Joint Circular No. 01/BKH-TCCP-TTLB guiding the functions, tasks, and organizational structure of investment planning agencies under local People's Committees

CIRCULAR

Guidelines for the functions, tasks, and organizational structure of the investment planning agency under the provincial People's Committee organizational structure of the investment planning agency under the People's Committee of the locality

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MINISTRY OF PLANNING AND INVESTMENT DEPARTMENT OF CIVIL SERVICE AND PUBLIC ADMINISTRATION - GOVERNMENT

Implementing Article 3 of Decree No. 75/CP dated November 1, 1995 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment and Decision No. 852/TTg of the Prime Minister, the Ministry of Planning and Investment and the Department of Civil Service and Public Administration - Government provide guidance on the tasks and organizational structure of the Provincial Departments of Planning and Investment and District and County Planning and Investment Offices as follows:

I. ON THE FUNCTIONS AND TASKS OF THE PROVINCIAL DEPARTMENTS OF PLANNING AND INVESTMENT UNDER THE DIRECT CONTROL OF THE CENTRAL GOVERNMENT

The Prime Minister has issued Decision No. 852/CP dated December 28, 1995 to establish the Provincial Departments of Planning and Investment based on the merger and reorganization of the Provincial Planning Committees and foreign cooperation investment organizations at the provincial level.

The Provincial Department of Planning and Investment is a specialized agency of the provincial People's Committee (hereinafter referred to as the province) with the function of providing comprehensive advice on the planning and development of the economy and society of the province, formulating policies and measures for managing direct foreign investment in the locality; serving as the central point for coordinating between departments and sectors within the province under the professional guidance of the Ministry of Planning and Investment. The Provincial Department of Planning and Investment shall perform the following tasks:

1. Organizing research and synthesis to submit to the provincial People's Committee medium-term and short-term plans, selecting priority programs and projects, key economic and social development projects, major balances: finance, budget, construction investment capital, sources of aid and foreign investment cooperation; selecting partners for negotiation and signing contracts, practical and effective local import and export plans.

2. Cooperating with the Finance Department to prepare the provincial budget draft to be submitted to the provincial People's Committee; Monitoring the activities of economic units within the territorial area to align with the local economic and social development plan; Monitoring national programs and projects within the province.

3. Guiding agencies at all levels in the province to develop planning, programs, and projects related to the economic and social development of the province. Promoting and guiding the implementation of state laws on direct foreign investment activities within the province, directly receiving project files from domestic and foreign investors wishing to invest in the province, and handling complaints and appeals from enterprises with foreign investment.

4. Supervising and inspecting provincial agencies and units in implementing planning, programs, and projects for development; submitting to the provincial People's Committee proposals and measures to ensure the achievement of local planning goals. Directly managing and implementing plans in certain areas according to the division of labor by the provincial People's Committee.

5. Participating in researching and developing economic management mechanisms and policies nationwide, advising the provincial People's Committee to formulate and apply mechanisms and policies suitable to the characteristics of the locality and the general principles prescribed.

6. According to the division of labor by the provincial People's Committee, performing standing duties or chairing meetings on: reviewing economic and technical norms; appraising domestic and foreign investment projects; appraising bidding and the establishment of enterprises; serving as the focal point for managing the use of ODA and other aid sources.

7. Managing and issuing business registration certificates within the province according to current regulations. Examining and submitting to the provincial People's Committee applications for investment incentives certificates.

8. Preparing quarterly, semi-annual, and annual reports for the provincial People's Committee and the Ministry of Planning and Investment on the implementation of the local plan and the activities of enterprises with foreign investment, recommending training and improving the skills of planning and investment staff in the province.

9. Performing other tasks assigned by the Chairman of the provincial People's Committee.

II. ON THE ORGANIZATIONAL STRUCTURE OF THE PROVINCIAL DEPARTMENTS OF PLANNING AND INVESTMENT UNDER THE DIRECT CONTROL OF THE CENTRAL GOVERNMENT.

The leadership of the Provincial Department of Planning and Investment consists of the Director of the Department; assisting Directors responsible for various fields include Deputy Directors of the Department. The appointment, dismissal, and removal of the Director of the Provincial Department of Planning and Investment are decided by the Chairman of the provincial People's Committee based on professional standards set by the Minister of Planning and Investment and with prior agreement with the Minister of Planning and Investment. Deputy Directors are appointed, dismissed, and removed by the Chairman of the provincial People's Committee upon the recommendation of the Director of the Provincial Department of Planning and Investment.

The Provincial Department of Planning and Investment may establish specialized functional divisions such as: Economic Planning and Synthesis; Financial Planning; Sectoral Development Planning; Cultural and Social Planning; Infrastructure Construction; Appraisal; Foreign Economic Cooperation; Enterprises; Administrative Organization... depending on the scale and characteristics of the province.

The establishment of these divisions is decided by the Chairman of the provincial People's Committee upon the recommendation of the Director of the Provincial Department of Planning and Investment.

III. ON THE TASKS AND ORGANIZATIONAL STRUCTURE OF THE DISTRICT AND COUNTY PLANNING AND INVESTMENT OFFICES.

The District and County Planning and Investment Offices are subordinate to the District and County People's Committees and are subject to professional guidance from the Provincial Department of Planning and Investment. The District and County Planning and Investment Offices have the task of cooperating with district and county organizations to develop and synthesize plans for economic and social development, district and county budgets; planning infrastructure construction and rural development; monitoring the situation of economic establishments of the province and central government within their districts and counties; assisting the District and County People's Committees in issuing business registration certificates according to the delegation of authority from the provincial People's Committee, while also facilitating information exchange between the province and the districts and counties.

Based on the specific workload, sufficient personnel should be allocated to handle planning and investment work; capable of providing advisory support to the district and county authorities in building and developing the economy and society in accordance with the Party and State's economic and social development guidelines.

IV. IMPLEMENTATION.

The People's Committees of provinces and cities shall base their actions on the specific conditions of their localities to establish the Provincial Department of Planning and Investment and the District and County Planning and Investment Offices with sufficient capacity to effectively perform their advisory and comprehensive functions regarding the socio-economic planning and development plans of their localities. During the implementation process, if there are any difficulties or suggestions for amendments and supplements, they shall be reported to the Ministry of Planning and Investment and the Government's Organizational and Cadre Affairs Board for joint consideration and resolution.