Decree No. 116/2008/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment

DECREE

Regulations on the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

The Prime Minister issues this Decision on principles, criteria, and allocation standards for state budget investment capital development phase 2016-2020.

DECREE:

Article 1. Position and Functions

The Ministry of Planning and Investment is an agency of the Government, performing state management functions over planning, development investment, and statistics, including: providing comprehensive advice on national economic and social development strategies and plans; development planning, economic management mechanisms, policies, and specific fields; domestic investment, foreign investment in Vietnam, and Vietnamese investment abroad; economic zones (including industrial parks, border economic zones, high-tech zones, and other types of economic zones); management of official development assistance (ODA) and non-governmental foreign aid; tendering; establishment and development of enterprises and collective economic sectors, cooperatives; statistics; state management of public services in sectors and fields under the Ministry's jurisdiction as prescribed by law.

Article 2. Tasks and Powers

The Ministry of Planning and Investment performs tasks and powers as prescribed in Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies, and the following specific tasks and powers:

1. Submit to the Government draft laws, draft resolutions of the National Assembly, draft ordinances, draft resolutions of the Standing Committee of the National Assembly, draft resolutions, decrees of the Government according to the annual program and plan for legislative construction approved by the Ministry and other projects and programs assigned by the Government and Prime Minister.

2. Submit to the Government the five-year and annual national economic and social development strategies and plans along with macroeconomic balances of the national economy; timelines and plans for building and amending macroeconomic management mechanisms and policies; development planning and investment plans; total and sectoral structure of the entire society's development investment capital and state budget investment capital; detailed allocation of development investment capital within the balance and supplementary targeted capital; total and detailed allocation of government bonds and national treasury bills; the Government's program to implement the economic and social development plan after approval by the National Assembly; long-term debt strategy within the overall strategy for mobilizing investment capital for the economy; strategies, plans, and policies for attracting and utilizing foreign investment, ODA, and negotiations, signing, and joining international treaties within the Ministry's jurisdiction; strategies, plans, and policies for developing various types of enterprises, collective economies, and cooperatives; other projects as assigned by the Government.

3. Submit to the Prime Minister:

a. Comprehensive development planning for regions and territories; comprehensive development planning for economic zones; criteria and standards for allocating state budget development investment funds; lists of important investment programs and projects funded by various sources; contingency funds from the central budget for basic construction investment, national reserves, state credit support, share capital contributions, joint ventures; advance payments for basic construction investment from the central budget as prescribed by law; results of feasibility studies for planning projects, tendering plans, and tendering outcomes for projects within the Prime Minister's decision-making authority; mechanisms, policies, and solutions to develop various types of enterprises, collective economies, and cooperatives;

b. Draft regulatory legal documents in the field of statistics and other draft documents in sectors and fields managed by the Ministry within the Prime Minister's authority as prescribed by law.

4. Issue decisions, directives, circulars in sectors and fields under the Ministry's state management jurisdiction.

5. Direct, guide, inspect, and organize the implementation of regulatory legal documents on strategies, plans, development investment, and statistics that have been approved and issued by competent authorities, and other regulatory legal documents within the Ministry's jurisdiction; disseminate, popularize, and educate about laws in sectors and fields under the Ministry's jurisdiction.

6. On strategies, master plans, and plans:

a. Develop the Government's action program to implement the economic and social development plan after its approval by the National Assembly; manage the implementation of plans for certain sectors and fields assigned by the Government and Prime Minister;

b. Develop the overall strategy for national economic and social development during each period; compile development plans of ministries, sectors, and provinces and centrally-administered cities; establish comprehensive development planning for regions and territories, and economic zones; provide comments on plans within the approval authority of ministries, sectors, and provincial people's committees when requested;

c. Organize the publication of economic and social development strategies and plans, comprehensive economic and social development planning for regions and territories after approval; guide ministries, ministerial-level agencies, and provincial people's committees to develop annual and five-year plans linked to economic and social development, ensuring national defense and security, consistent with the national and regional economic and social development strategies and plans already approved;

d. Consolidate the main balances of the national economy: accumulation and consumption balance; financial and monetary balance; foreign borrowing and repayment; state budget; total social development investment capital, and monitor these balances; propose major solutions to maintain these balances according to strategic and plan objectives; coordinate with the Ministry of Finance in preparing the state budget estimate to ensure the achievement of plan objectives.

đ. Direct and guide ministries, sectors, and localities to monitor and evaluate the implementation of their plans; organize monitoring, evaluation, and reporting on the implementation of socio-economic development plans on a monthly, quarterly, and annual basis.

7. On development investment and state budget allocation:

a. Aggregate information on investment development. Develop master plans and annual investment plans for the whole society over five years; list priority programs and projects for attracting foreign direct investment and ODA funds; list programs and projects with investment groups A and above using state capital and lists of national target programs, target programs, and important projects.

b. Establish total levels and structures of investment development capital by sector and field; total levels and balance of investment development capital from the state budget by sector and field (including the structure of central government and local government budgets); total levels of state reserve capital, state share capital and joint ventures, supplementary capital for public enterprises, total levels of government bonds and treasury bills by sector and field, and total levels of national target program capital.

Take the lead and coordinate with the Ministry of Finance to aggregate detailed allocations of investment capital within the state budget for ministries and sectors, additional state reserve capital, ODA counterpart funds, and important projects, and investment capital from government bonds and treasury bills by sector and field.

Aggregate detailed allocations of capital for each national target program (including both investment and business operation capital), target programs, and other supplementary funds with specific objectives.

c. Take the lead and coordinate with the Ministry of Finance, relevant ministries and sectors, and localities to establish criteria and standards for detailed investment capital allocation; supervise and evaluate the effectiveness of state investment development capital usage, particularly investment development capital from the state budget.

d. Serve as the permanent member of the State Investment Project Appraisal Council for important national investment projects; appraise national target programs, target programs, and other projects assigned by the Prime Minister; review other investment projects according to laws on investment.

8. Regarding domestic investment, foreign investment, and overseas investment by Vietnam:

a. Act as the focal point to assist the Government in managing domestic investment activities and foreign direct investment in Vietnam, and Vietnamese investment abroad; organize investment promotion activities and guide investment procedures.

b. Implement registration or review, issue certificates for overseas investments, and take the lead in reviewing and issuing certificates for BOT, BTO, BT investment projects.

c. Take the lead and coordinate with relevant ministries and sectors to guide, monitor, inspect, and audit investment activities; propose solutions to issues arising during the formation, implementation, and execution of investment projects; assess the results and economic-social effectiveness of domestic and foreign investments; inspect, supervise, and comprehensively evaluate public investment activities. Report on the implementation of target programs and investment projects decided by the Prime Minister; act as the focal point to organize meetings between the Prime Minister and investors both domestically and internationally.

9. On ODA management:

a. Serve as the focal agency for attracting, coordinating, and managing ODA; take the lead in drafting strategies, policies, and guidelines for attracting and utilizing ODA; guide competent agencies in building lists of priority programs and projects for ODA mobilization; compile lists of ODA programs and projects requiring funding.

b. Lead the preparation of content, organization of mobilization, and coordination of ODA sources consistent with ODA attraction and utilization strategies and guidelines; propose the signing of framework international agreements and non-reimbursable ODA-specific international agreements according to law; support ministries, sectors, and localities in preparing content and tracking the negotiation process of specific ODA international agreements with donors.

c. Guide related units and organizations in preparing ODA programs and projects; take the lead and coordinate with the Ministry of Finance to determine financial mechanisms for using ODA funds allocated or loaned from the state budget.

d. Take the lead and coordinate with the Ministry of Finance to aggregate and prepare plans for disbursing ODA funds, build annual counterpart fund plans, and handle urgent needs for ODA projects funded from the state budget.

đ. Monitor, inspect, and evaluate ODA programs and projects according to law; serve as the focal point to handle matters within authority or recommend the Prime Minister to handle issues involving multiple ministries and sectors; periodically compile and report on the situation and effectiveness of ODA attraction and utilization.

10. Regarding tender management:

a. Review bidding plans and contractor selection results for projects under the Prime Minister's decision-making authority according to laws on bidding; coordinate with relevant ministries and sectors to monitor the implementation of bidding work for projects approved by the Prime Minister.

b. Guide, inspect, audit, supervise, and aggregate the implementation of laws on bidding; organize a bidding information network according to the current tiered mechanism.

11. Regarding economic zone management:

a. Develop and check the implementation of planning and development plans for economic zones nationwide.

b. Organize comprehensive planning reviews for economic zones, establishment of economic zones; coordinate with relevant ministries and sectors and provincial People's Committees to guide the implementation of planning and development plans for economic zones after approval.

c. Serve as the focal point to guide, inspect, aggregate, and report on investment development and operations in economic zones; take the lead and coordinate with relevant agencies to propose models and management mechanisms for economic zones.

12. On the establishment and development of enterprises:

a. Take the lead and coordinate with relevant ministries and sectors to develop strategies, programs, and plans for restructuring, modernizing, and developing state-owned enterprises; management mechanisms and support policies for restructuring state-owned enterprises and promoting small and medium-sized enterprises in various economic components.

b. Participate with ministries, sectors, provincial people's committees under the central government in reviewing proposals for establishing, restructuring, and reorganizing state-owned enterprises; compile the situation of restructuring, modernization, development of state-owned enterprises, and the development of enterprises of other economic sectors nationwide;

c. Assist the Government in uniformly managing state administration over business registration; guide procedures for business registration; inspect, monitor, and compile the situation of business registration and post-registration activities of enterprises throughout the country;

13. Regarding collective economy and cooperatives:

a. Develop strategies, programs, and plans for the development of the collective economy sector and cooperatives; organize guidance, inspection, urging, and summarizing the implementation of development programs and plans for the collective economy and cooperatives;

b. Organize the establishment of management mechanisms and policies to support the development of the collective economy and cooperatives;

14. Regarding statistics:

a. Assist the Government in uniformly managing state administration over the statistical field; uniformly manage the publication and provision of statistical information and statistical yearbooks in accordance with the law;

b. Specify the authority to issue statistical classification tables (excluding statistical classification tables of the judiciary and prosecution sectors) in accordance with the law;

c. Develop the national statistical indicators system, basic statistical reporting systems, comprehensive statistical reporting systems, long-term and annual national statistical survey programs, and statistical surveys as prescribed by law;

15. Exercise the right to represent the State's ownership interest in state-owned enterprises in industries and fields within the scope of the Ministry's management, including:

a. Develop proposals for restructuring, reorganization, and ownership conversion to be submitted to the Prime Minister for approval and direct the implementation of the proposal after approval;

b. Submit to the Prime Minister for appointment, dismissal, or appointment and dismissal within the authorized scope of leadership positions, managerial positions, and chief accountants;

c. Approve within the authorized scope or submit to the Prime Minister for approval the Charter of organization and operation of state-owned enterprises in industries and fields within the scope of the Ministry's management;

16. Organize and direct the implementation of scientific research plans, application of scientific and technological progress in fields within the scope of the Ministry's management;

17. Implement international cooperation in fields within the scope of the Ministry's management in accordance with the law;

18. Manage state administration over public services in fields within the scope of the Ministry's management in accordance with the law; manage and direct the activities of organizations under the Ministry;

19. Manage state administration over the activities of associations and non-governmental organizations in fields within the scope of the Ministry's management in accordance with the law;

20. Conduct inspections, audits, handle complaints and denunciations, prevent and combat corruption and misconduct, and process violations of the law in fields within the scope of the Ministry's management in accordance with the law;

21. Decide and direct the implementation of the administrative reform program of the Ministry according to the goals and contents approved by the Prime Minister after being reviewed by the Prime Minister;

22. Manage organizational structure and staffing; implement salary systems and incentive policies, rewards, and disciplinary measures for civil servants and employees under the Ministry's management in accordance with the law; train and enhance professional skills for cadres, civil servants, and employees in fields within the scope of the Ministry's management;

23. Manage finances and assets assigned and organize the implementation of allocated budgets in accordance with the law;

24. Perform other duties and powers assigned by the Government and the Prime Minister, and as prescribed by law.

Article 3. Organizational Structure

1. Department of National Economic Synthesis

2. Department of Local Economy and Territory;

3. Department of Finance and Currency;

4. Department of Industrial Economy;

5. Department of Agricultural Economy;

6. Department of Service Economy;

7. Department of Infrastructure and Urban Development;

8. Department of Management of Economic Zones;

9. Department of Investment Supervision and Appraisal;

10. Department of Foreign Economic Relations;

11. Department of Labor, Culture, and Social Affairs;

12. Department of Science, Education, Natural Resources, and Environment;

13. Department of Planning Management;

14. Department of National Defense and Security;

15. Department of Cooperatives;

16. Department of Legal Affairs;

17. Department of Cadre and Civil Servant Management;

18. Department of Motivation and Awards;

19. Inspectorate of the Ministry;

20. Office of the Ministry;

21. Bureau of Tender Management;

22. Bureau of Enterprise Development;

23. Bureau of Foreign Investment;

24. General Statistics Office;

25. Institute of Strategy and Development;

26. Central Institute for Economic Management Research;

27. National Center for Information and Forecasting of Economics and Society;

28. Information Technology Center;

29. Investment Newspaper;

30. Journal of Economics and Forecasting;

31. Academy of Policy and Development;

In this Article, organizations from Clause 1 to Clause 24 are administrative organizations assisting the Minister in performing state management functions; organizations from Clause 25 to Clause 31 are state-affiliated service organizations directly subordinate to the Ministry;

The Office of the Ministry, the Inspectorate of the Ministry, the Department of Foreign Economic Relations, the Department of National Economic Synthesis, the Department of Local Economy and Territory, and the Department of Planning Management shall be organized into divisions;

The Minister of Planning and Investment shall submit to the Prime Minister for issuance of decisions specifying the functions, tasks, powers, and organizational structures of the General Statistics Office, the Institute of Strategy and Development, the Central Institute for Economic Management Research, the National Center for Information and Forecasting of Economics and Society, and the list of other state-affiliated service organizations currently directly subordinate to the Ministry;

Article 4. Effective date

1. This Decree takes effect 15 days after its publication in the Official Gazette and replaces Decree No. 61/2003/NĐ-CP dated June 6, 2003, of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

Article 2. Abolish previous provisions that conflict with this Decree.

3. Decree No. 93/2007/NĐ-CP dated June 4, 2007, of the Government on the functions, tasks, powers, and organizational structure of the General Statistics Office under the Ministry of Planning and Investment ceases to be effective when the Prime Minister's Decision on the functions, tasks, powers, and organizational structure of the General Statistics Office under the Ministry of Planning and Investment is issued and becomes effective.

Article 5. Responsibilities for Implementation

Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, and Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.