Joint Circular No. 02/2004/TTLT-BKHĐT-BNV guiding the functions, tasks, powers, and organizational structure of specialized agencies assisting People's Committees in managing state affairs related to planning and investment at local levels.

JOINT CIRCULAR

Guidelines on the functions, tasks, powers, and organizational structure of specialized agencies assisting the People's Committee in state management of planning and investment at the local level

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Pursuant to Decree No. 61/2003/NĐ-CP dated June 6, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment

Pursuant to Decree No. 45/2003/NĐ-CP dated May 9, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs.

The Ministry of Planning and Investment and the Ministry of Home Affairs issue guidelines on the functions, tasks, powers, and organizational structure of specialized agencies assisting the People's Committee in state management of planning and investment at the local level as follows:

I. DEPARTMENT OF PLANNING AND INVESTMENT

1. Position and functions:

The Department of Planning and Investment is a specialized agency under the People's Committee of the province (hereinafter referred to as the province), providing advisory services and assisting the People's Committee of the province in performing state management functions related to planning and investment, including comprehensive fields such as planning and development of the economy and society; organizing implementation and making recommendations and proposals on economic and social management mechanisms and policies within the province; domestic and foreign investments in the locality; managing official development assistance (ODA) sources, bidding, business registration within the provincial territory; public services under the management of the Department according to the provisions of the law; implementing certain tasks and powers delegated by the People's Committee of the province and according to the provisions of the law.

The Department of Planning and Investment is subject to the direction and management of organization, staffing, and personnel work by the People's Committee of the province, while also being subject to the direction, guidance, and supervision of professional matters by the Ministry of Planning and Investment.

2. Tasks and authorities:

2.1. Submit to the People's Committee of the province for issuance of Decisions and Directives on the management of planning and investment areas within the scope of the Department's management according to the provisions of the law, the decentralization of the Ministry of Planning and Investment, and bear responsibility for the content of the submitted documents.

2.2. Submit to the People's Committee of the province for decision on the allocation and decentralization of management of planning and investment areas to the People's Committees of districts and departments of the province according to the provisions of the law; bear responsibility for guiding, inspecting the organization and implementation of these decentralization regulations.

2.3. Organize, guide, inspect, and bear responsibility for the organization and implementation of legal normative documents on planning and investment in the locality; including national economic and social development strategies, plans, and programs on the provincial territory and issues related to the construction and implementation of plans, the use of resources to develop the provincial economy and society.

2.4. On planning and planning:

2.4.1. Take the lead in compiling and submitting to the People's Committee of the province for approval the overall plan, long-term plan, five-year plan, and annual plan, budget allocation for investment capital from the local budget; major economic and social balances of the province; including accumulation and consumption balance, investment development capital balance, financial balance.

Announce and be responsible for organizing the implementation of the overall socio-economic development plan of the province after its approval according to regulations.

2.4.2. Submit to the People's Committee of the province the program for implementing the socio-economic development plan according to the Provincial People's Council Resolution and be responsible for monitoring, summarizing the situation of plan implementation monthly, quarterly, and annually to report to the People's Committee of the province for coordination and harmonization of major economic and social balances of the province.

2.4.3. Be responsible for managing and directing certain areas of plan implementation assigned by the People's Committee of the province.

2.4.4. Guide departments, district People's Committees, county People's Committees, town People's Committees, and city People's Committees (hereinafter referred to as district People's Committees) in building plans and programs consistent with the approved provincial socio-economic development plan.

2.4.5. Review plans and programs of departments and district People's Committees to ensure consistency with the provincial socio-economic development plan and submit them to the Chairman of the People's Committee of the province for approval.

2.4.6. Coordinate with the Finance Department to prepare the provincial budget and allocate the budget to units within the province for submission to the People's Committee of the province.

2.5. On domestic and foreign investment:

2.5.1. Submit and be responsible for the content of documents submitted to the People's Committee of the province regarding the list of domestic investment projects and foreign investment attraction projects for each planning period and adjustments when necessary.

2.5.2. Submit and be responsible for the content of documents submitted to the People's Committee of the province regarding the total investment capital of the entire province; allocation of investment capital structure by industry and field, project lists and investment amounts for each project managed by the state budget at the local level; annual state credit support totals, state share capital and joint ventures; consolidation of funding allocation plans and public service funds for national target programs and other programs and projects managed by the province.

2.5.3. Lead and coordinate with the Finance Department and relevant departments to monitor, inspect, and evaluate the effectiveness of investment in construction projects, national target programs, and other programs and projects managed by the province.

2.5.4. Review investment projects within the authority of the Chairman of the People's Committee of the province to decide; grant investment incentives certificates for projects investing in the provincial territory according to the decentralization.

2.5.5. Serve as the focal point to assist the People's Committee of the province in managing domestic investment activities and direct foreign investment according to the law; organize investment promotion activities, guide investment procedures, and issue investment permits within the authority.

2.6. On ODA capital and non-governmental aid sources.

2.6.1. Serve as the focal point for mobilizing, attracting, and coordinating the management of ODA capital and non-governmental aid sources of the province; guide departments in building project lists and contents using ODA capital and non-governmental aid sources; consolidate project lists using ODA capital and non-governmental aid sources for submission to the People's Committee of the province for approval and report to the Ministry of Planning and Investment.

2.6.2. Chair, monitor, and evaluate the implementation of ODA programs and projects and non-governmental aid sources; act as the focal point to handle issues arising between the Department of Finance and the Department of Planning and Investment regarding the allocation and disbursement of counterpart funds for ODA projects and non-governmental aid sources that involve multiple departments, sectors, districts, and communes within their jurisdiction or recommend the Chairman of the Provincial People's Committee to resolve such issues; periodically compile and report on the situation and effectiveness of attracting and utilizing ODA and non-governmental aid sources.

2.7. Regarding tender management:

2.7.1. Chair, review, and be responsible for the content of documents submitted to the Chairman of the Provincial People's Committee concerning the tender plans and bidding results of projects or packages within the Chairman's decision-making authority.

2.7.2. Guide, monitor, supervise, inspect, and audit the implementation of laws and regulations on tendering; compile reports on the implementation of approved projects and tendering activities.

2.8. Regarding industrial park and export processing zone management:

2.8.1. Chair and coordinate with relevant departments to review and submit to the Provincial People's Committee the overall planning of industrial parks and export processing zones within the province for submission to the Government and Prime Minister.

2.8.2. Submit to the Provincial People's Committee the planning for the development of industrial clusters and management mechanisms suitable for the actual development situation of the locality.

2.9. Regarding enterprises, business registration, and cooperative economy:

2.9.1. Chair and coordinate with relevant departments to submit to the Provincial People's Committee programs and plans for restructuring, reform, and development of state-owned enterprises under local management; management mechanisms and support policies for restructuring state-owned enterprises and developing small and medium-sized enterprises in various economic sectors within the province.

2.9.2. Serve as the focal point to review and be responsible for proposals for establishing, restructuring, and reorganizing state-owned enterprises under local management; compile reports on the restructuring, reform, and development of state-owned enterprises and the development of other types of enterprises.

2.9.3. Implement business registration for entities within the department's jurisdiction; guide business registration procedures for specialized agencies managing planning and investment at the district level; coordinate with relevant sectors to inspect, monitor, compile reports, and handle violations according to authority after business registration for local enterprises; collect, store, and manage business registration information in accordance with the law.

2.9.4. Chair and coordinate with relevant departments to propose models and mechanisms, policies for developing cooperative economies and household economies; guide, monitor, compile, and report to the Provincial People's Committee and the Ministry of Planning and Investment on the development situation of cooperative economies and household economies within the province.

2.10. Direct and guide professional and technical matters for specialized agencies of the People's Committee at the county level in performing state management tasks in planning and investment; monitor and inspect the organization and implementation of these tasks.

2.11. Organize and direct the implementation of research and application of scientific and technological progress; implement international cooperation in the field of planning and investment in accordance with the law; organize management and direct activities of public service organizations under the department.

2.12. Inspect, audit, and handle violations within the department's jurisdiction in implementing policies and laws related to planning and investment; resolve complaints and denunciations in accordance with the law.

2.13. Compile and report regularly and urgently on the implementation of assigned tasks in accordance with regulations to the Provincial People's Committee and the Ministry of Planning and Investment.

2.14. Manage organizational structure, staffing, cadres, civil servants, and officials in accordance with the law and provincial People's Committee delegation; organize training and professional development for cadres, civil servants, and officials under the department's management and develop human resources in the planning and investment sector at the local level.

2.15. Manage financial resources and assets allocated and implement the budget distributed in accordance with the law and provincial People's Committee delegation.

2.16. Perform other tasks assigned by the Chairman of the Provincial People's Committee.

3. Organizational Structure and Staffing of the Department of Planning and Investment

3.1. Leadership of the Department:

The leadership of the Department of Planning and Investment consists of a Director and no more than three Deputy Directors; for Hanoi and Ho Chi Minh City, no more than four Deputy Directors.

The Director is the head of the Department, accountable to the Provincial People's Committee and the law for all Department activities and assigned tasks; report work to the Provincial People's Committee, the Ministry of Planning and Investment, and the Provincial People's Council when required.

Deputy Directors assist the Director and are accountable to the Director and the law for the areas of work they are assigned.

The Chairman of the Provincial People's Committee appoints the Director and Deputy Directors based on professional and technical standards set by the Minister of Planning and Investment and Party and State regulations on cadre work. The removal, commendation, and disciplinary actions for Directors and Deputy Directors are carried out in accordance with the law.

3.2. Organizational Structure of the Department:

The organizational structure of the Department includes:

3.2.1. Office;

3.2.2. Inspectorate;

3.2.3. Specialized Departments;

3.2.4. Affiliated Public Service Units.

The establishment of specialized departments is based on the principle of comprehensively covering the Department's work areas and meeting the requirements of assigned functions and tasks; the functions and responsibilities of each department and other organizations must be clear and not overlap between departments and other organizations within the Department.

Based on the nature, characteristics, and specific management requirements for local planning and investment sectors, the Director of the Department of Planning and Investment shall coordinate with the Director of the Department of Home Affairs to submit to the Chairman of the Provincial People's Committee for a decision on the specific name and number of specialized and operational departments, but not exceeding seven specialized and operational departments; for the Department of Planning and Investment of Hanoi City and Ho Chi Minh City, it shall not exceed eight specialized and operational departments.

The affiliated public service units of the Department shall be decided by the Chairman of the Provincial People's Committee in accordance with the provisions of the law.

The Director of the Department of Planning and Investment shall stipulate the functions, tasks, and authorities of the subordinate units of the Department.

3.3. Staffing of the Department of Planning and Investment:

3.3.1. The determination of staffing, the allocation of civil servants and officials of the Department must be based on the functions and tasks of the Department and the job titles, standards of civil servant and state official ranks as prescribed by law.

3.3.2. Based on the volume of work, the nature, and specific characteristics of the provincial planning and investment work, the Director of the Department of Planning and Investment shall coordinate with the Director of the Department of Home Affairs to determine the staffing of the Department and submit to the Chairman of the Provincial People's Committee for a decision within the total administrative staffing quota of the province.

II. SPECIALIZED AGENCIES ASSISTING THE PEOPLE'S COMMITTEES OF DISTRICTS, COUNTIES, AND PROVINCE-GOVERNED CITIES IN MANAGING STATE AFFAIRS REGARDING PLANNING AND INVESTMENT

1. Position and functions:

1.1. The People's Committee of districts, counties, towns, and province-governed cities (hereinafter referred to as the district) shall have a specialized agency to provide advice and assist the People's Committee of the district in performing state management functions regarding planning and investment within the district in accordance with the law.

1.2. The specialized agency responsible for state management of planning and investment at the district level shall be under the direction and management of the organization, staffing, and personnel work of the People's Committee of the district; at the same time, it shall be under the guidance, supervision, and inspection of professional and technical matters by the Department of Planning and Investment.

2. Tasks and authorities:

2.1. Submit Decisions, Directives, and guiding documents to implement mechanisms, policies, laws, and regulations of the Provincial People's Committee and the Department of Planning and Investment regarding planning and investment work within the district to the People's Committee of the district.

2.2. Submit the five-year plans and annual plans in the field of planning and investment within the district to the People's Committee of the district; guide and inspect the implementation of these plans after approval.

2.3. Serve as the focal point for compiling and submitting programs, project lists, and investment projects within the district to the Chairman of the People's Committee of the district; review and take responsibility for projects, bidding plans, and tender results within the authority of the Chairman of the People's Committee of the district.

2.4. Provide information, promote investment, coordinate with relevant specialized departments to organize the attraction of domestic and foreign investors to invest in the district; provide professional guidance to staff engaged in planning and investment work at the commune level.

2.5. Take the lead and coordinate with related agencies to supervise and evaluate investments; inspect and audit the enforcement of laws on planning and investment within the district; handle complaints, denunciations, and violations within their jurisdiction.

2.6. Coordinate with other specialized departments of the district to guide the development of cooperative economic organizations, individual economies, and household economies; implement business registration for cooperatives and individual businesses within the district in accordance with the law.

2.7. Compile and report on the implementation of assigned tasks to the People's Committee of the district and the Department of Planning and Investment.

2.8. Manage the organization, staffing, personnel, and assets allocated according to the law and the delegation of the People's Committee of the district.

2.9. Perform other tasks assigned by the Chairman of the People's Committee of the district.

3. Organization and staffing:

3.1. Based on the specific conditions and circumstances of the locality, the People's Committee of the district shall submit to the Provincial People's Committee for a decision on the organizational form of the specialized agency assisting the People's Committee of the district in managing state affairs regarding planning and investment in accordance with the law.

3.2. Specialized and technical staff engaged in planning and investment work at the district level shall be allocated in proportion to the tasks assigned; designate a department head or one deputy department head to oversee planning and investment management work.

The specific number of staff engaged in planning and investment work at the district level shall be decided by the Chairman of the People's Committee of the district within the total administrative staffing quota of the district.

III. IMPLEMENTATION

1. This Circular replaces Circular No. 01/TTLB/BKH-TCCP dated January 2, 1996, issued by the Ministry of Planning and Investment and the Civil Service Administration of the Government (now the Ministry of Home Affairs) and shall take effect fifteen days after its publication in the Official Gazette.

2. The Chairman of the Provincial People's Committee shall base this Circular to specify the functions, tasks, authorities, organizational structure, and staffing of the Department of Planning and Investment; direct, guide, and inspect the stipulation and implementation of the functions, tasks, authorities, and organizational structure of the specialized agency assisting the People's Committee of the district in managing state affairs regarding planning and investment.

3. During the implementation process, if there are any issues arising, difficulties, or obstacles, the provinces need to promptly reflect them to the Ministry of Planning and Investment and the Ministry of Home Affairs for consideration and resolution.