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Resolution 59/2007/nq-Cp: About Some Solutions To Handle The Obstacles In The Investment Activities Of Construction And Reform Certain Administrative Procedures For Business

Original Language Title: Nghị quyết 59/2007/NQ-CP: Về một số giải pháp xử lý những vướng mắc trong hoạt động đầu tư xây dựng và cải cách một số thủ tục hành chính đối với doanh nghiệp

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Last time, the Government has focused on directing implementation of measures removing aimed at speeding up the basic construction investment. In General, the ministries, the local unit has had many attempts in planned investment deployment, build, create positive shifts in investment activities, build. However, the work began, the building also met many obstacles, the implementation of the investment, the project, investments by the State budget, the credit capital investment, which reached the lower government bonds.

The above situation affecting the implementation of the plan for socio-economic development in 2007 and the following years.

Next to the cause because of the weakness in investment management, building slowly being overcome, are also an important cause is due to the system of writing related to the investment, construction and the overlapping points and have yet to match.

To remedy this situation in a timely manner, speeding up implementation and speed disbursement of investment projects, in order to perform well the task of socio-economic development, the Government resolution: i. on the SOLUTION of SOME PROBLEMS in INVESTMENT ACTIVITIES, BUILD A solution related to the land activities, exploration, mining: 1. About condition of land allocation, land rental for investment projects: a) for investigation, survey, surveying identify land to set up investment projects in the case of compensation plans, clearance: Chairman of the provincial people's Committee decided to allow the owner of the project when there are advocates investment or after registration or after the investment certificates which conform with the planning: planning the social-economic development of the locality, planning, land use plans of the project area, construction planning, sectoral planning or planning of the product shall be in the area to conduct investigation measuring, surveying, determining the land to create the project.

President of the people's Committee at district level, and the people of the region have the responsibility to create conditions for investors to make the investigation, survey, surveying identify land to establish investment projects in accordance with the decision of the Chairman of the provincial people's Committee.

b) for compensatory work clearance: When investment projects have been approved, the approval under the provisions of the law on investment, the Council for compensation, resettlement and support at district level or organization develops the Land Fund into the project area to perform the work related to the establishment of the compensation , support and resettlement for the project. This approach will be properly again after the technical design of the project and to make the base of the provincial people's Committee decision to revoke the land. Ministry of natural resources and environment specific instructions about the order and the procedures related to the establishment of the compensation, assistance and relocation for the project under the provisions of this resolution.

The investor of the project is to advance the money spent on compensation, clearance according to the recommendations of the Board of compensation, resettlement and support at district level or organization develops the Land Fund. The Ministry of finance to specific guidance about the procedures and the extent of the advance for the project owner to make the compensation, clearance.

2. About the licensing of exploration, mineral extraction: a) to simplify the administrative procedures, The allocation of resources and the environment, in coordination with the ministries concerned instructed to combine putting the content in mineral prospecting license on mineral exploration license; Mineral processing license on mineral extraction license or certificate to investment granted to businesses.

b) delivered to the people's committees of provinces and cities under central presided, in coordination with the ministries concerned delineated and approved zone, temporarily banning the activities of local minerals to serve as a basis for the Organization, individuals are active mineral needs.

B. the solution concerning investment procedures, management of investment projects in construction: 1. About the making of the report reviews the environmental impact: Ministry of natural resources and the environment, in the first quarter of 2008, hosted, in cooperation with the Ministry of construction and the relevant authorities review the list of categories of works projects need reporting environmental impact assessment; at the same time the reform procedure, report content of environmental impact assessment to facilitate the investors, especially with the housing and urban projects.

2. About the appeals procedure browser on fire: the Ministry of public security, in coordination with the Ministry of construction and the ministries involved reviewing the rules on appeals procedure browser fire, fire. The jurors browser tightly secured satisfactory room fires but the procedure must be simple in the direction of publicly issued the regulations on fire, fire and made late check out, except for those particular works are strict about the Fire Department, fire and do not impede the process of implementing the project.

3. About the content, the procedure of evaluation of the basic design: a) the Ministry of construction, content review and evaluation procedure the basic design in the text of the current regulations (Decree No. 16/2005/ND-CP of July 8, 2005 on the management of government investment project construction and Decree No. 112/2006/ND-CP dated 26 September 2006 by the Government on this page supplementing Decree No. 16/2005/ND-CP) to defuse the difficult problems when appraising investment projects approved, ensure simplification, overcoming the lack of synchronization between the legal texts concerned, in accordance with the actual conditions in the country and international integration requirements; the Government amended and supplemented the Decree on in December 2007.

b) for projects using ODA: pending amendments to the text related to the regulations on the basic design, lets make the rules according to international practices and regulations of the lender, using preliminary design instead of the basic design.

4. On the investment certificates for investment projects in the country: a) Ministry of planning and investment in cooperation with relevant agencies and localities to assess the investment certificates in the past; study, modify procedures, the need of investment certificates, the case is not necessary, the Government report to the National Assembly to modify law on investment towards the abolition of the investment certificates for domestic investment projects or project type rules require investment certificates according to the nature of the project.

b) for the construction of investment projects in the country to use the State capital investment decisions or approvals of investment authority at the same time as the certificate of investment.

C. The procurement-related solutions: 1. for urgent projects for the benefit of countries, security, energy security, the Prime Minister approved the list of specified project contractor (including consultants) under the recommendation of the Minister of industry, the Chairman of the Management Committee and provincial people's authorization for the Minister , Chairman of the provincial people's Committee decided to appoint contractors in accordance with the provisions of the law.

2. specify the consultation for a number of areas: a) allows the Minister, Chairman of the provincial people's Committee appointed the contractor qualified consultants to build strategic, socio-economic planning, sectoral planning, product planning. The contractor must be taken as prescribed. The funding strategy, planning was deployed from the capital economic career.

b) for investment projects in these areas have only a qualified consultant, allows the Minister, Chairman of the provincial people's Committee appointed consultation survey, design of investment project. The contractor must be taken as prescribed.

D. the solutions related to managing the costs of building works: 1. To create conditions for speeding up the disbursement of investment projects construction was approved before the date of Decree 99/2007/ND-CP on 13 June 2007 by the Government on the management of construction cost in effect and are making enquiries If necessary apply the regulations on management of construction costs according to this Decree, shall allow the authority to review investment decisions, decisions.

2. Ministry of planning and investment, Ministry of finance arranged enough capital to prepare for the Ministry, local branches; at the same time allow the Ministers, heads of ministerial agencies, Chairman of the provincial people's Committee is conditioned between capital investment and preparation of capital investment, in which case the investment preparation does not meet the requirements.

II. REFORM Of SOME ADMINISTRATIVE PROCEDURES For BUSINESS 1. The Ministry of public security, in December 2007, completed the carving procedure guidelines accent of the business without a permit carved accents. Seal registration, legal stamp, stamp registration certificate to the State Agency made under current rules. The Ministry of public security to coordinate with the Interior Ministry and the Office building of the Government Decree simplifying administrative procedures on a number of areas, including the amendments and supplements Decree No. 55/2001/ND-CP dated 24 August 2001 of the Government on the management and use of the seal.

2. Ministry of planning and investment to host, in cooperation with the Ministry of Finance: a) the guide immediately signing new business, business tax registration code within a maximum of 5 working days on the basis of the established business and State regulators made serious and consistent regulation of corporate law regarding the establishment of declare yourself business and legal responsibility for the accuracy and honesty of the information declared in the register of business records.

b) content of business registration and tax registration code in a single profile, filed in the planning and investment; uniform, guiding the business registration agency granted the use tax code systems business does business registration code for new businesses established from 1 April 2008; perform the merge code of business registration and tax code into the corporate code.


3. Ministry of planning and investment, in the fourth quarter of 2008, the basic completion of building a national database of business registration; connect business information network to make protection of business names in national pilot implementations and the business registration online.

4. The Ministry of finance, in the first quarter of 2008, the completion of the review procedure of tax, the tax declaration form to amend and supplement the current rules in the direction of enough content yet simple, easy to understand, easy to implement in order to continue to improve administrative procedures in collecting the tax.

III. IMPLEMENTATION 1. The Ministry of planning and investment tracking, check the implementation of the provisions of this resolution, timeliness of reporting the Prime difficulties and problems; periodic Government reports 3 months results.

2. The Ministry of Justice in collaboration with the relevant ministries and agencies scrutinize legal texts related to the areas outlined in this resolution should complement, modify the Government and Parliament to supplement the program construction of the law. Can apply the method issued a revised text, additional text.

3. The ministries, the local authorities taken seriously, thoroughly documents the operating direction of the Government, and the Prime Directive No. 836/2007/CT-TTg dated 8 June 2007 on strengthening management of State capital invested in the last 6 months of 2007, aimed to defuse the difficult focus to accelerating capital disbursement, construction progress, maintain high growth, strive to complete the mission objective of socio-economic development in 2007; at the same time prepared the conditions, creating momentum for the implementation of the plan for socio-economic development in 2008 and the following years.

4. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this resolution.