LAW No. 03/2022/QH15 ON AMENDMENTS TO CERTAIN ARTICLES OF THE LAW ON PUBLIC INVESTMENT, THE LAW PUBLIC-PRIVATE PARTNERSHIP INVESTMENT, THE LAW ON INVESTMENT, THE LAW ON HOUSING, THE LAW ON PROCUREMENT, THE LAW ON ELECTRICITY, THE LAW ON ENTERPRISES, THE LAW ON SPECIAL EXCISE DUTIES AND THE LAW ON CIVIL JUDGMENT ENFORCEMENT

LAW No. 03/2022/QH15 ON AMENDMENTS TO CERTAIN ARTICLES OF THE LAW ON PUBLIC INVESTMENT, THE LAW PUBLIC-PRIVATE PARTNERSHIP INVESTMENT, THE LAW ON INVESTMENT, THE LAW ON HOUSING, THE LAW ON PROCUREMENT, THE LAW ON ELECTRICITY, THE LAW ON ENTERPRISES, THE LAW ON SPECIAL EXCISE DUTIES AND THE LAW ON CIVIL JUDGMENT ENFORCEMENT

THE NATIONAL ASSEMBLY
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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Law No. 03/2022/QH15 Hanoi, January 11, 2022

LAW

ON AMENDMENTS TO CERTAIN ARTICLES OF THE LAW ON PUBLIC INVESTMENT, THE LAW PUBLIC-PRIVATE PARTNERSHIP INVESTMENT, THE LAW ON INVESTMENT, THE LAW ON HOUSING, THE LAW ON PROCUREMENT, THE LAW ON ELECTRICITY, THE LAW ON ENTERPRISES, THE LAW ON SPECIAL EXCISE DUTIES AND THE LAW ON CIVIL JUDGMENT ENFORCEMENT

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on amendments to certain articles of the Law on Public Investment No. 39/2019/QH14, which is amended by the Law No. 64/2020/QH14 and the Law No. 72/2020/QH14; the Law on Public-Private Partnership Investment No. 64/2020/QH14; the Law on Investment No. 61/2020/QH14, which is amended by the Law No. 72/2020/QH14; the Law on Housing No. 65/2014/QH13, which is amended by the Law No. 40/2019/QH14, Law No. 61/2020/QH14, Law No. 62/2020/QH14 and the Law No. 64/2020/QH14; the Law on Bidding No. 43/2013/QH13, which is amended by the Law No. 03/2016/QH14, the Law No. 04/2017/QH14, the Law No. 40/2019/QH14 and the Law No. 64/2020/QH14; the Law on Electricity No. 28/2004/QH11, which is amended by Law No. 24/2012/QH13 and the Law No. 28/2018/QH14; the Law on Enterprises No. 59/2020/QH14; the Law on Special Excise Duties No. 27/2008/QH12, which is amended by the Law No. 70/2014/QH13, Law No. 71/2014/QH13 and the Law No. 106/2016/QH13; the Law on Civil Judgment Enforcement No. 26/2008/QH12, which is amended by the Law No. 64/2014/QH13, Law No. 23/2018/QH14 and the Law No. 67/2020/QH14.

Article 1. Amendments to certain articles of the Law on Public Investment

  1. Certain points and clauses of Article 17 shall be amended as follows:
  2. a) Points b and c clause 4 shall be amended as follows:

 “b) Public investment programs and group-A projects using ODA borrowings and preferential borrowings from foreign sponsors, except national target programs and public investment programs specified in clause 1 and 2 of this Article;

  1. c) Public investment programs and projects using non-refundable ODA aids that fall into the following situations: Group-A public investment programs and projects; public investment programs and projects associated with regulatory policy framework; public investment programs and projects that are developed and implemented in the national defense, security and religion fields; sector-specific approach programs; procurement of goods subject to the Prime Minister’s permission; Vietnam’s participation in regional programs and projects”;
  2. b) Point d clause 4 shall be annulled;
  3. c) Clause 5a shall be added to clause 5 as follows:

 “5a. Ministers and Heads of central regulatory agencies shall be accorded authority to make decisions on policies for investment in group-B and group-C projects using ODA funds and other preferential borrowings from foreign sponsors, and make decisions on approval for technical assistance projects using ODA funds and other preferential borrowings from foreign sponsors to prepare the projects under their management, except for the projects mentioned in clause 4 hereof.

Provincial-level People’s Councils shall be accorded authority to make decisions on policies for investment in group-B and group-C projects using ODA funds and other preferential borrowings from foreign sponsors and make decisions on approval for technical assistance projects using ODA funds and other preferential borrowings from foreign sponsors to prepare the projects under their management, except for the projects mentioned in clause 4 hereof.

The government shall stipulate procedures for making decisions on policies for investment in projects, making decisions on approval for technical assistance projects prescribed in this clause.”.

  1. Clause 8 Article 25 shall be amended as follows:

 “8. As for public investment programs or projects put under the Prime Minister’s decision-making authority as provided in point b and c of clause 4 of Article 17 herein, procedures and processes for granting investment policy decisions shall be subject to the following regulations:

  1. a) Governing body sends the Ministry of Planning and Investment an investment policy recommendation report;
  2. b) Ministry of Planning and Investment presides over evaluating the submitted investment policy recommendation report, funding sources and capital balancing capacity before making representations to the Prime Minister;
  3. c) Prime Minister considers granting the investment policy decision.”.
  4. Clause 4 Article 82 shall be amended as follows:

 “4. Grant decisions on policies for investment in projects as per clause 5 and clause 5a Article 17 herein and decisions on investment in projects as per clause 2 of Article 35 herein.”.

  1. Clause 1 Article 83 shall be amended as follows:

 “1. Make decisions on policies for investment in public investment programs and projects as prescribed in clauses 5a, 6 and 7 of Article 17 herein.”.

Article 2. Amendment to point b clause 2 Article 12 of the Law on Public – Private Partnership Investment

Point b clause 2 Article 12 shall be amended as follows:

 “b) Having total investment equivalent to that in Group A projects in accordance with the law on public investment and using one or certain sources of funds as follows: central budget capital managed by ministries or central agencies or using ODA loans and preferential loans from foreign sponsors;

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03_2022_QH15_507262