Resolution No. 187/2025/QH15 dated February 19, 2025 on the investment guideline of the investment project for construction of The Lao Cai - Hanoi - Hai Phong railway line

NATIONAL ASSEMBLY OF VIETNAM --------	THE SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ---------------
Resolution No. 187/2025/QH15	Hanoi, February 19, 2025

RESOLUTION

ON THE INVESTMENT GUIDELINE OF THE INVESTMENT PROJECT FOR CONSTRUCTION OF THE LAO CAI - HANOI - HAI PHONG RAILWAY LINE

THE NATIONAL ASSEMBLY

Pursuant to Constitution of the Socialist Republic of Vietnam;

Pursuant to the Railway Law No. 06/2017/QH14, which is amended by Law No. 35/2018/QH14 and Law No. 16/2023/QH15;

Pursuant to Law on Public Investment No. 58/2024/QH15;

Pursuant to Resolution No. 158/2024/QH15 dated June 29, 2024 of National Assembly on the Socio-Economic Development Plan in 2025;

In consideration of the Government's Proposal No. 69/TTr-CP dated February 08, 2025, the Verification Report No. 3526/BC-UBKT15 dated February 11, 2025 of the Economic Committee of the National Assembly, Report No. 1193/BC-UBTVQH15 dated February 18, 2025 of the National Assembly Standing Committee on accepting, revising and explaining the investment guideline of the Investment project for construction of the Lao Cai - Hanoi - Hai Phong railway line, related documents and opinions of National Assembly deputies;

HEREBY RESOLVES:

Article 1

Decision on the investment guideline of the investment project for construction The Lao Cai - Hanoi - Hai Phong railway line (hereinafter referred to as “Project")

Article 2

1. Objectives

Building a new, modern and uniform railway line to meet the domestic and international transport needs between Vietnam and China; creating an important driving force for rapid and sustainable socio-economic development, promoting advantages of the Lao Cai - Hanoi - Hai Phong economic corridor, ensuring effective connection of domestic and international railway networks, associated with ensuring national defense, security and international integration, protecting the environment, responding to climate change; promoting the process of industrialization and modernization of the country; contributing to realizing the objectives and tasks according to the Documents of the 13th National Party Congress and Resolutions of the Communist Party of Vietnam.

2. Scope, scale, forms of investment:

a) Scope starting point at the border rail (Lao Cai province), ending point at Lach Huyen station (Hai Phong city); main line length of about 390,9 km; branch line length of about 27,9 km; passing through 09 provinces and centrally affiliated cities including: Lao Cai, Yen Bai, Phu Tho, Vinh Phuc, Hanoi, Bac Ninh, Hung Yen, Hai Duong and Hai Phong;

b) Scale: investment in a new single-track track line with a gauge of 1.435 mm; used for both passenger and cargo transport; design speed of 160 km/h for the main line from the new Lao Cai station to Nam Hai Phong station, design speed of 120 km/h for the section through the Hanoi city hub area, design speed of 80 km/h for the remaining lines;

c) Form of investement: Public investment.

3. Technology: applying rail technology, electrification technology; ensuring modernity, synchronization, safety and efficiency.

4. Scope of land repossession, estimated total land use demand and displaced population:

a) Scope of land repossession: carry out land repossession in accordance with planning scale (double track for the main line from the new Lao Cai station to Nam Hai Phong station and single track for the remaining lines).

The estimated total land use demand is about 2.632 ha, including: about 716 ha of land for rice cultivation (including 709 ha land for paddy cultivation with at least 02 harvests), about 878 ha of forestry land and about 1.038 ha of other types of land in accordance with the land law.

b) The estimated displaced population: about 19.136 people.

5. Estimated total investment and capital sources:

a) The estimated total investment of the Project: 203.231 billion VND (two hundred and three thousand, two hundred and thirty one billion dong);

b) State budget capital allocated in midterm public investment plans and other lawful sources.

6. Implementation progress: prepare a feasibility report from 2025, strive to complete the Project by 2030 at the latest.

Article 3

The Project applies the following specific and special mechanisms and policies:

1. During the implementation of the Project, the Prime Minister shall decide the following:

a) Issuing Government bonds make up for the deficit compared to the annual public investment plan and estimate approved by the National Assembly without increasing the state budget deficit;

b) Mobilizing official development assistance (ODA) capital and foreign concessional loans to implement the Project without having to prepare a Proposal to use ODA capital and foreign concessional loans for the Project; applying the regulations of foreign donors in case Vietnamese law does not regulate such matter or specifies different from the regulations of the foreign donors;

c) Using the sources of revenue, savings of annual central government budget expenditure (if any) and other lawful sources of capital for the Project the annually allocated State budget estimate is insufficient. The use of increased revenue and savings of expenditure does not have to be implemented in the order of priority as prescribed by the law on the State budget.

2. The Project is not subject to an appraisal of the capital balance capacity in accordance with the Law on Public Investment.

3. Regarding the development, use of land banks and added value from land in the vicinity of stations;

a) The provincial People's Committee shall prepare and revise zoning plans and detailed plans for the vicinity of railway stations to determine the location, boundaries and area of ​​ repossessed land. In the vicinity, the Provincial People's Committee is allowed to decide the planning, architecture, technical infrastructure, social infrastructure indicators, and spatial requirements other than those prescribed in national technical regulations, but must ensure that they meet the requirements for technical infrastructure and social infrastructure systems; adjust the use of land in the vicinity of railway stations to use land funds and added value from land;

b) In case there are new proposals that are different from the approved content approved urban planning and land use planning when preparing or revising the planning for vicinity of railway stations, the decision on approval of the planning for the vicinity shall prevail and it is not required to follow the procedure to revise the previously approved planning;

c) The provincial People's Council shall make decision on using the local government budget to execute an independent public investment project for recompense, support and resettlement in accordance with the planning for the vicinity of the railway station to create a land bank for urban development in accordance with law;

d) Regarding the proceeds from operation of the land bank in the vicinity of the railway station after deducting related costs as prescribed, the provincial local government is allowed to retain 50% of the proceeds and transfer the remaining 50% to the central government budget to balance the state budget for investment in the Project.

4. Regarding the extraction of Group IV minerals and minerals used as common construction materials belonging to Group III minerals in accordance with the Law on Geology and Minerals (hereinafter referred to as minerals used as common construction materials) used for the Project:

a) For mines of mineral used as common construction materials that have been licensed and are still in operation, or have exceeded the mining period but are still undepleted and have not undergone mine closure procedures, the Provincial People's Committee shall:

- Adjust the mining reserves, extend the mining period, increase the capacity according to the Project's needs without having to (i) revise the provincial planning, (ii) prepare an revised mining investment project to carry out procedures for deciding or approving investment guideline, and (iii) carry out procedure for appraisal and approval of appraisal results of environmental impact assessment report, and issuance of environmental permit and environmental registration but must ensure requirements on labor safety and environmental protection in mining;

- Cease capacity expansion after having provided sufficient resources for the Project;

b) For mines included in the dossier on survey of construction materials used for the Project but have not been granted a mining license:

- The Provincial People's Committee shall make decision to adjust, add these mines to the geological and mineral management plan in the provincial planning without having to carry out the procedures for revision of the provincial planning; use the Project's reserves to organize land repossession, recompense, support, and resettlement of the mine area after it has been surveyed and undergone reserve and quality assessment according to the Project's requirements and other contents in accordance with law on geology and minerals for the purpose of allocating mines to organizations, individuals extracting minerals for the Project; manage, supervise the implementation process and manage after the completion of the Project;

- Organizations and individuals extracting minerals for the Project are granted license to extract minerals for common construction materials without having to auction mining rights; for regular construction material mines that have been included in the mining rights auction plan, they are adjusted and removed from the auction plan for granting mining licenses without having to auction mining rights; the granting of mining licenses is carried out similarly to the granting of licenses to extract Group IV minerals prescribed in Point a of Clause 2 of Article 72 and Points c and d of Clause 2 of Article 73 of the Law on Geology and Minerals;

- Organizations, individuals extracting minerals for the Project shall pay taxes, fees and fulfill other financial obligations as prescribed;

- Mineral extraction and use shall be carried out until Project completion and must be managed and supervised as prescribed by law;

c) In cases where the mines included in the dossier on survey of construction materials used for the Project have been depleted but the demand for construction materials of the Project have not been met, the investor shall take charge in conducting a survey, propose to addition of new mineral mines to the dossier on survey of construction materials used for the Project to the Provincial People's Committee; management, extraction, use of minerals at these new mineral mines are carried out in accordance with this clause;

d) Based on practical conditions, the Provincial People's Committee shall review, provide guides to organizations, individuals extracting minerals for the Project to independently assess the impact to river beds, banks and terraces for river bed sand and gravel mines located in river and stream section with high risk of landslides to ensure compliance with regulations on river bed sand and gravel management and protection of river beds, banks and terraces; inspect and control mineral use in accordance with law.

5. Regarding the construction solid waste disposal site and topsoil of land for paddy cultivation:

a) The Provincial People's Committee shall make decision on land repossession, recompense, support, and resettlement with respect to the construction solid waste disposal sites specified in the Project survey dossier and hand over the land to the contractor for the disposal of construction waste of the Project;

b) The Provincial People's Committee shall manage the construction solid waste disposal sites of the Project in accordance with land laws, laws on environment, and other relevant laws;

c) The Provincial People's Committee shall develop a plan for using the topsoil of dedicated land for paddy cultivation repossessed from the Project. The development of the plan for using the topsoil of dedicated land for paddy cultivation repossessed from the Project shall be carried out in accordance with laws on crop production.

6. Development of science, technology, and human resource training for the Project:

a) Organizations and individuals participating in scientific and technological activities for the Project are entitled to the following policies:

- Organizations and individuals leading scientific and technological activities for the Project may decide limited bidding, direct contracting, order placement to select suppliers of services, goods;

- Enterprises are entitled to benefits as high-tech enterprises as stipulated by the high-tech laws during the execution of scientific and technological tasks for the Project;

- Income of enterprises, individuals from performing scientific and technological tasks serving the Project are exempt from tax;

b) Organizations and individuals participating in high-tech human resource training for the Project are entitled to preferential policies as stipulated by the high-tech laws.

7. Regarding industrial development and technology transfer:

a) Contractors must prioritize the use of domestic products, goods, and services;

b) In case of contract packages open to international bidding, the bidding documents, request for proposals must include commitment conditions of the general contractor and foreign contractor on technology transfer and human resource training for Vietnamese partners to take control of the management, operation, and maintenance work; and gradually take control of the technology.

8. Regarding the authority to decide revision of the investment guideline of the Project and modification of the Project:

a) During the time the National Assembly is not in session, the Government shall request the National Assembly Standing Committee to review and decide the revision of the investment guideline of the Project;

b) The Minister of Construction decides to modify the Project if: the revision of the planning directly affects the Project; the Project is affected by natural disasters, fires, or other force majeure factors after the Project's insurance period has expired; the price index during the Project execution is higher than the price index used for calculation of contingencies in the total investment of the Project.

9. Architectural designs of railway stations and bridges under the Project do not have to be selected through an architectural design competition.

10. Regarding recompense, support, and resettlement:

a) Vietnam Electricity (EVN) shall take charge in organizing implementation of the sub-projects for the relocation of power works with voltages of 110 kV or higher;

b) The People's Committees of the provinces where the Project passes through shall construct a resettlement area for the Project based on the preliminary design dossiers in the Pre-feasibility study report for which the National Assembly has decided on the investment guideline; arrange temporary housing for people whose land is repossessed, ensuring stable lives for the people;

c) The head of the competent authority shall decide whether to apply direct contracting for consulting service, non-consulting service and construction contract packages for recompense, support and resettlement. The procedures for direct contracting shall comply with the law on bidding;

d) Authorities of provinces and centrally affiliated cities are allowed to advance local government budget capital to carry out recompense, support and resettlement for the Project.

11. Regarding forest repurposing and suspension of use of forests:

a) The forest repurposing guideline shall be carried out in the phase of conducting a feasibility study of the Project. The Proposal of the forest repurposing guideline is a component of the feasibility report of the Project. The Project approval decision is also the Decision on the forest repurposing guideline;

b) The Government shall provide for the suspension of use of forests and the return of forests to carry out the construction of temporary works serving the Project.

12. Regarding the establishment of total investment and contract package estimates:

a) For existing work items that are not suitable or are not included in the system of construction norms and unit prices issued by competent authorities, the Project shall apply the system of construction norms and construction prices of similar railway projects in the world and such values shall be converted to the time of calculation;

b) For items with costs that cannot be determined in accordance with Point a of this Clause, the costs may be determined in accordance with the investment capital ratio of similar railway projects in the world and such values shall be converted to the time of calculation;

c) For costs that are not yet regulated by Vietnamese law or have been regulated but are not suitable for railway projects with similar nature and implementation conditions, costs of railway projects with similar nature and implementation conditions in the world may be applied.

13. Mechanisms and policies to ensure the anti-corruption, waste and misconduct prevention and combat:

a) When selecting contractors for EPC packages and contract packages for consulting services using foreign contractors, the composition of the Appraising team shall comply with the law on bidding and include representatives of the Ministry of National Defense, the Ministry of Public Security, the Ministry of Finance, the Government Inspectorate and the State Audit Office;

b) The investor shall send the total investment dossier completed in accordance with appraisal report of the investment decision-making authority to the State Audit Office to conduct an audit as a basis for approving the Project. The State Audit Office shall send the audit results to the investment decision-making authority within 15 days from the date of receipt of the complete audit application.

14. For cases of preparation, appraisal, approval of the Project with contents different from relevant planning, the Project may be approved without having to carry out the planning revision procedure.

After the Project is approved, the relevant planning must be promptly reviewed, revised, updated and announced.

15. The investor may simultaneously carry out the preparation, appraisal and approval of the feasibility report, construction design after the basic design, bidding documents and request for proposals.

16. Contract packages under the Project may apply direct contracting.

17. During the time the National Assembly is not in session, the Government shall request the National Assembly Standing Committee to review and decide amendments to the specific and special mechanisms and policies prescribed in this Article for the Project.

18. The Government shall issue a Decree detailing the contents, procedures, and authority to implement specific and special mechanisms and policies of the Project.

Article 4

1. The Government shall be accountable to the National Assembly for:

a) Implementation and management of the Project investment in accordance with this Resolution and relevant laws; ensuring the Project is on schedule and of good quality;

b) Managing and using capital and resources economically and effectively, preventing corruption, waste and misconduct; carrying out a publicity campaign to obtain the people’s support for the Project’s investment guideline;

c) Directing the management, operation and maintenance to ensure safety and efficiency.

2. During the operation process, based on proposals from local authorities, the Prime Minister shall invest in additional stations to meet transport needs.

3. Local authorities and EVN are accountable to the Government for ensuring the progress and quality of tasks of recompense, support, resettlement and sub-projects assigned.

4. The specialized project management board shall be brought to full strength to have the capacity for investment management of the Project

5. Vietnam Railways shall take over the management and maintenance of infrastructure and organize operation; mobilize investment in vehicles from other enterprises; continue to restructure and develop a model of management and maintenance of infrastructure ensuring unity, modernity and efficiency; participate in the development of the railway industry.

6. The People's Committee of Hai Phong City shall mobilize resources to invest in the branch line connecting to Nam Do Son station in the Project, Nam Do Son wharf area ensuring uniform operation of these works; be accountable for the investment efficiency of the branch line connecting to Nam Do Son station to ensure no loss or waste.

Article 5

1. The Vietnam Fatherland Front and its member organizations, within their jurisdiction, shall carry out a publicity campaign to obtain the people’s support for the Project’s investment guideline and supervise the implementation of the project in accordance herewith.

2. The National Assembly Standing Committee, the Economic and Financial Committee, the Ethnic Council, other National Assembly Committees, National Assembly delegations, and National Assembly deputies, within their jurisdiction, shall supervise the implementation of the project in accordance herewith.

3. The State Audit Office, within their jurisdiction, shall audit the implementation of the Project in accordance herewith.

This Resolution was ratified in the 9th unexpected National Assembly’s session by the 15th National Assembly of the Socialist Republic of Vietnam, on February 19, 2025.

PRESIDENT OF THE NATIONAL ASSEMBLY Tran Thanh Man