On June 25, the National Assembly officially passed the Law amending and supplementing a number of articles of the Law on Bidding; Law on Investment under the Public-Private Partnership (PPP) model; Law on Customs; Law on Value Added Tax (VAT); Law on Export Tax and Import Tax; Law on Investment; Law on Public Investment; Law on Management and Use of Public Assets.
Specifically, 432/434 delegates participated in the vote in favor with a rate of 90.38%.
Previously, Minister of Finance Nguyen Van Thang presented a summary report on the reception, explanation, and revision of the draft Law, clarifying many new points along with important adjustments.
Many important new points
The amended Law on Bidding stipulates that contractor selection activities using State budget capital must comply with the Law on Bidding. However, for activities not using State budget capital, enterprises are free to decide on the basis of publicity, transparency, efficiency and accountability while strengthening inspection and supervision.
In addition, public service units that self-insure regular expenditures, investment expenditures (Group 1) and self-insure regular expenditures (Group 2) are free to decide on purchases without using the State budget. Units that partially self-insure regular expenditures (Group 3) must still comply with the Law on Bidding for purchases from legal sources. In addition, the draft Law supplements the payment mechanism from the health insurance fund for autonomous public health facilities similar to private facilities.
Regarding the selection of contractor forms, investors are given priority to apply simple forms such as designated bidding, contractor selection in special cases, and ordering. Expanding the application of these forms to increase flexibility.
The revised Law on Investment under the Public-Private Partnership (PPP) method stipulates the mechanism for sharing revenue increases and decreases. Specifically, the sharing ratio framework (reduction from 75-90% and increase from 110-125%) is for the competent authority to decide. For science and technology PPP projects, investors do not have to share the increased revenue in the first 3 years and are entitled to share 100% of the decreased revenue if the actual revenue is lower.
Regarding the handling of difficulties in BOT road projects, the draft Law supplements the regulation that the State will share the reduced revenue with investors for BOT traffic projects signed before January 1, 2021 that are facing difficulties due to objective reasons. The Government will issue a Decree detailing the sharing ratio.
Apply 0% VAT for on-site export goods
The Customs Law and the Value Added Tax Law aim to ensure consistency, the content on value added tax is removed from the Customs Law and amended directly in the Value Added Tax Law. Specifically, the provision that goods exported on the spot are subject to a value added tax rate of 0% is added to facilitate import and export activities, without affecting budget revenue.
In addition, the Investment Law amends the authority to approve investment policies. The draft Law has strongly decentralized the authority from the Prime Minister to the Provincial People's Committees for 7 groups of projects. The study to abolish the procedure for approving investment policies will be comprehensively assessed during the process of summarizing the implementation of the Investment Law. Regarding the reduction of business conditions and simplification of procedures, the amended Law and the draft guiding Decree have reduced the number of documents, the number of sets of documents and reduced the time to carry out procedures by 30%. The reduction of conditional investment and business sectors will be comprehensively reviewed to amend the Investment Law in its entirety at the October 2025 session.
Regarding the Law on Public Investment, the Government has the right to adjust the annual public investment plan using the central budget (if it does not exceed the total expenditure decided by the National Assembly) and at the same time decentralize the authority to adjust the annual plan from the People's Councils at all levels to the People's Committees at all levels to synchronize with the Law on State Budget (amended). Regarding the task of preparing for site clearance, the Government will continue to study and propose amendments to the Land Law and related laws to accelerate the implementation of compensation, support and resettlement for public investment projects.
Source: https://phunuvietnam.vn/quoc-hoi-thong-qua-8-luat-sua-doi-nham-tao-thuan-loi-cho-dau-tu-kinh-doanh-2025062512185179.htm
Comment (0)