Resolution No. 37/2021/QH15 on Pilot Implementation of Certain Special Mechanisms and Policies for the Development of Thanh Hoa Province

RESOLUTION

On piloting certain mechanisms and special policies for developing 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 special mechanisms and policies for Nghe An Province regarding 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 occupational organizations; social organizations; social-occupational 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 may borrow through issuing local government bonds, borrowing from domestic financial institutions, other domestic organizations, and foreign loans from the Government lent to the Province with total outstanding debt not exceeding 40% of the provincial budget revenue according to the decentralized allocation. The total amount borrowed and annual budget deficit of the Province shall be decided by the National Assembly in accordance with the provisions of the State Budget Law.

2. Annually, the central budget supplements targeted funds to the Nghe An Province budget not exceeding 70% of the increase in revenue from export and import activities of exported and imported goods compared to the budget estimate.

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

Article 4. Forest and Land Management

1. The Standing Committee of the National Assembly decides to change the purpose of using special-use forest land, protective forest land at the headwaters from 50 hectares or more; rice cultivation land for two or more crops with a scale of 500 hectares or more of Nghe An Province and report to the National Assembly at the nearest session.

2. The People's Council of Nghe An Province decides to change the purpose of using special-use forest land, protective forest land at the headwaters under 50 hectares; rice cultivation land for two or more crops with a scale under 500 hectares; decide on the policy to change the purpose of using production forests under 1,000 hectares pursuant to the authorization of

3. The decision to change the purpose of use as prescribed in Clause 1 and Clause 2 of this Article must be carried out publicly, seek opinions from the people and affected parties, and ensure the principles and conditions for changing the purpose of using forests to other purposes, changing the purpose of using land in accordance with the laws on forestry, land laws, and other relevant laws.

4. Procedures and formalities for changing the purpose of using forests and land 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 approved

Article 6. Implementation Organization

1. The Government, within its assigned tasks and powers, is responsible for implementing this Resolution; conduct a mid-term review after three years of implementation and report to the National Assembly at the end-of-year session in 2024; conduct a final review after five years of implementation and report to the National Assembly at the end-of-year session in 2026; continue to study and develop additional 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 contains 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./.