Resolution No. 35/2021/QH15 on piloting certain special mechanisms and policies for the development of Haiphong City

RESOLUTION

ON EXPERIMENTING WITH CERTAIN MECHANISMS AND SPECIAL POLICIES FOR THE DEVELOPMENT OF HAIPHONG CITY

OF THE NATIONAL ASSEMBLY

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

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:

Article 1. Scope of Regulation

This Decision stipulates the pilot implementation of certain mechanisms and special policies for Haiphong City (hereinafter referred to as the City) concerning financial management, state budget, decentralization of state management in land, planning sectors, and income of civil servants, public officials, and employees under the City's management.

Article 2. Applicability

1. State agencies, political organizations; political-social organizations.

2. Political-social-professional organizations; social organizations; social-professional organizations.

MECHANISMS AND POLICIES REGARDING THE PRICE OF AUCTION SERVICES FOR ASSETS THAT MUST BE SOLD THROUGH AUCTIONS AS PRESCRIBED BY LAW

Article 3. Financial and State Budget Management

1. The City is permitted to borrow through the issuance of local government bonds, borrowing from domestic financial institutions, other domestic organizations, and foreign loans provided by the Government to be re-lent to the City with an increased debt level not exceeding 60% of the City’s budget revenue according to the decentralized allocation. The total amount of borrowing and budget deficit of the City each year shall be decided by the National Assembly in accordance with the provisions of the State Budget Law.

2. Each year, the central budget supplements targeted funds to the City's budget not exceeding 70% of the increase in central budget revenue from shared revenue items between the central budget and the City's budget compared to the Prime Minister's approved estimate (the remaining portion after implementing the excess revenue bonus as stipulated in Clause 4, Article 59 of the State Budget Law No. 83/2015/QH13 amended and supplemented by Law No. 59/2020/QH14) and 100% of the central budget revenue from items specified at Points b, c, d, g, h, i, and q of Clause 1, Article 35 of the State Budget Law No. 83/2015/QH13 amended and supplemented by Law No. 59/2020/QH14 compared to the Prime Minister's approved estimate, but not exceeding the total increase in central budget revenue on the territory compared to the previous year's actual revenue and without causing a central budget deficit. The determination of targeted supplementary funds is based on the total revenue items, not calculated separately for each item.

2. Pilot implementation of fee and tax policies on the City's territory as follows:

a) The People's Council of the City decides to apply fees and taxes not listed in the Fee and Tax List issued together with the Law on Fees and Taxes; adjusts the rate or ratio of fees and taxes already decided by the competent authority for those listed in the Fee and Tax List issued together with the Law on Fees and Taxes, except court fees and litigation fees;

b) The City's budget receives 100% of the additional revenue from the adjustment of fee and tax policies as stipulated in Point a of this Clause to invest in economic and social infrastructure and other expenditure tasks within the City's budget and shall not be used to determine the percentage of shared revenue between the central budget and the City's budget;

c) The pilot implementation of fee and tax policies on the City's territory as stipulated in Point a of this Clause must comply with the following principles: ensuring a phased approach, being consistent with the development level and requirements of the City; creating a favorable production and business environment for enterprises, especially small and medium-sized enterprises and priority investment sectors; ensuring market unity, not hindering the circulation of goods and services; reasonably regulating certain goods, services, and lawful income sources of organizations and individuals on the City's territory; ensuring transparency, administrative reform, and public disclosure.

Article 4. Land Management

1. The Municipal People's Council decides to change the purpose of using rice paddy land for two or more crops with an area under 500 hectares according to the delegation from the Prime Minister, in accordance with the planning and land use plan already decided by the competent authority.

2. The decision to change the purpose of using rice paddy land as stipulated in Clause 1 of this Article must be made publicly, taking into account the opinions of the people and those affected by the change in land use purpose, and ensuring the principles and conditions for changing the purpose of land use as prescribed by laws on land and other relevant laws.

3. The procedures and formalities for changing the purpose of using rice paddy land within the authority delegated by the Prime Minister to the Municipal People's Council as stipulated in Clause 1 of this Article shall be prescribed by the Prime Minister.

Article 5. Planning Management

Based on the master plan for functional zone construction and urban planning of the city that has been approved by the Prime Minister, the Prime Minister decides on the decentralization of approval authority for partial adjustments to the overall master plan for functional zones and partial adjustments to the overall urban master plan according to the procedures and formalities prescribed by the Prime Minister, and reports the results of implementation to the Prime Minister.

Article 6. Income of Officials, Civil Servants, and Public Employees under City Management

The city implements a mechanism to create sources for salary reform as prescribed. After the city budget ensures sufficient sources for implementing salary reform and social welfare policies for the entire stable budget period as prescribed by the competent authority, the Municipal People's Council may decide to use surplus salary reform funds from the city budget and allow lower-level budgets to use surplus salary reform funds to pay additional average income to officials, civil servants, and public employees working in administrative agencies, Party organizations, and mass organizations managed by the city based on work performance, up to a maximum of 0.8 times the grade level salary, position salary, or leadership position salary. The income levels for experts, scientists, and special talents of the city shall be determined by the Municipal People's Council.

Article 7. Implementation Organization

1. The Government, within its assigned tasks and powers, is responsible for organizing the implementation of this Resolution; conducting a mid-term review every three years on the implementation of the Resolution and reporting to the National Assembly at the final session in 2024; conducting a final review on the implementation of the Resolution and reporting to the National Assembly at the final session in 2026.

2. The Standing Committee of the National Assembly, the National Ethnic Council, the Committees of the National Assembly, the Delegation of National Assembly Members of Haiphong City, and National Assembly members, within their assigned tasks and powers, supervise the implementation of this Resolution.

Article 8. Implementation clause

1. This Resolution takes effect from January 1, 2022 and is implemented over a five-year period.

2. In cases where there are different provisions on the same issue between this Resolution and other laws or resolutions of the National Assembly, the provisions of this Resolution shall apply. In cases where a regulatory legal document issued after the effective date of this Resolution provides a more favorable mechanism or policy than this Resolution, the application thereof shall be decided by the Municipal People's Council.

This Resolution was adopted by the Second Session of the Fifteenth National Assembly of the Socialist Republic of Vietnam on November 13, 2021.