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Definitions of 'owners' among laws are not heterogeneous?

Tue, 12 Jun 2018 13:41:08 PM GMT + 7    Print   Email   Share:

(Chinhphu.vn) – Through the system of receiving and responding to recommendations of businesses, Mr. Pham Trung Hieu (in Hai Phong City) requested the competent agencies to answer some questions about the investor's concept in the Law on  Construction and the Law on Public Investment.  

 

According to Mr. Hieu, in Article 6, 13 and 21 of Article 4, the Law on o Public Investment 2014 provides as follows:

 “6. Investor means an organization or institution assigned to public investment projects.…

13. Public investment project means an investment project entirely or partially funded by the capital budget for public investment. …

21. Budget capital for public investment stipulated in this Law includes funds derived from the State budget, government bonds, local government bonds, official development assistance (briefly called ODA), overseas concessional loans, government credits for investment and development purposes, retained revenues of the state budget that have not been recorded in the state budget balance and other loans secured by the local budget for public investment purposes”.

Clause 9, Article 3 of the Law on Construction 2014 has provided: “9. Construction project owner (below referred to as project owner) means an agency, organization or individual that owns funds, borrows loans, or is assigned to directly manage and use funds, for construction investment activities.”.

According to Mr. Hieu, the concept of the owner is different between the Law on Construction and the Law on Public Investment. On the subject of investors, according to the Law on Public Investment are agencies and organizations still under the Law on Construction are agencies, organizations and individuals.

According to the Law on Public Investment, capital must be used according to the provisions of Clause 21, Article 4, of the Law on Public Investment and the Law on Construction does not provide for the use of capital in Clause 21, Article 4 of the Law on Investment.

Mr. Hieu would like to ask, can he understand that the concept of construction investors in the Law on Construction be the concept of the investor? In cases where people build their own houses or invest their own capital in the construction of works (capital sources are not related to the provisions of Clause 21, Article 4 of the Law on Public Investment), they shall be considered as investment owner, Is that correct?

The Ministry of Planning and Investment responds to this issue as follows:

The subjects and scope of regulation of the Law on Public Investment and the Law on Construction are different, specifically as follows:

Law on Public Investment has regulated the management and use of public investment; State management of public investment; rights, obligations and responsibilities of agencies, units, organizations and individuals involved in public investment activities.

The Law on the elaboration of regulations on the rights, obligations and responsibilities of agencies, organizations and individuals and State management in construction investment’s activities.

As the subjects and scope of regulation of the Law on Public Investment and the Law on Construction are different, so explanations of the terms of the investor in the two Laws will be also different.

The concept of investor in the Law on Construction will be broader than the concept of investor in the Law on Public Investment, but the concept of investor for construction projects using public investment between the two laws is completely united .

This content is explained in detail in Article 4 of the Government's Decree No. 59/2015 / ND-CP dated June 18, 2015 on management of construction investment. Projects that use public investment capital, determine the investor to comply with the provisions of the Law on Public Investment.

For people building private houses or companies to invest themselves (not related to Clause 21, Article 4 of the Law on Public Investment) will not be subject to the Law on Public Investment.

 

 

  • By : Online Newspaper of the Government / Translator: HaiYen-Bizic

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