Clarifying the Regulations on “Suspension” and “Termination” of Investment Projects

The government has mandated a comprehensive study to establish clear regulations regarding the authority, procedures, criteria, and documentation required to determine the "suspension or termination of project activities." This initiative aims to effectively address the aforementioned projects, ensuring the efficient utilization of state, business, and citizen resources, thereby preventing wastage.

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Government Resolves to Amend Investment Law for Streamlined Project Approval

The Vietnamese government has issued a resolution following its September legislative session, outlining key amendments to the Investment Law.

A significant focus is the proposed delegation of authority for approving investment projects. The government aims to shift approval powers from the National Assembly to the Prime Minister, and subsequently to provincial People’s Committees. This aligns with directives from the Party and State leadership, aiming for a more streamlined and efficient approval process.

The Ministry of Finance is tasked with refining the draft law, ensuring it incorporates groundbreaking solutions. This includes rethinking the approval process itself, moving beyond mere content to address the format of investment approval documents. The goal is to simplify these documents, making project approval a principle-based decision rather than a detailed review. Project implementation will then concretize the approved framework, encompassing scope, objectives, investment capital, timelines, efficiency, technology, environmental impact, and more.

For large-scale, specialized projects, the law will consider extended operational periods, potentially exceeding 70 years, to ensure feasibility, efficiency, and capital recovery. This aligns with Resolution No. 68-NQ/TW of the Politburo and directives encouraging private sector participation in critical infrastructure projects like railways, aviation, and seaports, which require substantial investment and operational costs.

Addressing stalled projects, the government emphasizes the need for clear regulations on suspending or terminating investment activities. Many projects, particularly those involving land, remain abandoned for years, leading to prolonged resource wastage. Examples include power projects, urban development initiatives, the Thach Khe iron mine, and the expansion of the Thai Nguyen Steel Plant. The drafting agency must establish clear procedures, criteria, and documentation for project suspension or termination to effectively address these cases and prevent further resource drain.

Additionally, the government mandates further review and reduction of conditional business sectors, shifting focus from pre- to post-investment inspections.

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