Resolution No. 36/2021/QH15 on Pilot Implementation of Certain Special Mechanisms and Policies for the Development of Nghe An Province

RESOLUTION

On piloting certain mechanisms and special policies for the development of Nghe An Province

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 Resolution stipulates the pilot implementation of certain mechanisms and special policies for Nghe An Province concerning financial management, state budget, and decentralization of state management in land, planning, and forestry sectors.

Article 2. Applicability

1. State agencies; political organizations;

2. Political-social 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. Nghe An Province is permitted to borrow through issuing local government bonds, borrowing from domestic financial institutions, other domestic organizations, and foreign loans provided by the Government to be re-lent to the Province, with the total outstanding debt not exceeding 40% of the provincial budget revenue according to the decentralized allocation. The total amount borrowed and the annual budget deficit of the Province shall be decided by the National Assembly in accordance with the provisions of the State Budget Law.

2. Each year, the central budget supplements the target-oriented budget of Nghe An Province not exceeding 70% of the increase in revenue from export and import activities of exported and imported goods compared to the projected figures.

3. Nghe An Province is allocated an additional 45% of the expenditure calculated based on population standards when establishing the regular expenditure standards of the state budget for the year 2022 and during the implementation period of this Resolution.

Article 4. Forest and Land Management

1. The Standing Committee of the National Assembly decides on changing the purpose of using special-use forest land and upstream protective forest land of 50 hectares or more; paddy fields with two or more crops with a scale of 500 hectares or more in Nghe An Province, and reports to the National Assembly at the nearest session.

2. The People's Council of Nghe An Province decides on changing the purpose of using special-use forest land and upstream protective forest land under 50 hectares; paddy fields with two or more crops with a scale under 500 hectares; decides on the policy of changing the purpose of using production forests under 1,000 hectares according to the delegation of authority from

3. The decision on changing the purpose of use as stipulated in Clause 1 and Clause 2 of this Article must be conducted publicly, soliciting opinions from the people and affected parties, and ensuring the principles and conditions for changing the purpose of forest use to another purpose, and changing the purpose of land use in accordance with the laws on forestry, land, and other relevant laws.

4. The procedures and formalities for changing the purpose of forest and land use within the jurisdiction of

Article 5. Planning Management

Based on the master plan for functional zones and urban planning in Nghe An Province that have been

Article 6. Implementation Organization

1. The Government, within its assigned tasks and powers, is responsible for implementing this Resolution; conducting a mid-term review after three years of implementation, reporting to the National Assembly at the last session in 2024; conducting a final review after five years of implementation, reporting to the National Assembly at the last session in 2026; continuing to study and develop supplementary mechanisms and policies suitable to the characteristics and actual situation to fully institutionalize the Resolution of the Politburo when reviewing the implementation of Resolution No. 26-NQ/TW of the Politburo on the orientation and tasks for developing Nghe An Province.

2. The Standing Committee of the National Assembly, the Ethnic Council, the Committees of the National Assembly, the Delegation of the National Assembly of Nghe An Province, and the National Assembly deputies, within their assigned tasks and powers, supervise the implementation of this Resolution.

Article 7. Effective Date

1. This Resolution takes effect from January 1, 2022 and is implemented for five years.

2. In case 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 case a regulatory legal document issued after the effective date of this Resolution provides more favorable or advantageous mechanisms and policies than this Resolution, the application thereof shall be decided by the People's Council of Nghe An Province.

This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, the fifteenth term, second session, on November 13, 2021./.