment conditions and enable the people and enterprises, and submit it to the National Assembly at the 7^th session.

...

...

...

- Uniformly and promptly execute the approved projects on improvement of the system of technical standards and regulations on construction and on improvement of the system of construction norms and prices so as to form a basis for construction management and loss and wastefulness prevention.

b) The Ministry of Planning and Investment:

- Take charge and cooperate with relevant ministries in finalizing the bill to amend Public Investment Law with a view to simplifying administrative procedures, promoting autonomy in preparing, appraising and assigning the annual and medium-term public investment capital plans and resolving difficulties that arise during the implementation of the law on public investment, and submit the bill to the National Assembly at the 6^th session.

- Take charge and cooperate with relevant ministries in finalizing the bill to amend some articles of the Law on Investment and Law on Enterprises with a view to amending the regulations on scope of application; rules for applying the Law on Investment; entities eligible for investment incentives; business lines eligible for investment incentives; business lines subject to conditions; power of and procedures for making investment; criteria for determining the investment projects whose decisions on investment guidelines are issued by the Prime Minister; law against wrongful seizure of final trust; issuance of investment registration certificates and state management of business operation, etc. to ensure consistency in the legal system and improve investment environment, and submit the bill to the Government in March, 2019.

- Take charge and cooperate with relevant ministries in considering, assessing and proposing amendments to some articles of the Law on Bidding and the Decree No. 63/2014/ND-CP on elaboration of some articles on contractor selection of the Law on Bidding with a view to amending procedures and methods for selecting contractors and investors, regulations on bidding for consulting services; expanding the scope of direct contracting with regard to construction planning consulting; amending standards in determining prices of contract package and contents related to the construction contract used for bidding activities, etc. in order to ensure consistency in the legal system and remedy shortcomings.

- Complete the Decree on amendments to the Government’s Decree No. 77/2015/ND-CP dated September 10, 2015 on annual and medium-term public investment plans, Government’s Decree No. 136/2015/ND-CP on guidelines for some Articles of the Law on Public Investment and the Government's Decree No. 161/2016/ND-CP dated December 02, 2016 on special mechanism for construction management of some projects included in national target programs during 2016-2020.

c) The Ministry of Finance shall:

- Take charge and cooperate with relevant ministries and agencies in carrying a review and making a final report on the implementation of the Law on Management and Use of State Capital Invested in Enterprise’s Business Operation, Law on State Budget 2015 and Government’s Decree No. 163/2016/ND-CP dated December 21, 2016 on guidelines for some Articles of the Law on State Budget; propose solutions for resolving difficulties that arise during the implementation of these documents; report thereof to the Government in the fourth quarter of 2018.

- Take charge and cooperate with relevant ministries and agencies in making amendments to the regulation on interest rates on loan capital specified in the Circular No. 75/2017/TT-BTC on amendments to the Circular No. 55/2016/TT-BTC dated March 23, 2016 of the Ministry of Finance providing for certain contents of financial management of investment projects in the form of public-private partnership and costs of investor selection.

...

...

...

- Take charge an cooperate with relevant ministries and agencies in drafting the Law on amendments to some Articles of the Law on Land with a view to uniformly providing for the time delay in execution of the projects for which land is appropriated between the Law on Land and the Law on Investment; developing methods for performance security; simplifying business conditions, reforming administrative procedures and resolving difficulties faced by enterprises; report thereof to the Government in the first quarter of 2019.

- Take charge and cooperate with relevant ministries and agencies in considering proposing amendments to the Law on Environmental Protection with a view to simultaneously carrying out the procedures for appraising the environmental impact assessment report (or determining the environmental protection plan) and the procedures for appraising the project and construction design. During the approval for investment guidelines, it is only required to carry out preliminary environmental impact assessment. The environmental impact assessment report must be subject to the approval of the competent authority before an investment project is executed. Proposed amendments shall be submitted to the Government in the second quarter of 2019.

II. PROMOTING CLOSE, UNIFORM AND PROMPT COOPERATION IN THE COURSE OF DRAFTING, PROMULGATING AND ORGANIZING THE IMPLEMENTATION OF LAWS

1. Ministers and heads of ministerial agencies shall, in the course of directing the amendment to or promulgation of bills, proactively cooperate with other relevant Ministers and heads of ministerial agencies to ensure consistency, remove inconsistency, overlapping issues, sectional interests and group's interests in the fields of state management of construction.

The drafting agency shall closely, effectively and continuously cooperate with agencies of the National Assembly and Office of the National Assembly in the course of making request for law formulation, drafting, appraising, considering, adjusting and approving laws to ensure consistency in contents of draft law soft from the beginning and ensure the progress and quality of the bill.

2. Ministries and People’s Committees of provinces and central-affiliated cities shall:

a) Promote cooperation between regulatory agencies, share information and implement the single-window system upon carrying out procedures related to construction, land, environment, fire prevention and fighting, and water and electricity connection.

Promote the application of information technology, build e-Government; implement the system of providing online public services at levels 3 and 4 upon carrying out administrative procedures related to construction, land and environment. Disseminate information concerning provision of online public services to organizations, individuals and enterprises involved in construction-related activities to increase effectiveness in applying online public services.

b) Keep holding dialogues with the people and enterprises and disclosing information; heighten the leader’s sense of responsibility for receiving and responding to propositions and engaging in dialogues with the people and enterprises.

...

...

...

- Vietnam Chamber of Commerce and Industry shall closely cooperate with ministries, People’s Committees of provinces and central-affiliated cities, associations and enterprises in receiving and responding to investment and construction-related difficulties and propositions, and in holding dialogues with the people and enterprises.

- The Office of the Government shall promptly consolidate and send the people and enterprises' difficulties and propositions to competent agencies responsible through the system of receiving and responding to reflections and propositions; post written responses sent by competent authorities.

- Individuals, organizations and enterprises involved in construction-related activities shall regularly update regulations of law on construction and online public service applications in order to avoid the situation where documents are submitted in person and shorten the time for carrying out administrative procedures.

III. CONSOLIDATING ORGANIZATIONAL STRUCTURE, HEIGHTENING SENSE OF RESPONSIBILITY, DEVELOPING ATTITUDE AND PROFESSIONAL EXPERTISE OF OFFICIALS, PUBLIC EMPLOYEES AND PUBLIC OFFICIALS INVOLVED IN CONSTRUCTION-RELATED ACTIVITIES

- Ministries and People’s Committees of provinces and central-affiliated cities shall review the organizational structure and payroll of construction authorities to ensure completion of assigned tasks.

- Heighten sense of responsibility of ministries and local governments, especially of leaders; impose and enforce disciplines upon fulfillment of duties; locally promote democracy and compliance with democracy regulation.

- Regularly organize training courses, increase capacity and develop professional expertise and ethics of officials, especially officials directly involved in carrying out construction-related procedures.

- Formulate and disclose procedures and regulations on handling internal issues. Adopt solutions for carrying out administrative procedures on schedule or ahead of schedule. Reassign officials responsible for performing some tasks in accordance with regulations of the Government.

- Take actions against organizations, individuals, leaders and officials that violate regulations and deliberately obstruct or delay the execution of investment projects. Promptly replace the officials who are incompetent, show moral decline and cause troubles.

...

...

...

- Change methods and increase effectiveness in disseminating laws; promptly publish regulations of laws on mass media.

- Strengthen inspection, grasp current situation and promptly resolve and propose solutions for resolving construction-related difficulties faced by ministries, local governments, the people and enterprises.

- Focus on inspecting and supervising the adherence to regulations on construction; disclose the list of ministries and local governments obstructing or delaying the disbursement as prescribed by law. Take actions against violations of regulations on construction, group’s interests, corruption, wastefulness, especially some cases that involve a matter of public concern.

V. IMPLEMENTATION ORGANIZATION

1. Ministers, heads of ministerial agencies, Presidents of People’s Committees of provinces and central-affiliated cities and heads of relevant agencies shall, within their jurisdiction, focus on directing, providing guidelines and organizing the implementation of the solutions mentioned in this Resolution to promptly resolve difficulties in implementing construction-related policies.

2. The Ministry of Construction shall take charge and cooperate with relevant ministries in supervising, expediting and inspecting the implementation of the Resolution and submit a consolidated report on the implementation by ministries and local governments upon request./.

ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER




Nguyen Xuan Phuc

...

...

...