Resolution No. 136/2024/QH15 on the organization of urban administration and pilot implementation of certain special mechanisms and policies for the development of Da Nang City

OF THE NATIONAL ASSEMBLY -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Resolution No.: 136/2024/QH15	Hanoi, June 26, 2024

 

RESOLUTION

ON THE ORGANIZATION OF URBAN ADMINISTRATION AND EXPERIMENTATION WITH CERTAIN SPECIAL MECHANISMS AND POLICIES FOR THE DEVELOPMENT OF DANANG CITY

OF THE NATIONAL ASSEMBLY

On the basis of the Constitution of the Socialist Republic of Vietnam;

BASED ON THE LAW ON THE ORGANIZATION OF THE NATIONAL ASSEMBLY NO. 57/2014/QH13, AS AMENDED BY SOME ARTICLES IN LAW NO. 65/2020/QH14;

Pursuant to the Law on Organization of Local Administration No. 77/2015/QH13, as amended and supplemented by Law No. 21/2017/QH14 and Law No. 47/2019/QH14;

Pursuant to the Law on Legislative Regulatory Documents No. 80/2015/QH13, which has been amended and supplemented by some articles according to Law No. 63/2020/QH14;

RESOLUTION:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Resolution stipulates the organization of urban administration and experimentation with certain special mechanisms and policies for the development of Danang City (hereinafter referred to as the City) regarding financial management, state budget; investment management; planning, urban, resource, and environmental management; priority industries and professions to attract strategic investors to the City; establishment of the Da Nang Free Trade Zone; investment in developing semiconductor chips, artificial intelligence, information and communication technology, science and technology management, innovation and creativity. 1. A startup enterprise is an enterprise established in accordance with the law to implement ideas based on exploiting intellectual property, technology, new business models, and has the potential for rapid growth.

Article 2. Applicability

1. State agencies, political organizations, and socio-political organizations.

2. Professional socio-political organizations, social organizations, and socio-professional organizations.

3. Other organizations and individuals related thereto.

Article 3. Explanation of Terms

In this Resolution, the following terms shall be understood as follows:

2. Strategic partners in the field of semiconductor chips and artificial intelligence must meet the following conditions:

a) They are enterprises operating in fields listed in Clause 1 of Article 12 of this Resolution;

b) They have signed a memorandum of understanding with the People's Committee of the City on cooperation in the field of semiconductor chips and artificial intelligence;

c) Their global revenue in the most recent year exceeds 25,000 billion VND;

d) They commit to supporting the City with software, hardware, human resource training, and other contents necessary for the development of semiconductor chips and artificial intelligence;

đ) They commit to long-term development in the City for a minimum period of five years.

3. A startup project incubation center, a startup enterprise incubation center (hereinafter referred to as an incubation center) is a facility providing technical infrastructure, resources, and services necessary for startup projects and startup enterprises to refine their business ideas and develop their businesses during the initial establishment phase.

4. An intermediary support organization for innovative entrepreneurship is an organization that promotes business, supports innovative entrepreneurship, a concentrated service area for supporting innovative entrepreneurship, a technical base supporting small and medium-sized enterprises, an incubation center, a shared workspace supporting startup enterprises, a technology transfer promotion and support center, an innovation support center, an innovation center, and a provider of shared equipment.

5. An innovation space, a shared workspace is a centralized working space, a product exhibition space, and an area providing facilities to support and connect startup enterprises.

6. Controlled testing is the testing of new technologies, products, services, or business models with innovative characteristics under real-world conditions within a limited scope under the control of competent state agencies in certain areas where the law does not provide regulations, does not allow implementation, or current legal provisions are not suitable for the characteristics and new features of the proposed technologies, products, services, or business models being tested, with the aim of encouraging innovation activities and serving as a basis for evaluation and improvement before formal application.

Logistics Center

7. is a type of integrated infrastructure where transportation, logistics services, and goods distribution activities are carried out, including receiving goods, transportation, warehousing, storage, customs procedures, other procedures, customer consultation, packaging, labeling, delivery, and other related services to goods. URBAN ADMINISTRATION ORGANIZATION

Chapter II

ORGANIZATION OF URBAN ADMINISTRATIVE POWER

Article 4. Urban administrative organization in the City

1. Local administration at the City level is a local administrative level, consisting of the People's Council of the City and the People's Committee of the City.

2. Local administration at the district level within the City is the District People's Committee.

The District People's Committee is the state administrative body at the district level, performing tasks and powers as prescribed in this Resolution and according to the delegation and authorization of the City People's Committee and the Chairman of the City People's Committee.

3. Local administration at the ward level within the districts of the City is the Ward People's Committee.

The Ward People's Committee is the state administrative body at the ward level, performing tasks and powers as prescribed in this Resolution and according to the delegation and authorization of the City People's Committee, the Chairman of the City People's Committee, the District People's Committee, and the Chairman of the District People's Committee.

4. The organization of local administration in other administrative units of the City shall be carried out in accordance with the provisions of the Law on Organization of Local Administration.

Article 5. People's Council of the City

1. The People's Council of the City performs the tasks and powers stipulated in the Law on Organization of Local Administrative Power, other relevant laws, and the following tasks and powers:

a) Decide on the budget revenue forecast for the national budget on its territory; the budget revenue and expenditure forecast for the local budget and the allocation of the budget forecast for its own level, including the budget forecast for lower-level local administrations; adjust the local budget forecast when necessary; approve the final accounts of the local budget;

b) Decide on the long-term, medium-term, and annual plans for economic and social development of the City, including the medium-term and annual plans for economic and social development of the district and the annual plan for economic and social development of the ward;

c) Approve the establishment, dissolution, merger, division, and adjustment of administrative boundaries of the district and ward;

d) Supervise compliance with the Constitution and laws and the implementation of resolutions of the People's Council of the City at the district and ward levels; supervise the activities of the District People's Committee, Ward People's Committee, District People's Court, and District People's Procuracy;

đ) Deputies of the People's Council of the City have the right to question the Chairman of the District People's Committee, the President of the District People's Court, and the Chief Prosecutor of the District People's Procuracy. The People's Council of the City examines the responses to questions from those questioned;

e) Elect judges of the District People's Court based on the recommendation of the Vietnam Fatherland Front Committee of the City; remove judges of the District People's Court upon the proposal of the President of the City People's Court after consultation with the Vietnam Fatherland Front Committee at the same level;

g) Based on the type of commune-level administrative unit, economic activities, and characteristics of the area, population size, and additional natural area of the commune-level administrative unit as prescribed by the Government, decide on the number of cadres and civil servants working at the ward and commune levels.

2. The Standing Body of the People's Council of the City consists of the Chairperson of the People's Council, two Vice-Chairpersons of the People's Council, and members who are Heads of Committees of the People's Council of the City. The Chairperson of the People's Council of the City may be a full-time representative of the People's Council; the Vice-Chairpersons of the People's Council of the City are full-time representatives of the People's Council.

Committees of the People's Council of the City consist of a Head, two Deputy Heads, and members. The Head of the People's Council Committee may be a full-time representative of the People's Council; the Deputy Heads of the People's Council Committee are full-time representatives of the People's Council. The People's Council Committee may arrange one full-time member. Full-time members receive salaries as currently stipulated for cadres and civil servants; they also receive position allowances equivalent to the rank of department head at the provincial level and other benefits and policies as prescribed by law.

3. The People's Council of the City establishes the Food Safety Department as a specialized agency under the City People's Committee; it defines the functions, tasks, powers, and organizational structure of the Food Safety Department based on transferring the state management functions regarding food safety, inspection, supervision, and administrative violation handling from the Health Department, the Agriculture and Rural Development Department, and the Industry and Trade Department to the Food Safety Department.

Article 6. The People's Committee of the City, the Chairman of the People's Committee of the City

1. The People's Committee of the City shall perform the tasks and powers prescribed in the Law on Organization of Local Administration, other relevant laws, and the following tasks and powers:

a) Draft and submit to the People's Council of the City for decision on the contents stipulated at points a and b, Clause 1, Article 5 of this Resolution and organize the implementation of the People's Council's resolutions. Based on the resolutions of the People's Council, decide on the assignment and adjustment of budget revenue and expenditure tasks for the districts and wards under its jurisdiction, decide on the policy and measures to implement the local budget, including district and ward budgets;

b) Decide on investment policies for programs and projects in Group B and Group C using public investment funds managed by the districts and wards;

c) Decide on the establishment, restructuring, dissolution, renaming, and defining functions and tasks of specialized agencies under the District People's Committees, ensuring that the number does not exceed the maximum number of specialized agencies as prescribed by the Government; organize multi-sector management, ensuring efficiency and effectiveness, fully performing the State management functions of the District People's Committees.

2. The Chairman of the People's Committee of the City shall perform the tasks and powers prescribed in the Law on Organization of Local Administration, other relevant laws, and the following tasks and powers:

a) Appoint, dismiss, transfer, rotate, detail, reward, discipline, and temporarily suspend the work of the Chairmen of the District People's Committees, Deputy Chairmen of the District People's Committees, and Chairmen of the Island District People's Committees, Deputy Chairmen of the Island District People's Committees;

b) Suspend the enforcement, revoke partially or entirely legal documents contrary to the law issued by the District People's Committees and Ward People's Committees.

Article 7. Organizational structure, working system, tasks, and powers of the District People's Committee

1. The organizational structure of the District People's Committee includes the Chairman of the District People's Committee; Deputy Chairmen of the District People's Committee; Chief of the Military Command of the District; Chief of the Police Station of the District; specialized agencies under the District People's Committee; other administrative agencies and public service units under the District People's Committee, with Class I Districts having no more than 03 Deputy Chairmen and Class II Districts having no more than 02 Deputy Chairmen.

The Chairman and Deputy Chairmen of the People's Committee of the district are civil servants holding leadership and management positions in the People's Committee of the district.

2. The working system of the People's Committee of the district is regulated as follows:

a) The District People's Committee operates under the head system, ensuring the principle of democratic centralism;

b) The Chairman of the District People's Committee is the head of the District People's Committee, accountable to the People's Council of the City, the People's Committee of the City, the Chairman of the People's Committee of the City, and the law regarding the performance of the tasks and powers of the District People's Committee.

The Chairman of the District People's Committee appoints, dismisses, transfers, rotates, details, rewards, disciplines, and temporarily suspends the work of the Chairmen of the Ward People's Committees, Deputy Chairmen of the Ward People's Committees, and heads and deputies of heads of specialized agencies under the District People's Committee; recruits and manages civil servants and public officials within their jurisdiction according to the law; signs documents of the District People's Committee;

c) Deputy Chairmen of the District People's Committee assist the Chairman of the District People's Committee in implementing tasks assigned by the Chairman of the District People's Committee and are responsible to the Chairman of the District People's Committee for the tasks assigned. In the absence of the Chairman of the District People's Committee, one Deputy Chairman of the District People's Committee appointed by the Chairman shall act on behalf of the Chairman to manage and resolve matters of the District People's Committee.

3. The District People's Committee has the following tasks and powers:

a) Implement the tasks and powers of budgetary units directly under the People's Committee of the City as prescribed by the State Budget Law;

b) Propose investment policies for programs and projects using state budget funds to the People's Committee of the City; participate in opinions on investment projects within the authority of the competent agency or individual as prescribed by the Public Investment Law, which requires participation of the People's Council at the district level; organize the implementation of public investment programs and projects and planning within the district according to the division of management;

c) Define the organizational structure and specific tasks and powers of specialized agencies under the District People's Committee in accordance with the actual situation of state management in urban areas of the City;

d) Be responsible for the effectiveness of the operation of the administrative system from the district to the grassroots level, ensuring unity and smoothness in the administrative system; implement administrative reform and civil service reform in the local administrative system;

đ) Propose and coordinate with competent agencies to perform tasks related to national defense, security, measures to ensure social order and safety, crime prevention and suppression, and other illegal acts on the territory according to the division of management;

e) Implement tasks related to organization and enforcement of the Constitution and laws, construction of government and administrative boundaries, education, training, science, technology, culture, information, physical education and sports, health, labor, social policy, ethnic policy, religious policy, administrative justice, judicial support, environmental protection measures, fire prevention and explosion prevention, disaster prevention and control, disease prevention and control, population management, and other tasks and powers as prescribed by law on the territory;

g) Manage and organize the use of office space, assets, working equipment, and state budget allocated according to the law;

h) Organize inspections, audits, resolution of complaints and denunciations, handling of violations of the law, receiving citizens according to the law;

i) Perform tasks and powers delegated by higher-level state agencies;

k) Delegate tasks and powers to the Ward People's Committees; delegate to specialized agencies, other administrative agencies, and public service units under the District People's Committee to perform the tasks and powers of the District People's Committee according to the law;

l) Issue regulatory legal documents to specify issues entrusted by laws and resolutions of the National Assembly and implement decentralization as stipulated in point k of this clause. Suspend the enforcement, revoke partially or entirely legal documents contrary to the law issued by specialized agencies under the District People's Committee and legal documents issued by the Ward People's Committees.

m) Decide on tasks that must be submitted to the People's Council of the district for approval before making a decision according to the provisions of the law; submit tasks within the jurisdiction of the People's Council of the district to the People's Committee of the city for decision according to the provisions of the law.

n) Perform other duties and powers as prescribed by law without contravening the provisions of this Resolution.

Article 8. Organizational structure, working regime, tasks, and powers of the People's Committee of the ward; management of ward and commune officials and civil servants

1. The organizational structure of the People's Committee of the ward includes the Chairman of the People's Committee of the ward; Deputy Chairmen of the People's Committee of the ward; Chief of the Ward Military Command Post; Head of the Police Station; other civil servants working at the People's Committee of the ward. People's Committees of Class I and Class II wards shall have no more than two Deputy Chairmen, while Class III wards shall have one Deputy Chairman.

The Chairman and Deputy Chairmen of the People's Committee of the ward are civil servants holding leadership and management positions in the People's Committee of the ward.

2. The working system of the People's Committee of the ward is regulated as follows:

a) The People's Committee of the ward operates under the head system, ensuring the principle of democratic centralism;

b) The Chairman of the People's Committee of the ward is the head of the People's Committee of the ward, responsible to the Chairman of the People's Committee of the district and to the law for the performance of the tasks and powers of the People's Committee of the ward; directly manages and uses civil servants according to the regulations of the Government and the delegation of authority from the People's Committee of the city, the Chairman of the People's Committee of the city, the People's Committee of the district, and the Chairman of the People's Committee of the district; signs documents of the People's Committee of the ward.

c) The Deputy Chairmen of the People's Committee of the ward assist the Chairman of the People's Committee of the ward in performing tasks assigned by the Chairman of the People's Committee of the ward and are responsible to the Chairman of the People's Committee of the ward for the assigned tasks. In the absence of the Chairman of the People's Committee of the ward, one Deputy Chairman of the People's Committee of the ward, appointed by the Chairman, shall act on behalf of the Chairman to manage and resolve matters of the People's Committee of the ward.

3. The People's Committee of the ward has the following tasks and powers:

a) Implement the tasks and powers of budgetary units subordinate to the People's Committee of the district according to the State Budget Law;

b) Propose investment policies for public investment programs and projects using state budget funds to the People's Committee of the district for submission to competent authorities for investment policy decisions; participate in opinions on investment policies for projects within the decision-making authority of agencies and individuals as stipulated by the Public Investment Law, which require participation of the People's Council at the commune level; organize the implementation of public investment programs and projects according to delegated management levels;

c) Propose and coordinate with competent agencies to implement tasks related to national defense, security, measures to ensure social order and safety, crime prevention and suppression, and other violations of the law on the territory according to delegated management levels;

d) Coordinate with the Vietnam Fatherland Front Committee at the same level to establish Election Committees for National Assembly deputies and People's Council deputies;

đ) Carry out tasks and powers delegated and authorized by higher-level state agencies;

e) Implement tasks related to organizing and ensuring the enforcement of the Constitution, laws, and documents of higher-level state agencies on the territory of the ward;

g) Decide on tasks within its authority according to the provisions of the law that must be submitted to the People's Council of the ward for approval before making a decision; submit tasks within the jurisdiction of the People's Council of the ward to the People's Committee of the district for decision according to the provisions of the law;

h) Have no authority to issue normative legal documents;

i) Perform other tasks and powers as prescribed by law without contravening the provisions of this Resolution.

4. Officials and civil servants working at the ward and commune belong to the county-level cadre and civil servant establishment. The election, recruitment, management, and utilization of officials and civil servants working at the ward and commune shall be carried out according to the regulations on elections, recruitment, management, and utilization of county-level cadres and civil servants and above, and according to the scope of authority and delegated management.

Chapter III

TRIAL OF SOME SPECIAL MECHANISMS AND POLICIES FOR THE DEVELOPMENT OF DANANG CITY

Article 9. On Investment Management

1. The separation of compensation, support, resettlement, and land clearance projects from public investment projects shall be carried out as follows:

a) The People's Council of the City decides on the general investment direction for overall projects with Group B scale in the transportation sector according to the laws on public investment, and has the authority to decide to separate the work of compensation, support, resettlement, and land clearance into independent projects when approving the general project investment direction; it decides on the objectives, scale, total investment amount, capital structure, and location of the compensation, support, resettlement, and land clearance project at the decision on the general project investment direction;

b) Based on the general project investment direction, the Chairman of the People's Committee of the City decides on the investment and adjustment of the compensation, support, resettlement, and land clearance project within the scope of the objectives, scale, total investment amount, capital structure, and implementation location of the general project;

In cases where adjustments to the compensation, support, resettlement, and land clearance project result in factors requiring adjustments to the general project investment direction, the People's Council of the City shall adjust the general project investment direction before the Chairman of the People's Committee of the City adjusts the compensation, support, resettlement, and land clearance project. Adjustments to the general project investment direction and adjustments to the compensation, support, resettlement, and land clearance project shall be carried out in accordance with the laws on public investment and other relevant laws;

The investment decision for the compensation, support, resettlement, and land clearance project serves as the basis for the competent authority to decide on allocating funds from the annual public investment plan for implementation, and simultaneously serves as the basis for the competent state agency to issue notices and decisions on land recovery;

d) The People's Council of the City issues a list of public investment projects that implement the separation of compensation, support, resettlement, and land clearance projects from public investment projects as stipulated in this clause;

2. Implementation of projects under the Public-Private Partnership (PPP) model (hereinafter referred to as PPP projects) shall be regulated as follows:

a) In addition to the sectors specified in the Law on Investment under the Public-Private Partnership Model, the City may apply the Public-Private Partnership model to projects in the sports, culture, and construction and operation of market infrastructure sectors;

b) The total investment amount for PPP projects in constructing and operating market infrastructure must not be less than 100 billion VND. The minimum total investment amount for PPP projects in the sports and cultural sectors shall be determined by the People's Council of the City;

c) The People's Committee of the City shall promulgate the service fee for leasing sales area in markets to be included in the tender documents for selecting investors;

d) The procedures for implementing PPP projects as stipulated in this clause shall be carried out in accordance with the laws on investment under the Public-Private Partnership Model and other relevant laws;

đ) The People's Council of the City shall specify the contents of PPP projects in the sports, cultural, and construction and operation of market infrastructure sectors in the preliminary feasibility study report, feasibility study report, and criteria for evaluating tender documents, PPP project contracts;

3. State-owned enterprises entrusted with managing and operating technical infrastructure clusters in industrial zones funded by public investment shall be granted land use rights, land lease rights, and the right to sublease land. The People's Committee of the City shall establish financial mechanisms, the authority to determine and decide on lease prices, and suitable lessees based on the actual conditions of the City.

Article 10. On financial management and state budget

1. In the first year of the stable budget period, the Government shall examine and submit to the National Assembly for decision on the appropriate proportion of revenue redistribution for the city's budget to ensure resources for implementing the city's economic and social development goals.

2. The city shall implement the mechanism for generating sources for salary reform as prescribed. After the city's budget ensures sufficient sources for salary reform and implements social welfare policies throughout the stable budget period as stipulated by the competent authority, the Municipal People's Council may decide to use any surplus from the salary reform fund in the city's budget to invest in socio-economic infrastructure within the city's budget expenditure tasks and additional income based on compliance with Clause 1, Article 15 of this Resolution.

3. The Municipal People's Council decides to apply on the city's territory:

a) Fees and charges not included in the list of fees and charges issued together with the Law on Fees and Charges;

b) Adjustments to the level or rate of collection of fees and charges decided by the competent authority for types of fees and charges listed in the list of fees and charges issued together with the Law on Fees and Charges, except court fees and charges, and types of fees under the central government budget that enjoy 100% allocation;

c) The pilot implementation of fee and charge policies on the city's territory as provided in points a and b of this clause must ensure a phased approach, be consistent with the city's capacity and development requirements; create a favorable production and business environment for enterprises; ensure market unity, without hindering the circulation of goods and services; reasonably regulate goods, services, and lawful income sources of organizations and individuals on the city's territory; ensure transparency and public disclosure, administrative reform of the State.

4. The city's budget shall benefit from 100% of the increased revenue from adjustments to fee and charge policies as provided in points a and b of Clause 3 of this Article to invest in socio-economic infrastructure within the city's budget expenditure tasks. These revenues shall not be used to determine the percentage (%) share between the central government budget and the city's budget.

5. The city is allowed to borrow through the issuance of local government bonds, borrowing from domestic financial institutions, other domestic organizations, and foreign loans from the Government lent to the city, with the total outstanding debt not exceeding 80% of the city's budget revenue allocated according to the classification. The total amount borrowed and the annual budget deficit of the city shall be decided by the National Assembly in accordance with the State Budget Law.

6. The draft budget expenditures of the People's Committee of districts under the city, the draft budget expenditures of the People's Committee of wards under the district shall allocate an unallocated portion ranging from 2% to 4% of the total district and ward budget expenditures for disaster prevention and control, epidemic response, accident handling, famine relief, important defense and security tasks, and other necessary tasks, ensuring that the total allocation of unallocated portions of the district and ward budgets and local budget reserves does not exceed 2% to 4% of the total local budget expenditures.

The Chairman of the People's Committee of the district, the Chairman of the People's Committee of the ward shall decide on expenditures from the unallocated portion; every six months, the People's Committee of the ward shall report to the People's Committee of the district for consolidation, and report to the People's Committee of the city to report to the Municipal People's Council at the nearest session.

7. The pilot financial mechanism to implement measures to reduce greenhouse gas emissions through carbon credit trading mechanisms is regulated as follows:

a) Carbon credits formed from programs and projects under carbon credit trading mechanisms funded from the city's budget can be traded with domestic and international investors. The People's Committee of the city shall coordinate with the Ministries of Industry and Trade, Transport, Agriculture and Rural Development, Construction, Natural Resources and Environment, Finance, and relevant ministries and sectors to determine the contribution ratio of reduced greenhouse gas emissions and absorption on the city's territory towards the national goal of reducing greenhouse gas emissions before trading carbon credits;

b) The People's Committee of the city shall issue procedures and make decisions on selecting investors. Revenue from carbon credit transactions is a city budget revenue that enjoys 100% allocation; these revenues shall not be used to determine the percentage (%) share between the central government budget and the city's budget;

c) The Municipal People's Council decides to use revenue from carbon credit transactions for programs and projects responding to climate change, green economy, digital economy, circular economy on the city's territory.

Article 11. On planning management, urban areas, resources, and environment

1. Based on the urban planning project of the City and the functional area construction planning project approved by the Prime Minister, the Prime Minister decides to delegate authority to the People's Committee of the City to approve partial adjustments to the urban planning of the City and partial adjustments to the functional area construction planning according to procedures and formalities prescribed by the Prime Minister, and report to the Prime Minister on the results of implementation.

2. Conditions for issuing permits for construction with a time limit for public works including parking houses, parking lots, and public restrooms on land managed by the State include the following:

a) Located in areas with detailed planning, detailed functional area construction planning, or sectoral planning, sectoral functional area construction planning that have been approved and announced by competent state agencies but not yet implemented;

b) The scale of the construction project complies with construction standards, does not overload infrastructure, ensures urban aesthetics, guarantees safety for the project and adjacent projects, and meets environmental protection requirements, fire prevention, and explosion prevention; ensures technical infrastructure safety; the existence period of the project according to the implementation plan of the sectoral planning, sectoral functional area construction planning, or detailed functional area construction planning approved by competent state agencies;

c) When the existence period of the construction project recorded in the construction permit expires and the construction planning is being implemented, or when required by competent state agencies, the investor must dismantle the project themselves; if they do not dismantle it themselves, it will be forcibly demolished and they will bear all costs related to the enforcement measures. If the construction planning has not been implemented by the expiration date recorded in the construction permit, the investor may continue to use the project until the competent state agency notifies them to demolish the project;

d) The People's Council of the City stipulates the authority, procedures, and formalities for issuing construction permits with a time limit.

3. The Management Board of the High-Tech Zone and Industrial Zones of Da Nang has the authority to review and approve tasks and detailed planning projects within the High-Tech Zone, Concentrated Information Technology Zone, and Industrial Zones; to review and approve the results of environmental impact assessment reports under the authority of the City People's Committee; to issue, renew, reissue, adjust, and revoke environmental permits under the authority of the City People's Committee and District and County People's Committees within the High-Tech Zone, Concentrated Information Technology Zone, and Industrial Zones.

4. Land recovery for constructing components and projects to form logistics centers shall be carried out in accordance with Article 79 of the Land Law. Procedures and formalities for preparing land recovery shall be implemented in accordance with Clause 5 of this Article. Implementation of land recovery, compensation, support, and resettlement shall be carried out in accordance with laws on land.

5. Preparation for land recovery for some projects in the City shall be carried out as follows:

a) For industrial zone construction projects, high-tech zone construction projects, concentrated information technology zone construction projects with a scale of over 100 hectares; functional zones within the Da Nang Free Trade Zone, logistics centers, national and local technical infrastructure, transportation, and urban areas with a scale of over 50 hectares where the State recovers land according to the provisions of the Land Law; independent public investment projects implementing compensation, support, and resettlement as prescribed in Clause 1 of Article 9 of this Resolution, based on district-level land use planning and annual district-level land use plans, the People's Council of the City issues a list of projects to be organized and implemented before conducting investigations, surveys, measurements, verifications, and origin checks of land and attached assets according to the procedures and formalities prescribed in this clause;

b) Based on the list of projects prescribed in point a of this clause, competent state agencies recover land according to the provisions of the Land Law and issue notifications organizing investigations, surveys, measurements, verifications, and origin checks of land and attached assets.

Notifications organizing investigations, surveys, measurements, verifications, and origin checks of land and attached assets are sent to each land user and published through mass media and posted at the offices of the People's Committee of the commune and common community activity locations.

c) Based on the notification prescribed in point b of this clause, organizations authorized to carry out compensation and clearance of land, according to the provisions of the Land Law, may implement investigations, surveys, measurements, verifications, and origin checks of land and attached assets before the competent state agency issues a land recovery notification.

The People's Committee of the commune is responsible for coordinating with organizations authorized to carry out compensation and clearance of land to implement investigations, surveys, measurements, verifications, and origin checks of land and attached assets.

Land users are responsible for cooperating with organizations authorized to carry out compensation and clearance of land to conduct investigations, surveys, measurements to determine land area, statistics of housing and other attached assets to prepare compensation, support, and resettlement plans.

d) After selecting investors to implement projects according to the law or public investment projects decided by competent state agencies for projects prescribed in point a of Clause 5 of this Article, competent state agencies recover land according to the provisions of the Land Law and issue land recovery notifications, using investigation, survey, measurement, verification, and origin check results of land and attached assets conducted according to points b and c of this clause to prepare compensation, support, and resettlement plans.

The preparation, review, approval, and organization of implementation of compensation, support, and resettlement plans and decisions on land recovery shall be carried out in accordance with laws on land.

đ) The Municipal People's Council decides to use the local budget to implement the contents specified in point c of this clause and prescribe the procedures and formalities for implementing the provisions of this clause.

6. An investor currently implementing a project to treat household solid waste who voluntarily converts the entire technology of the project to treat household solid waste with energy recovery shall be considered and decided upon by the Municipal People's Committee in the form of ordering a quantity of household solid waste. The Municipal People's Council shall issue criteria, standards, conditions, quotas, unit prices, and orders related to the quantity of household solid waste ordered and shall be responsible for ensuring transparency, fairness, efficiency, and preventing loss, waste, and corruption.Supplement

Article 12. Attracting strategic investors

1. The list of industries, businesses, and projects prioritized for attracting strategic investors to the city includes:

a) Investment in building innovation centers, data centers, research and development (R&D) centers linked to training; investment in researching and supporting the transfer of high-tech in the fields of information technology, artificial intelligence (AI) technology; biotechnology, automation technology, new materials technology, clean energy with an investment capital of VND 20 trillion or more;

b) Investment in projects in the field of semiconductor chips, integrated circuit industry, manufacturing electronic components, integrated circuits (IC), flexible electronics (PE), new battery technology, new materials, defense industry, high-tech catalog and products approved by the Prime Minister with an investment capital of VND 40 trillion or more;

c) Investment in constructing and operating infrastructure in functional zones within the Da Nang Free Trade Zone according to the planning approved by the competent authority including: Commercial-service areas with an investment capital of VND 30 trillion or more; Logistics center linked to Lien Chieu Port with an investment capital of VND 30 trillion or more; Production zones with an investment capital of VND 30 trillion or more;

d) Investment in constructing and operating inland waterway tourism with an investment capital of VND 80 trillion or more;

đ) Investment in constructing the overall project of Lien Chieu Port with an investment capital of VND 450 trillion or more.

2. Strategic investors must provide a written commitment to comply with obligations and responsibilities stipulated in Clause 7 and Clause 8 of this Article; provide a written commitment to training and developing human resources, meeting national defense, security, and environmental protection conditions as prescribed by Vietnamese law, and must meet one of the following conditions:

a) Having a registered capital of VND 50 trillion or more when implementing the investment project specified in point a of Clause 1 of this Article and having experience in investing in similar projects with a total investment capital of VND 100 trillion or more;

b) Having a registered capital of VND 100 trillion or more when implementing the investment project specified in points b and c of Clause 1 of this Article and having experience in investing in similar projects with a total investment capital of VND 200 trillion or more;

c) Having a registered capital of VND 200 trillion or more when implementing the investment project specified in point d of Clause 1 of this Article and having experience in investing in similar projects with a total investment capital of VND 200 trillion or more;

d) Having a registered capital of VND 900 trillion or more when implementing the investment project specified in point đ of Clause 1 of this Article and having experience in investing in similar projects with a total investment capital of VND 2,500 trillion or more.

3. Based on the list of industries, businesses, and priority projects for attracting strategic investors stipulated in Clause 1 of this Article, strategic investors or authorized state agencies shall propose investment projects according to the following regulations:

a) For projects in the fields of artificial intelligence (AI) technology, semiconductor chip technology, integrated circuit industry at point a and point b of Clause 1 of this Article requesting land lease from the State: strategic investors shall be granted land lease by the State without going through public auction of land use rights or bidding for investors, the competent authority shall approve the investment proposal and the investor simultaneously without going through public auction of land use rights or bidding for investors. The investment procedures shall be carried out in accordance with laws on investment. The determination of land price and financial obligations shall be carried out in accordance with laws on land and relevant laws;

b) For projects stipulated in Clause 1 of this Article not falling under the cases stipulated in point a of this clause, the competent authority approving the investment proposal shall implement the procedures and formalities for approving the investment proposal in accordance with laws on investment and Clause 4 of this Article.

4. Procedures and formalities for registering to implement projects and selecting strategic investors for projects not falling under the cases stipulated in Clause 4 of Article 29 of the Investment Law shall be implemented as follows:

a) Based on the decision approving the investment proposal for the project stipulated in point b of Clause 3 of this Article, the authorized investment registration agency of the city shall publish project information, preliminary requirements for the investor's capacity and experience, and conditions for determining strategic investors on the National Public Procurement System;

b) Based on the published information stipulated in point a of this clause, investors prepare and submit project implementation registration documents. The investor's project implementation registration documents include: project implementation registration document; documents on the legal status, capacity, and experience of the investor; documents proving compliance with the conditions stipulated in Clause 2 of this Article and other related documents (if any);

c) After the deadline for registering to implement the project, the authorized investment registration agency of the city shall organize a preliminary evaluation of the capacity and experience of investors who have submitted project implementation registration documents. Based on the results of the preliminary evaluation of capacity and experience, the person with authority decides to select the investor to decide on organizing the implementation according to one of the cases stipulated in points d, đ, e of this clause;

d) In the case where there is only one investor who has registered and met the initial requirements for capacity and experience, or where multiple investors have registered but only one meets the initial requirements for capacity and experience, the approval of that investor shall be carried out in accordance with the laws on investment.

đ) In the case where two or more investors meet the initial requirements for capacity and experience, among which only one investor is determined to meet the conditions for strategic investors as stipulated in Clause 2 of this Article, the approval of that strategic investor shall be carried out in accordance with the laws on investment.

e) In the case where two or more investors meet the initial requirements for capacity and experience, among which two or more investors are determined to meet the conditions for strategic investors as stipulated in Clause 2 of this Article, the competent state agency shall apply or choose to apply the laws on bidding to select investors from among those investors who are determined to meet the conditions for strategic investors.

g) The People's Committee of the City shall specify detailed information disclosure models for projects attracting strategic investors, including initial requirements for the capacity and experience of investors; registration files for implementing the project.

5. Strategic investors shall enjoy the following incentives:

a) Research and development (R&D) costs may be deducted from taxable income for R&D activities at 150% of actual costs when calculating corporate income tax. Actual R&D costs shall be determined in accordance with the accounting laws.

b) They shall enjoy preferential procedures for customs clearance and tax formalities for goods exported and imported under investment projects implemented by strategic investors in the City, provided they meet the conditions for applying preferential procedures under the laws on customs and taxes, except for the condition regarding export and import turnover.

6. Strategic investors implementing projects in the fields of artificial intelligence (AI) technology, semiconductor chip technology, integrated circuit manufacturing industry, information technology, innovation and creativity, research and development linked to training shall be eligible for the form of land leasing by the State with payment of rent for the entire lease period in one lump sum. The determination of land prices and financial obligations when the State leases land with payment of rent for the entire lease period shall be carried out in accordance with the laws on land and related laws.

7. Strategic investors shall have the following obligations:

a) To implement the project according to the contents specified in the decision approving the investment orientation, the decision approving the investor, or the certificate of investment registration.

b) Investment projects specified in Points a, b, and c of Clause 1 of this Article must disburse investment capital within five years, and investment projects specified in Point d of Clause 1 of this Article must disburse investment capital within seven years from the date of issuance of the decision approving the investment orientation, the decision approving the investor, or the certificate of investment registration. During this period, strategic investors may not transfer the project.

c) Investment projects specified in Point đ of Clause 1 of this Article must disburse investment capital within ten years from the date of actual handover of land and water surfaces. Within ten years from the date of issuance of the decision approving the investor, strategic investors may not transfer the project.

d) To provide funding for vocational training for workers affected in the project area; to prioritize local labor force employment in the project; to fulfill commitments regarding the application and transfer of advanced, new, and high-tech technologies (if applicable).

8. During the implementation of investment projects, if strategic investors fail to meet the conditions for capital, disbursement progress, and other conditions for strategic investors, they shall not enjoy the incentives stipulated in this Resolution. Investors shall be responsible for the consequences arising from their failure to comply with their commitments in accordance with the law.

Article 13. Establishment of the Da Nang Free Trade Zone

1. The Da Nang Free Trade Zone shall be established in conjunction with the Lien Chieu Seaport. The Free Trade Zone is a functional area with clearly defined geographical boundaries, established to pilot mechanisms and policies aimed at attracting investment, finance, trade, tourism, and high-quality services.

2. The Da Nang Free Trade Zone includes functional areas as specified in the Decision on establishing the Da Nang Free Trade Zone issued by the Prime Minister, including production zones, logistics centers, commercial-service zones, and other types of functional areas as prescribed by law. Functional areas within the Da Nang Free Trade Zone are separated from the outside area by physical barriers to ensure customs inspection, supervision, and control activities of customs authorities and state management activities according to relevant laws. The relationship of buying and selling goods between functional areas within the Da Nang Free Trade Zone and the outside area is an export-import relationship as prescribed by laws on customs, taxes, and exports-imports.

3. Competence and procedures for establishing the Da Nang Free Trade Zone and its functional areas are stipulated as follows:

a) The Prime Minister decides on the establishment, adjustment, and expansion of the boundaries of the Da Nang Free Trade Zone. Procedures and formalities for establishing, adjusting, and expanding the boundaries of the Da Nang Free Trade Zone are carried out in accordance with the procedures and formalities for establishing, adjusting, and expanding the boundaries of economic zones as prescribed by law.

b) Based on the Decision on establishing, adjusting, and expanding the boundaries of the Da Nang Free Trade Zone approved by the Prime Minister, the People's Committee of the City organizes the preparation, review, and approval of partial adjustments to the overall planning of the city within the boundaries of the Da Nang Free Trade Zone to ensure synchronization after obtaining written consensus from the Ministry of Construction.

c) The People's Committee of the City agrees to the investment proposal for projects to construct and operate infrastructure in functional areas within the Da Nang Free Trade Zone. Procedures and formalities for agreeing to investment proposals are carried out in accordance with the procedures and formalities for agreeing to investment proposals for projects under the jurisdiction of provincial-level People's Committees as prescribed by laws on investment. During the process of implementing the procedures for agreeing to investment proposals, the People's Committee of the City decides on soliciting opinions from relevant ministries and sectors and decides on agreeing to investment proposals within its authority.

4. Land policy for the Da Nang Free Trade Zone is stipulated as follows:

a) The acquisition of land for construction projects to form the Da Nang Free Trade Zone is implemented according to Article 79 of the Land Law. Procedures and formalities for preparing land acquisition are carried out according to Clause 5, Article 11 of this Resolution. Implementation of land acquisition, compensation, support, and resettlement is carried out according to laws on land.

b) In cases where the proposed location of the Da Nang Free Trade Zone has not been determined in the urban land use plan or there have been adjustments to the scale or location that have been approved, the People's Committee of the City compiles and submits to the People's Council of the City for approval, ensuring that it does not exceed the land use indicators allocated and supplemented annually by the competent authority at the district level; updating into the next period's urban land use plan and district land use plan.

c) Investors selected to construct and operate infrastructure in functional areas within the Da Nang Free Trade Zone are granted land leases by the People's Committee of the City, having rights and obligations like investors who lease land from the State to implement projects to construct and operate infrastructure in industrial zones as prescribed by laws on land.

d) Investors leasing land in functional areas within the Da Nang Free Trade Zone have rights and obligations like lessees of land attached to infrastructure in industrial zones as prescribed by laws on land.

5. Investment incentives in the Da Nang Free Trade Zone are stipulated as follows:

a) The operating term of projects to construct and operate infrastructure in functional areas within the Da Nang Free Trade Zone, and projects of investors leasing land in the Da Nang Free Trade Zone are applied as projects invested in economic zones as prescribed by laws on investment.

b) Foreign investors establishing economic organizations in the Da Nang Free Trade Zone are not required to have investment projects and do not need to complete investment registration certificate issuance procedures before establishing economic organizations.

Foreign investors follow procedures and formalities for establishing economic organizations as applied to domestic investors according to laws on enterprises and corresponding laws for each type of economic organization. Business registration agencies or other competent authorities according to laws for each type of economic organization check compliance with market access conditions for restricted industries and professions for foreign investors as prescribed by laws on investment.

After establishment, economic organizations implementing investment projects must follow investment procedures as prescribed by laws on investment.

c) The level of incentives and the duration of land rent exemptions and reductions for projects to construct and operate infrastructure in functional areas within the Da Nang Free Trade Zone are applied as projects to construct and operate infrastructure in functional areas within economic zones.

d) The level of incentives and the duration of preferential application regarding corporate income tax for projects invested in the Da Nang Free Trade Zone are applied as for projects invested in economic zones according to laws.

đ) The application of taxes on goods and services bought and sold, supplied within the functional zones of the Da Nang Free Trade Zone; between domestic areas and foreign areas with the functional zones of the Da Nang Free Trade Zone shall be applied according to the provisions of the laws on export tax, import tax, value-added tax, special consumption tax like the non-tariff zone in the economic zone;

e) In addition to investment incentives stipulated in this Clause, investment projects in the functional zones of the Da Nang Free Trade Zone shall also enjoy incentives as investment incentives for projects in the economic zone according to the provisions of the laws on tax, land law, credit law, accounting law, and other relevant laws;

g) For investment projects meeting conditions to enjoy different levels of investment incentives at the same time, the investor may choose to apply the highest level of incentive;

6. Enterprises having investment projects in the functional zones of the Da Nang Free Trade Zone shall enjoy preferential treatment according to the provisions of the customs law for export and import activities within the city when they meet the conditions for applying preferential treatment according to the customs law, tax law, finance law, and other relevant laws, except for the condition regarding the volume of exports and imports;

7. Based on the city's budget balancing capacity, the appropriateness with related planning, the People's Council of the city decides on investment or support for investment in construction of technical infrastructure and social infrastructure within and outside the Da Nang Free Trade Zone to promote the formation and development of production and business activities in the Da Nang Free Trade Zone;

Management, use, and disposal of state assets formed from state budget capital in the Da Nang Free Trade Zone shall be carried out according to the regulations of the law on industrial parks and functional zones in economic zones;Supplement

8. The Board of Management of the High-Tech Park and Industrial Zones of Da Nang shall directly perform state management functions over the Da Nang Free Trade Zone and carry out the following tasks and powers:

a) Issuing, adjusting, revoking investment registration certificates, decisions approving investment proposals, and performing other authorities of the investment registration agency according to the investment law for investment projects in the Da Nang Free Trade Zone;

b) Reviewing, approving, and approving adjustments to detailed construction plans for investment and construction projects within the jurisdiction of the district and county People's Committees; reviewing, approving, and approving adjustments to detailed construction plans and zoning construction plans for functional zones within the jurisdiction of the city People's Committee in the Da Nang Free Trade Zone. The procedures and formalities for implementing the contents stipulated herein shall be applied as those for the procedures and formalities of the city People's Committee for reviewing, approving, and approving adjustments;

c) Reviewing, approving design, economic-technical reports, feasibility studies, construction permits, inspecting acceptance work for construction investment projects within the jurisdiction of specialized construction management ministries, the city People's Committee; the procedures and formalities shall be applied as those within the jurisdiction of specialized construction management ministries and the city People's Committee corresponding to each task;

đ) Reviewing and approving environmental impact assessment results within the jurisdiction of the Ministry of Natural Resources and Environment, the city People's Committee within the scope of functional zones in the Da Nang Free Trade Zone; the procedures and formalities shall be applied as those within the jurisdiction of the Ministry of Natural Resources and Environment and the city People's Committee corresponding to each task;

Issuing, reissuing, replacing, adjusting, and revoking environmental permits within the jurisdiction of the Ministry of Natural Resources and Environment, the city People's Committee, district and county People's Committees within the scope of functional zones in the Da Nang Free Trade Zone; the procedures and formalities shall be applied as those within the jurisdiction of the Ministry of Natural Resources and Environment and the city People's Committee corresponding to each task;

đ) Issuing, reissuing, extending, and revoking Labor Permits; confirming foreign workers not requiring labor permits for foreigners; approving the need to use foreigners for positions that Vietnamese workers cannot meet for enterprises under its management; receiving and processing applications for internship labor contracts under 90 days from enterprises under its management. The procedures and formalities for implementing the contents stipulated herein shall be applied as those within the jurisdiction of the municipal Department of Labor, Invalids, and Social Affairs for approval in this field;

e) Issuing various types of certificates of origin for goods produced in the functional zones of the Da Nang Free Trade Zone when meeting the delegation conditions prescribed by the Ministry of Industry and Trade for the Board of Management of industrial parks and economic zones;

9. The responsibilities of ministries, sectors, and the city People's Committee for state management of the Da Nang Free Trade Zone are stipulated as follows:

a) Within the scope of authority granted according to the law, the Government shall consider and issue documents to specify contents not provided for in this Article or to resolve arising issues in the management and development of the Da Nang Free Trade Zone ensuring transparency, simplification of administrative procedures, and expansion of decentralization and delegation to the Board of Management of the High-Tech Park and Industrial Zones of Da Nang. In cases exceeding its authority, the Government shall submit to the Standing Committee of the National Assembly for consideration and decision.

b) Ministries, ministerial-level agencies, and government agencies shall be responsible for taking the lead and coordinating with the People's Committee of the City in supervising the delegation and authorization to the Management Board of the High-Tech Zone and Industrial Zones of Da Nang to perform the tasks and powers stipulated herein; directing, guiding, inspecting, and checking matters within their state management functions; resolving issues within their authority or reporting to higher authorities for resolution of issues arising during the organization and implementation process and monitoring the enforcement of laws within their assigned state management scope;

c) The People's Committee of the City shall be responsible for promulgating regulations on the functions, tasks, powers, procedures, and formalities for implementing tasks within the Management Board of the High-Tech Zone and Industrial Zones of Da Nang's jurisdiction and supervising the implementation of these regulations. For issues arising during the implementation process, the People's Committee of the City shall promulgate according to its authority or report to the Government for issuance of regulations as stipulated in point a of this clause;

10. Other state management contents shall be implemented as follows:

a) State management of visas, departure, entry, temporary stay, residence of foreigners, fire safety, security, public order, and social safety shall be carried out in accordance with the provisions of the law applicable to industrial zones;

b) State management in areas such as urban planning, environmental protection, and other related fields not specified in this Article shall be carried out in accordance with the provisions of the law applicable to economic zones;Supplement

Article 14. Investment in the development of semiconductor integrated circuits, artificial intelligence, information and communication technology, scientific and technological management, innovation and creativity

1. Support for innovative activities and startups, semiconductor integrated circuits, and artificial intelligence in the city shall be regulated as follows:

a) Enterprises engaged in startup innovation activities, semiconductor integrated circuit enterprises, and artificial intelligence enterprises shall be exempt from corporate income tax for a period of five years from the date when taxable income from such activities arises; organizations providing support for startup innovation activities, including science and technology organizations, Startup Innovation Support Centers, and intermediary organizations supporting startup innovation activities established within the city shall also be exempt from corporate income tax for income arising from such activities. In cases where enterprises fall under the application of global minimum taxation, they shall comply with the corresponding tax regulations;

b) Individuals and organizations receiving income from the transfer of shares, capital contributions, or rights to contribute capital to startup innovation enterprises, semiconductor integrated circuit enterprises, and artificial intelligence enterprises within the city that have not yet publicly offered securities in accordance with securities law shall be exempt from personal income tax and corporate income tax for a period of five years from the date when individuals or organizations engage in capital contributions to such enterprises;

c) Individuals working in the fields of design, production, packaging, testing of semiconductor integrated circuits, and artificial intelligence at startup innovation enterprises, science and technology organizations, Startup Innovation Support Centers, intermediary organizations supporting startup innovation activities, semiconductor integrated circuit enterprises, and artificial intelligence enterprises within the city shall be exempt from personal income tax for a period of five years on income from salaries and wages;

d) Non-refundable support from the city budget for costs associated with developing startup innovation projects includes: costs for organizing project selection activities; costs for hiring experts; direct labor costs; services supporting startup innovation activities; costs for using technical facilities, incubation facilities, shared workspaces; costs for incubation, research and development, technological improvement, and trial production of startup innovation products;

đ) The People's Council of the City shall specify priority areas; criteria, conditions, procedures, content of startup innovation activities, support for startup innovation activities, and activities in the fields of design, production, packaging, and testing of semiconductor integrated circuits and artificial intelligence for the subjects specified in points a, b, and c of this clause; procedures, conditions, quantity, content, and level of support specified in point d of this clause;

2. Controlled testing of new technological solutions shall be regulated as follows:

a) The People's Committee of the City shall decide on the implementation of controlled testing with a time limit for new technologies, products, services, and business models in the High-Tech Zone, Concentrated Information Technology Zone, Startup Innovation Support Center, and innovation spaces funded by the city budget;

b) The maximum duration for controlled testing is three years and may be extended once for up to three years;

c) Ministries and ministerial-level agencies shall provide opinions on matters requested for consultation by the People's Committee of the City;

d) The People's Council of the City shall detail criteria, conditions for selection, procedures, and formalities for registration, review, and approval of controlled testing;

3. The powers and responsibilities of the People's Committee of the City regarding controlled testing of new technological solutions shall be regulated as follows:

a) Directing, controlling, and supervising the testing process, rights, obligations, and responsibilities of agencies, organizations, and individuals during the controlled testing process, and deciding on the agency responsible for directing and controlling the testing process;

b) When necessary, consulting ministries and ministerial-level agencies responsible for state management in relevant industries concerning the objects, scope of proposed controlled testing, and issues arising during the testing process;

c) Annually reporting to the Government and the People's Council of the City on the situation and results of controlled testing activities decided by itself.

4. The guiding and supervising agency has the following powers and responsibilities:

a) Advising on the development, supplementation, and adjustment of guidelines for implementing laws related to testing activities;

b) Issuing permits and promulgating specific testing regulations for each new technology, product, service, or business model allowed to be tested;

c) Regularly and unexpectedly inspecting testing activities; evaluating the application of risk control measures by testing organizations and businesses during the testing process; promptly identifying and preventing any abuse or risks beyond control during the testing process;

d) Requesting testing organizations and businesses to report and explain issues that arise; requesting additional risk control measures, temporarily suspending testing, or proposing the People's Committee of the City to decide to terminate, extend, narrow, or expand the scope of testing;

đ) Reporting annually or unexpectedly to the People's Committee of the City on the testing process when required; reporting on testing results and proposing appropriate management mechanisms based on the testing outcomes at the end of the testing period or when the benefits and risks, management requirements for the tested technologies, products, services, and business models have been clarified through the testing process;

5. Testing organizations, businesses, and individuals with controlled testing, the guiding and supervising agencies, and the guides and supervisors are exempt from administrative responsibility, disciplinary responsibility; they are exempt from civil liability in cases where damage is caused to the State during the implementation of controlled testing due to objective reasons, even though all procedures and regulations regarding testing have been fully implemented. In cases where damage is caused to other organizations or individuals, the testing organizations, businesses, and individuals are responsible for compensation according to the law and may be considered and supported by the People's Council of the City to partially cover the compensation costs from the City budget based on the nature, extent of the damage, and the City's budget balancing capacity;

If the guiding and supervising agency and the guides and supervisors of the testing process are aware of risks to the testing process but do not take appropriate measures to prevent or limit the extent of potential damage, or if the testing organizations, businesses, and individuals are aware of such risks but fail to promptly inform and report to the competent state authorities and do not take appropriate measures to prevent or limit the extent of potential damage, they shall not be exempted from liability under this provision;

6. Investment, management, operation, and disposal of scientific and technological infrastructure assets serving innovative startups are regulated as follows:

a) Innovation and creativity spaces, shared workspaces, material and technical facilities of incubation bases, common technical equipment, research and development equipment, office equipment, information technology infrastructure to support innovative startup projects and businesses funded from the City budget are scientific and technological infrastructure assets;

b) The People's Council of the City decides to allow innovative startups and supporting organizations and individuals to directly lease scientific and technological infrastructure assets without going through auctions for their operations;

The People's Council of the City specifies the eligible lessees and criteria for direct leasing of scientific and technological infrastructure assets without auctions for operations;

c) The People's Council of the City stipulates the content and level of support, duration of support, eligible recipients, procedures, and formalities for providing financial support from the City budget to users of scientific and technological infrastructure assets;

d) The People's Council of the City decides on investment, upgrading, expansion, development, and operation of scientific and technological infrastructure assets from the City budget;

The People's Council of the City details the forms, procedures, and formalities for transferring and disposing of scientific and technological infrastructure assets;

đ) The People's Committee of the City is the state management agency for scientific and technological infrastructure assets; it decides on the transfer of scientific and technological infrastructure assets to the assigned units; approves plans for managing, operating, and disposing of scientific and technological infrastructure assets;

Recipients of scientific and technological infrastructure assets include public institutions under the Department of Science and Technology of the City, the Management Board of Da Nang High-Tech Zone and industrial parks;

7. Mechanism and policies for developing the semiconductor chip and artificial intelligence sectors:

a) The People's Council of the City decides on investment, upgrading, expansion, development, and operation of information infrastructure assets from the City budget to attract investment and develop semiconductor chips and artificial intelligence; it details the forms, procedures, and formalities for transferring assets, receiving units, operating assets, management and usage mechanisms of revenue from asset operation, and disposal of information infrastructure assets;

b) The People's Council of the City allows strategic partners in the semiconductor chip and artificial intelligence sectors to directly lease information infrastructure assets without auctions; it permits the designation of tenders for purchasing special equipment from strategic partners in these sectors; it stipulates preferential policies, content and levels of support, eligible recipients, procedures, and formalities for using information infrastructure assets to serve the development of the semiconductor chip and artificial intelligence sectors;

c) The People's Council of the City shall base on the city’s budget balance capacity to consider and decide on providing support from the city’s budget for strategic investors and strategic partners in the field of semiconductor integrated circuits and artificial intelligence, not exceeding 5% of the total cost of purchasing production equipment, asset relocation costs, assembly lines, equipment, technology, and costs for new investment projects; provide partial support for the cost of hiring high-skilled personnel working at strategic partner enterprises in the fields of semiconductor integrated circuits and artificial intelligence within the city; stipulate procedures and formalities for implementing such support.

d) The People's Council of the City decides on programs and projects that will be supported by the city’s budget for training and development expenses for individuals studying specialized fields in semiconductor integrated circuits and artificial intelligence; stipulates recruitment criteria and standards and incentive policies regarding income and accommodation costs for experts and scientists working in the fields of semiconductor integrated circuits and artificial intelligence within the city.

đ) The People's Committee of the City is the state management agency for infrastructure assets; decides on the allocation of infrastructure assets to units assigned such assets; approves plans for managing, operating, and handling infrastructure assets.

e) The People's Council of the City is responsible for deciding on mechanisms and policies to support strategic investors and strategic partners in the fields of semiconductor integrated circuits and artificial intelligence as stipulated in this clause, ensuring effectiveness, transparency, and clarity.

Article 15. Salary and Income Policy

1. The City implements a mechanism to generate sources for salary reform according to regulations. After the city’s budget ensures funding for salary reform and social welfare policies for the entire stable budget period as prescribed by competent authorities, the People's Council of the City decides to allocate the city’s budget to increase income for cadres, civil servants, and public officials managed by the city based on work performance, in addition to implementing increased income according to current laws on financial autonomy mechanisms for administrative agencies and public service units, with a level not exceeding 0.8 times the basic salary fund of cadres, civil servants, and public officials under its management.

2. The People's Council of the City decides on the income levels for experts, scientists, and talented individuals of the city.

Chapter IV

IMPLEMENTATION AND EFFECTIVE PROVISIONS

Article 16. Implementation Organization

1. The Government shall have the following responsibilities:

a) Implementing this Resolution; directing relevant agencies to cooperate with local authorities in the city to streamline administrative procedures, shorten processing time for issues not yet delegated or devolved to the city;

b) Directing and guiding the implementation of urban administration organization and piloting certain special mechanisms and policies for the city's development as stipulated in this Resolution; promptly addressing difficulties and obstacles during the process of rectifying violations concluded by competent authorities, especially in the land sector;

c) Issuing a Decree detailing the operation of the District People's Committee and the accountability system of the Chairman of the District People's Committee; the operation of the Ward People's Committee and the accountability system of the Chairman of the Ward People's Committee; organizing elections, recruitment, management, and utilization of civil servants working at the District People's Committee and cadres and civil servants working at wards and communes; preparing budgets, executing, and settling district and ward budgets;

d) Submitting to the Standing Committee of the National Assembly and the National Assembly for consideration and decision, within their authority, issues arising during the pilot implementation;

đ) Summarizing the pilot implementation of special mechanisms and policies applied to the city and reporting to the National Assembly at the final session in 2027; concluding the pilot implementation of special mechanisms and policies applied to the city and reporting to the National Assembly at the final session in 2029;

e) Promptly issuing mechanisms and policies within their authority to adjust and supplement relevant provisions to address emerging practical management and development issues in the city;

2. The People's Council of the City, the People's Committee of the City, and the Chairman of the People's Committee of the City, within their respective duties and powers, shall have the following responsibilities:

a) Implementing this Resolution and other related laws;

b) Issuing regulations to implement urban administration organization and piloting certain special mechanisms and policies as stipulated in this Resolution and government guidance; implementing specific decentralization and delegation to local authorities at districts and wards in line with urban management organization and the practical capabilities of each locality;

c) Summarizing and concluding the pilot implementation of special mechanisms and policies as stipulated in this Resolution, reporting to the Government as prescribed in Clause 1 of this Article;

d) The People's Council of the City monitors the implementation of this Resolution according to the law;

đ) For issues with contents not yet regulated in laws and Resolutions of the National Assembly, to meet urgent requirements in attracting strategic investors and mobilizing domestic and foreign resources for economic and social development, the People's Committee of the City reports to the Government to submit to competent authorities for mechanisms and policies to be reviewed and decided by the National Assembly; between two sessions, submit to the Standing Committee of the National Assembly for review and decision and report to the National Assembly at the nearest session;

The drafting and issuance of specific documents to concretize the policies stipulated herein shall be carried out through simplified procedures.

3. The National Assembly, the Standing Committee of the National Assembly, the Vietnam Fatherland Front, the National Ethnic Council, the Committees of the National Assembly, the Delegation of the National Assembly of the City, and National Assembly deputies, within their respective duties and powers, supervise the implementation of this Resolution.

Article 17. Implementation Provisions

1. This Resolution takes effect from January 1, 2025.

Decision No. 119/2020/QH14 dated June 19, 2020 of the National Assembly on piloting the organization of urban administration models and some special mechanisms and policies for developing Da Nang City ceases to be effective from the date this Resolution comes into force.

2. The duration for piloting special development mechanisms and policies for the city as stipulated in Chapter III of this Resolution is five years.

After the end of the pilot implementation period, the implementation of special development mechanisms and policies for the city as stipulated in Chapter III of this Resolution shall be carried out as follows:

a) Policies, projects, and other subjects that have been decided by competent authorities to implement according to mechanisms and policies stipulated in this Resolution and have not yet concluded shall continue to be implemented in accordance with the decisions already issued;

b) In cases where the tax exemption period for subjects as prescribed in Points a, b, and c Clause 1 Article 14 of this Resolution has not yet ended, such exemptions shall continue to be applied until the end of the tax exemption period.

3. Projects specified in Articles 12 and 13 of this Resolution which have been approved for investment orientation or approved investors or granted investment registration certificates during the effective period of the pilot policies stipulated in Chapter III of this Resolution shall enjoy investment incentives as prescribed in Articles 12 and 13 of this Resolution until the completion of the project implementation period.

4. In cases where there are different provisions on the same issue between this Resolution and laws or resolutions of the National Assembly promulgated before the effective date of this Resolution, the provisions of this Resolution shall apply. In cases where regulatory legal documents promulgated after the effective date of this Resolution provide more favorable mechanisms or policies than those stipulated in this Resolution, the application thereof shall be decided by the People's Council of the City.

Article 18. Transitional Provisions

Local government documents at district and ward levels issued before July 1, 2021, if not replaced or revoked by competent authorities, shall continue to be applied.

In cases where local government documents of the People's Council of the district and local government documents of the People's Council of the ward issued before July 1, 2021 are no longer appropriate, the People's Council of the City shall revoke the local government documents of the People's Council of the district and the local government documents of the People's Council of the ward.

This Resolution was adopted by the Seventh Session of the Fifteenth National Assembly of the Socialist Republic of Vietnam on June 26, 2024.

 

SPEAKER OF THE NATIONAL ASSEMBLY Tran Thanh Man