Decree No. 61/2003/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment.

DECREE

Regulations on functions, tasks, powers, and organizational structure

||| of the Ministry of Planning and Investment

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

||| Pursuant to Resolution No. 02/2002/QH11 dated August 5, 2002 of the National Assembly of the Socialist Republic of Vietnam, the first session of the Eleventh National Assembly, which stipulates the list of ministries and ministerial-level agencies of the Government;

Considering the proposal of the Head of the Cadre and Civil Service Department,

Pursuant to the proposal of the Minister of Planning and Investment and the Minister of Home Affairs,

DECREE:

Article 1. Position and Functions

||| The Ministry of Planning and Investment is an agency of the Government, performing state management functions in planning and investment, including: providing comprehensive advice on strategy, master plans, general plans for economic and social development nationwide, on economic management mechanisms and policies in general and certain specific fields, on domestic and foreign investment, industrial zones, export processing zones, on managing official development assistance (hereinafter referred to as ODA), bidding, enterprises, business registration throughout the country; state management of public services in areas under the jurisdiction of the Ministry as prescribed by law.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

||| The Ministry of Planning and Investment shall be responsible for performing tasks and exercising powers as prescribed in Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government on the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, and the following specific tasks and powers:

||| 1. Submit draft laws, ordinances, and other draft regulatory legal documents concerning the planning and investment sector within the scope of state management of the Ministry to the Government and the Prime Minister;

||| 2. Submit strategies, overall master plans, project plans for national economic and social development, regional territories, long-term, five-year, and annual plans, and major balances of the national economy, including financial, monetary, and basic construction investment balances, as the basis for building the financial-budget plan; organize the publication of the overall development strategy and master plan for the national economy after approval according to regulations;

||| 3. Issue decisions, directives, and circulars in the field of planning and investment within the scope of state management of the Ministry;

||| 4. Direct, guide, inspect, and be responsible for implementing regulatory legal documents; strategies, master plans, and plans after approval, and other legal documents within the scope of management of the Ministry; provide information, propaganda, dissemination, and education on laws in areas under the jurisdiction of the Ministry;

||| 5. On planning and programming:

||| a) Submit to the Government the action program to implement the national socio-economic development plan approved by the National Assembly, monitor and compile monthly and quarterly reports on the implementation of the plan to report to the Government, coordinate and harmonize the implementation of major balances of the national economy. Be responsible for directing the implementation of the plan in certain sectors assigned by the Government;

||| b) Guide ministries, ministerial-level agencies, government agencies, provincial people's committees, and centrally-administered city people's committees to develop plans and programs that align with the national socio-economic development strategy, master plans, and regional territories already approved;

||| c) Compile plans for the development of various sectors and provinces, centrally-administered cities; review development plans and regional territories of ministries, ministerial-level agencies, government agencies, and provinces, centrally-administered cities to submit to the Prime Minister for approval or to the Ministry for approval according to the Government's classification;

||| d) Compile major balances of the national economy: accumulation and consumption balance, total means of payment, international balance of payments, state budget, development investment capital, state reserves. Coordinate with the Ministry of Finance to prepare the state budget estimate;

||| 6. On domestic and foreign investment:

||| a) Submit to the Government the planning, program, and list of domestic investment projects, foreign direct investment projects, and adjustments when necessary;

||| b) Submit to the Government the total amount of social investment capital, the total amount and structure by industry and field of state budget investment capital, the total amount to replenish state reserves, the total amount of state credit support, the total amount of state shareholding and joint ventures, the total amount to cover losses, price supplements, working capital, and import-export rewards. Take the lead, coordinate with the Ministry of Finance to prepare the allocation plan of central budget capital in the field of basic construction investment, replenishing state reserves, state credit support, state shareholding and joint ventures, and consolidate the capital of the national target program;

||| c) Summarize comprehensively on domestic and foreign investment; coordinate with the Ministry of Finance and related ministries and sectors to inspect and evaluate the effectiveness of investment capital in basic construction projects;

||| d) Review investment projects within the authority of the Government and the Prime Minister to decide; issue investment licenses for projects within their authority; implement the delegation of investment license issuance according to the Prime Minister's regulations; unify the management of investment project licenses for foreign investment in Vietnam and Vietnamese investment abroad;

||| đ) Serve as the focal point to assist the Government in managing domestic investment activities and foreign direct investment in Vietnam and Vietnamese investment abroad; organize investment promotion activities, guide investment procedures;

||| e) Guide, monitor, inspect, and handle issues arising during the formation, implementation, and execution of investment projects within their authority. Evaluate the results and economic-social effects of domestic and foreign investment activities. Serve as the focal point to organize meetings between the Prime Minister and investors both domestically and internationally;

||| 7. On ODA management:

||| a) Serve as the focal point for attracting, coordinating, and managing ODA; take the lead in drafting strategies and plans for attracting and using ODA; guide the competent authorities to build priority program and project lists for ODA mobilization; compile and submit priority program and project lists for ODA use to the Prime Minister for approval;

||| b) Lead the preparation, organization, and coordination of ODA sources in accordance with the strategy and plan for attracting and using ODA and the priority program and project lists for ODA mobilization;

c) Prepare the content and conduct negotiations for framework international treaties on ODA; represent the Government to sign framework international treaties on ODA with Donors;

d) Guide relevant units and organizations to prepare ODA programs and projects; take the lead and coordinate with the Ministry of Finance to determine the forms of using ODA funds that fall under state budget allocation or relending; review and submit to the Prime Minister for approval consolidated documents of ODA programs and projects within the Prime Minister's approval authority;

đ) Monitor and support the preparation of content and negotiations for specific international treaties on ODA with Donors;

e) Take the lead and coordinate with the Ministry of Finance to aggregate and develop disbursement plans for ODA funds and annual counterpart fund plans for ODA programs and projects funded from the state budget; participate with the Ministry of Finance regarding disbursements, repayment mechanisms, and recovery of ODA loans;

f) Take the lead in monitoring and evaluating ODA programs and projects; act as the focal point to handle issues within its authority or recommend the Prime Minister to address issues related to multiple ministries and sectors; periodically compile reports on the situation and effectiveness of attracting and utilizing ODA;

8. Regarding tender management:

a) Submit to the Government and the Prime Minister the tender plans and results of projects within their authority; monitor the implementation of tender projects approved by the Government;

b) Guide, inspect, supervise, and aggregate the implementation of laws and regulations on tenders; manage the tender information system;

9. Regarding state management of industrial zones and export processing zones:

a) Submit to the Government the master plan, development plans for industrial zones, export processing zones, and similar economic zone models nationwide;

b) Review and submit to the Prime Minister for approval the overall planning of industrial zones and export processing zones, the establishment of industrial zones and export processing zones; guide the implementation of development plans for industrial zones and export processing zones already approved;

c) Act as the focal point to guide, inspect, aggregate, and report on the investment development and operation of industrial zones and export processing zones; take the lead and coordinate with relevant agencies to propose models and management mechanisms for industrial zones and export processing zones;

10. Regarding enterprises and business registration:

a) Take the lead and coordinate with relevant ministries and sectors to submit to the Government and the Prime Minister strategies, programs, and plans for restructuring, modernizing, and developing state-owned enterprises; management mechanisms and policies to support restructuring of state-owned enterprises and development of small and medium-sized enterprises under various economic components; implement state management functions to encourage domestic investment;

b) Serve as the focal point to review proposals for establishing, restructuring, and reorganizing state-owned enterprises according to the division of labor by the Government; aggregate the situation of restructuring, modernizing, and developing state-owned enterprises and the development situation of enterprises under other economic components nationwide. Serve as the permanent body of the Council to Promote the Development of Small and Medium-Sized Enterprises;

c) Uniformly manage state administration of business registration procedures; guide business registration procedures; inspect, monitor, and aggregate the implementation of business registration and post-registration activities of enterprises at local levels; handle violations and obstacles in business registration within its authority; organize the collection, storage, and processing of business registration information nationwide;

11. Organize and direct the implementation of research science plans, application of scientific and technological progress in fields under the Ministry's management;

12. Implement international cooperation in fields under the Ministry's management according to legal provisions;

13. Manage state administration of public services in fields under the Ministry's management according to legal provisions; manage and direct activities of affiliated organizations under the Ministry;

14. Manage state administration of activities of associations and non-governmental organizations in fields under the Ministry's management according to legal provisions;

15. Conduct inspections, audits, complaints, accusations, anti-corruption, and handle violations of laws in fields under the Ministry's authority;

16. Decide and direct the implementation of the administrative reform program of the Ministry according to the goals and content of the national administrative reform program approved by the Prime Minister;

17. Manage organizational structure and staffing; direct the implementation of salary systems and incentive, reward, and disciplinary policies for civil servants and employees under the Ministry's management; train and enhance professional skills for civil servants and employees in fields under the Ministry's management;

18. Manage finances and assets assigned and organize the implementation of allocated budgets in accordance with the provisions of the law;

Article 3. Organizational Structure of the Ministry

a) Organizations assisting the Minister in performing state management functions:

1. Department of National Economic Synthesis;

2. Department of Local Economy and Territory;

3. Department of Finance and Currency;

4. Department of Industrial Economy;

5. Department of Agricultural Economy;

6. Department of Trade and Services;

7. Department of Infrastructure and Urban Development;

8. Department of Industrial Zone Management and Export Processing Zones;

9. Department of Investment Appraisal and Supervision;

10. Department of Tender Management;

11. Department of Foreign Economic Relations;

12. Department of Defense and Security;

13. Legal Affairs Department;

14. Cadre and Civil Servant Organization Department;

15. Department of Science, Education, Natural Resources and Environment;

16. Department of Labor, Culture, and Social Affairs;

17. Foreign Investment Agency;

18. Small and Medium Enterprise Development Agency;

19. Inspectorate;

20. Office;

The Department of Foreign Economic Relations, the Department of National Economic Synthesis, the Department of Local Economy and Territory, and the Office shall establish divisions as decided by the Minister of Planning and Investment after coordinating with the Minister of Home Affairs;

b) Scientific and Technological Organizations under the Ministry:

1. Institute for Strategy and Development;

2. Central Institute for Economic Management Research;

3. National Center for Economic and Social Information;

4. Computing Center;

5. Investment Newspaper;

6. Journal of Economics and Forecasting;

The Minister of Planning and Investment shall submit to the Prime Minister for decision the functions, tasks, authorities, and organizational structures of the Institute for Strategy and Development and the Central Institute for Economic Management Research.

Article 4. Effectiveness

This Decree shall take effect fifteen days after its publication in the Official Gazette and shall replace Government Decree No. 75/CP dated November 1, 1995 on the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment, and any previous legal provisions that are inconsistent with this Decree.

Article 5. Responsibility for Implementation

The Minister of Planning and Investment, the Ministers, Heads of ministerial-level agencies, Heads of government agencies, and Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree.