Resolution No. 66/2006/NQ-QH11 dated June 29, 2006 of the National Assembly on projects and works of national importance to be submitted to the National Assembly for decision on their investment
THE NATIONAL ASSEMBLY
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, June 29, 2006
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,
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.
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.
A dossier of a project or work of national importance to be submitted by the Government to the National Assembly shall comprise:
1. The Government's report;
2. The pre-feasibility report (investment report);
3. The State Evaluation Council's report;
4. Other relevant documents.
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:
a/ Necessity of the investment;
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.
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