Decree No. 40/2022/ND-CP amending and supplementing certain articles of Decree No. 144/2016/ND-CP dated November 1, 2016 of the Government on some special mechanisms regarding investment, finance, budget, and management delegation for Da Nang City.

DECREE

Amending and supplementing certain articles of Decree No. 144/2016/NĐ-CP

dated November 1, 2016 of the Government stipulating certain special mechanisms on investment, finance, state budget, and decentralization management for Da Nang City

pursuant to the Law on Public Debt Management on June 17, 2009;

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 144/2016/NĐ-CP dated November 1, 2016 of the Government stipulating certain special mechanisms on investment, finance, state budget, and decentralization management for Da Nang City.

On the basis of Law on Government Organization dated June 19, 2015; Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration dated November 22, 2019;

On the basis of Law on State Budget Management dated June 25, 2015;

On the basis of Article 1. Amending the title

Pursuant to Resolution No. 119/2020/QH14 dated June 19, 2020 of the National Assembly on piloting the organization of urban administration models and certain special mechanisms and policies for the development of Da Nang City;

At the proposal of the Minister of Finance;

"On urban planning and investment construction management" to "On urban planning, investment construction management, and industrial cluster investment" and supplementing certain clauses:

"Based on the General Plan, the Detailed Plan, and the Urban Development Program approved, the People's Committee of the city shall decide the Urban Development Area within the city's territory after obtaining the agreement of the Ministry of Construction and reporting the implementation results to the Prime Minister. Article 9 Based on the General Plan, the Detailed Plan, and the Urban Development Program approved, the People's Committee of the city shall specifically decide the areas where land use rights have been transferred to the people for self-construction of housing according to the detailed project plan that has been approved, ensuring compliance with the laws on land; annually compile and report to the Ministry of Construction."

1. Amend and supplement Clause 2 of Article 9 as follows:

"The Municipal People's Council may consider and decide on the investment in industrial clusters within Da Nang City from the municipal budget in cases where no investor for the technical infrastructure of the industrial cluster can be selected according to current regulations. Public service organizations assigned as the main investors for constructing and operating technical infrastructure of industrial clusters shall be leased land to implement projects and allowed to lease the land again after investing in the industrial cluster's technical infrastructure.

The People's Committee of Da Nang City is tasked with defining financial mechanisms, authority to determine and decide on rental prices, and leasing objects for public service organizations assigned as main investors for constructing and operating technical infrastructure of industrial clusters."

2. Supplement Clause 4 of Article 9 as follows:

3. Supplement Clause 5 of Article 9 as follows:

"For minor and frequent changes in name, location, area (up to 5 hectares), industry, technical infrastructure investment progress, and other contents about industrial clusters that do not change the objectives, nature, or increase the land usage area of the industrial cluster development plan already approved in the city's general plan or the land fund for developing industrial clusters approved by competent authorities, the People's Committee of the city shall examine and approve such changes and report the approved contents to the Ministry of Industry and Trade for monitoring, implementing, and updating the changed and adjusted contents in the city's general plan to report to the Prime Minister at the time of approving and approving the city's general plan."

Repealing Clause 3 of Article 5; Article 8; Clause 3 of Article 9 of Decree No. 144/2016/NĐ-CP dated November 1, 2016 of the Government stipulating certain special mechanisms on investment, finance, state budget, and decentralization management for Da Nang City.

1. This Decree takes effect from August 15, 2022.

Article 2. Repeal Clause 3 of Article 5; Article 8; and Clause 3 of Article 9 of Decree No. 144/2016/NĐ-CP dated November 1, 2016 of the Government stipulating certain special mechanisms on investment, finance, budget, and management delegation for Da Nang City.

Article 3. Effectiveness

This Decree takes effect from August 15, 2022.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of the People's Councils, and Chairmen of the People's Committees of Da Nang City are responsible for implementing this Decree.