Decision No. 11/2008/QĐ-TTg On certain mechanisms and special policies for management and socio-economic development of Hue City (a Class I city) under Thua Thien-Hue Province

Pursuant to …;

Regarding certain special mechanisms and policies in management and socio-economic development for Hue City (a first-class city) under Thua Thien Hue Province

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on Organization of People's Councils and People's Committees dated November 26, 2003;
Considering the proposal of the Minister of Home Affairs at the report No. 07/TTr-BNV dated January 2, 2008,

DECISION:

Article 1.

Issuing certain special mechanisms and policies in management and socio-economic development for Hue City, a first-class city (hereinafter referred to as the City) under Thua Thien Hue Province (hereinafter referred to as the Province) in the following areas:

- Management of planning, socio-economic development plans, and consolidation of national defense and security;

- Financial and budget management;

- Management of urban technical infrastructure projects;

- Construction management, urban construction planning, urban architecture, cultural heritage management;

- Organizational structure and personnel management.

Article 2.

1. To organize the preparation of comprehensive socio-economic development planning for the City, general urban development planning in accordance with the overall planning of the Province and the Central Vietnam Economic Zone approved by the Prime Minister, report to the People's Council at the same level for approval to submit to the People's Committee of the Province for approval.

2. To proactively develop and adjust five-year and annual socio-economic development plans suitable and adaptable to each stage of development, achieving high and sustainable growth rates.

3. To organize the preparation and implementation of specialized planning within the area, including important programs and projects in the socio-economic field managed by the City, to be reported to the People's Council at the same level for approval.

Based on socio-economic development plans and important programs and projects approved by competent authorities, the People's Committee of the City shall consider and decide: Approving socio-economic development plans, land use plans, urban transportation network planning consistent with socio-economic development plans; water supply and sanitation system planning; long-term service, tourism, industry, agriculture, trade, and foreign economic development plans; economic development programs and projects, national defense and security, and urban construction on the City's territory. For central projects within the City's territory, the People's Committee of the City will supplement the list to submit to the People's Committee of the Province for consideration.

The management and implementation of planning shall follow the principle that the People's Committee of the City is responsible for preparing and submitting to the competent authority for approval according to current laws, and simultaneously responsible for implementing according to the approved planning.

Article 3.

1. Based on the progress of project implementation, the ability to balance the central government budget, and the budget allocation capacity of the Province and the City; during the period from 2008 to 2011, investment support for developing infrastructure systems from the state budget shall be implemented as follows:

a) Prioritize allocating funds from the central government budget (including official development assistance ODA funds, government bonds, and other target programs) through central ministries and agencies or partially supporting the City's budget according to objectives to implement and carry out the following key projects:

- Urban technical infrastructure upgrade project (road and traffic systems; drainage; lighting...);

- Tourism infrastructure project;

- Commercial and service infrastructure project;

- Industrial cluster and high-tech infrastructure project;

- City Festival construction project;

- Comprehensive planning and development project for tourism in the City;

- Renovation project for historical relic sites: Upper Citadel, Citadel Moat, Imperial Canal.

- Relocation project for residents living on boats on the Huong River.

b) Based on the progress of project implementation, the budget allocation capacity of the Province and the City, and other sources of mobilization according to regulations, prioritize allocating local budget funds for other key projects, including:

- Investment in urban infrastructure construction projects, transportation systems, land clearance, compensation, resettlement, housing projects for resettlement, public welfare facilities.

4. Based on socio-economic development plans and important programs and projects approved by competent authorities, the People's Committee of the City shall consider and decide to approve socio-economic development plans; land use plans, urban transportation network planning consistent with socio-economic development plans; water supply and sanitation system planning; long-term service, tourism, industry, agriculture, trade, and foreign economic development plans; economic development programs and projects, national defense and security, and urban construction on the City's territory. For central projects within the City's territory, the People's Committee of the City will supplement the list to submit to the People's Committee of the Province for consideration.

The management and implementation of planning shall follow the principle that the People's Committee of the City is responsible for preparing and submitting to the competent authority for approval, complying with the law, and simultaneously responsible for implementing according to the approved planning.

Article 3.

1. Based on the progress of project implementation, the ability to balance the central government budget, and the budget allocation capacity of the Province and the City; during the period from 2008 to 2011, investment support for developing infrastructure systems from the state budget shall be implemented as follows:

a) Prioritize allocating funds from the central government budget (including official development assistance ODA funds, government bonds, and other target programs) through central ministries and agencies or partially supporting the City's budget according to objectives to implement and carry out the following key projects:

- Urban technical infrastructure upgrade project (road and traffic systems; drainage; lighting...);

- Tourism infrastructure project;

- Commercial and service infrastructure project;

- Industrial cluster and high-tech infrastructure project;

- City Festival construction project;

- Comprehensive planning and development project for tourism in the City;

- Renovation project for historical relic sites: Upper Citadel, Citadel Moat, Imperial Canal.

- Relocation project for residents living on boats on the Huong River.

b) Based on the progress of project implementation, the budget allocation capacity of the Province and the City, and other sources of mobilization according to regulations, prioritize allocating local budget funds for other key projects, including:

- Investment in urban infrastructure construction projects, transportation systems, land clearance, compensation, resettlement, housing projects for resettlement, public welfare facilities.

- Investment in technical infrastructure projects to create land funds, conduct land use rights auctions according to regulations, generate capital for development investment and repay required capital (if any) according to the State Budget Law;

- Programs and projects for socio-economic development, health, education, urban environment, and public welfare facilities approved by the People's Committee of the Province.

2. On support, management, and utilization of financial resources for development investment:

a) In necessary cases, the People's Committee of the City may borrow funds from state financial sources, domestic and foreign organizations and individuals for construction and development investment with the guarantee of the People's Committee of the Province according to the law.

b) Receiving non-refundable foreign aid without regard to the scale of the aid (except for aid related to institutional, policy, legal, administrative reform, cultural-information, and national defense-security matters as provided by current laws on the Management and Utilization of Non-Government Aid).

3. Regarding financial management for investment, construction, and development, the People's Committee of the City has the authority:

a) To use land funds to create capital for constructing urban technical infrastructure, technical infrastructure for industrial clusters and craft villages, and commercial-service technical infrastructure;

b) To establish the "Hue Urban Investment and Development Fund" with the participation of state capital, organizations, economic sectors, and individuals.

4. Annually, the provincial budget supplements targeted funding for the City from a portion of the increase in provincial revenue assigned by the Prime Minister for revenues shared between the central government budget and the provincial budget collected within the City's territory.

5. The standard for allocating regular budget expenditure estimates and investment spending for the City shall be consistent with that of a provincial-level city of type I.

6. Except for the provisions of this Decision, other contents concerning the City shall be implemented according to the State Budget Law and current regulations.

Article 4.

1. Developing and implementing transportation planning and development plans for the City in accordance with the overall plan of the transportation sector.

2. Managing urban transportation works: roads and inland waterways (excluding national and provincial road systems), parking lots, boat docks, and public transportation services directly; managing and operating urban water supply, drainage, and environmental sanitation systems.

3. Leading and coordinating with specialized agencies and units under ministries, ministerial-level agencies, and government agencies, and specialized agencies under the Provincial People's Committee in issuing unified management regulations for investment-construction activities, operation, and use of technical infrastructure projects within the City's territory.

Article 5.

1. Based on the approved general plan, organizing detailed planning according to the provincial classification; balancing and using budget funds reasonably according to the annual plan; having policies to create capital for survey, investigation, and design planning and architectural construction projects.

2. Issuing regulations on architectural management and urban construction planning, and urban design management regulations on the City's territory to concretize national standards and norms on planning, architecture, and construction in line with the City's actual conditions.

3. Introducing locations and issuing planning certificates for organizations and individuals; inspecting construction according to planning; conducting specialized construction inspection work.

Article 6.

1. Deciding and issuing investment certificates for projects managed and using domestic capital within the City's territory.

2. Approving and organizing implementation of sub-projects under ODA programs (within programs managed by the central government or the province) by delegation.

3. Encouraging and providing mechanisms to support investment in areas of preserving and restoring the imperial architectural ensemble and cultural heritage sites of the City.

Article 7.

1. Specialized agencies under the City People's Committee according to the new organizational model prescribed by the Government for provincial-level cities of type I and guidance from ministries and government agencies.

2. Based on the provincial People's Committee's planning, the City People's Committee decides to establish, merge, or dissolve service units under the City in line with assigned functions and tasks; suitable with self-management, self-responsibility schemes for task execution, organizational structure, staffing, and self-financing operations (except for organizations where such authority is stipulated by law to belong to the Government, the Prime Minister, the Minister in charge of the sector, or the Chairman of the Provincial People's Committee).

3. Regarding administrative staffing, commune-level cadres and civil servants, and service staffing:

a) On the basis of administrative and service staffing; the quota of commune-level cadres and civil servants assigned annually by the provincial People's Committee, the Chairman of the City People's Committee has the right to decide recruitment and allocation of staffing to each subordinate administrative and service agency and communes and wards under the City;

b) The City is permitted to use local budget to hire additional staff or contract work to fulfill assigned tasks;

c) The City People's Committee establishes certain allowance systems and policies within the City's budget to attract talented people, skilled workers, and highly qualified professionals to key fields and industries with high economic efficiency and priority development needs.

4. The City People's Committee is authorized by the Provincial People's Committee to directly sign training and capacity-building contracts for officials, civil servants, and employees at educational and training institutions both domestically and internationally.

Article 8.

1. The City People's Committee issues preferential regimes and specific management mechanisms to encourage various economic sectors to widely participate in providing urban public services through contracting, bidding, subsidized public services provided by investors, or signing contracts to purchase various types of urban public services, encouraging investment.

2. Deciding policies and measures to encourage, promote, and expand socialization forms for activities in science and technology, education and training, health, culture, sports, and physical education on the City's territory.

3. Issuing regulations on:

a) Encouraging the development of technical infrastructure within the City's territory;

b) Encouraging the development of various forms of public passenger transport;

c) Exploiting and using urban technical infrastructure effectively and rationally;

d) Encouraging domestic and foreign investment in public services within the City's territory.

Article 9.

1. The Ministries, ministerial-level agencies, government-affiliated agencies, and relevant agencies within their functions, duties, and authorities shall be responsible for guiding and coordinating with the People's Committee of the City to implement this Decision.

2. The People's Committee of the Province shall be responsible for:

a) Coordinating with central ministries and agencies to direct the City in developing comprehensive plans for economic and social development of the City, land use plans, sectoral and field-specific plans, and detailed plans for functional zones related to tourism, industry, construction, commerce, and city administrative centers, etc., to serve as the basis for establishing support projects, attracting investment, and encouraging domestic and foreign investment.

b) Issuing preferential investment policies and specific incentives in accordance with current laws to attract investors to implement projects for the city of Hue.

c) Developing detailed plans for functional zones related to tourism, industry, construction, and defense works, as well as national defense and security facilities according to combat strategies approved by the Prime Minister.

d) Directing the People's Committee of the City and specialized agencies of the People's Committee of the Province to coordinate with central ministries and agencies to effectively manage and implement projects, works, and funds to ensure they meet objectives and are efficient, thereby promoting rapid and sustainable development of the City.

Article 10.

This Decision shall take effect fifteen days after its publication in the Official Gazette.

Article 11.

The Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, the Chairman of the People's Committee of Thua Thien Hue Province, and the Chairman of the People's Committee of Hue City shall be responsible for implementing this Decision./.