Decree No. 86/2017/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment

DECREE

PROVISIONS ON THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF PLANNING AND INVESTMENT

Pursuant to the Law on Government Organization dated June 19, 2015;

Decree No. 1Decree No. 23/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

At the proposal of the Minister of Planning and Investment;

The Government promulgates this Decree stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment.

Article 1. Position and Functions

The Ministry of Planning and Investment is an agency of the Government, performing state management functions over planning, development investment, and statistics, including: Advising on comprehensive strategies, plans, and economic management policies; domestic investment, foreign investment in Vietnam, and Vietnamese investment abroad; economic zones; official development assistance (ODA), preferential loans, and non-governmental foreign aid; bidding; business development, collective economy, cooperatives; statistics; state management of public services in sectors and fields under the ministry's jurisdiction 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 performs tasks and powers as stipulated in Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government prescribing the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, and the following specific tasks and powers:

1. Submit to the Government draft laws, draft resolutions of the National Assembly, draft ordinances, draft resolutions of the Standing Committee of the National Assembly, draft resolutions and decrees of the Government according to the annual legislative program and plan approved for the ministry and other projects and programs assigned by the Government and the Prime Minister.

2. Submit to the Government national five-year and annual socio-economic development strategies and plans, macroeconomic balances of the national economy; plans to establish and amend economic management mechanisms and policies; master plans; capital mobilization and development investment strategies, medium-term and annual public investment plans; investment policies for national target programs and programs; other programs and projects assigned by the Government.

3. Submit to the Prime Minister draft decisions, directives, and other documents.

4. Issue circulars, decisions, and directives within the scope of state management of the ministry.

5. Direct, guide, inspect, and organize the implementation of legal normative documents, strategies, plans, and master plans within the ministry’s jurisdiction; provide information, propaganda, dissemination, and education on laws related to sectors and fields under the ministry’s jurisdiction.

6. On strategies, master plans, and plans:

a) Develop the Government's action program to implement the socio-economic development plan after it has been approved by the National Assembly; assist the Government in managing the implementation of the plan in certain sectors and fields delegated by the Government and the Prime Minister;

b) Develop the overall strategy for national socio-economic development; compile master plans and development plans of ministries, sectors, and central cities and provinces; overall regional and territorial development master plans; provide opinions on master plans within the approval authority of ministries, sectors, and provincial people's committees when requested;

c) Organize the publication of national socio-economic development strategies, plans, and overall regional and territorial development master plans after they have been approved; guide ministries, ministerial-level agencies, government agencies, and provincial people's committees in developing five-year and annual master plans and plans that integrate socio-economic development with national defense and security, consistent with the national socio-economic development strategies, plans, and master plans already approved;

d) Compile the main balances of the national economy, including: savings and consumption balance; financial and monetary balance; external borrowing and repayment; state budget; total social development investment capital; propose solutions to maintain these balances according to strategic goals and plans, ensuring the achievement of socio-economic development targets;

đ) Guide ministries, sectors, and localities in monitoring and evaluating the implementation of their plans; organize periodic monthly, quarterly, and annual monitoring, evaluation, and reporting on the implementation of the socio-economic development plan.

7. On development investment and state budget allocation:

a) Compile comprehensive data on development investment. Develop medium-term and annual public investment plans; priority programs and projects for attracting foreign direct investment, ODA, and preferential loans; national target programs and projects; lists of projects using state budget funds and other public investment sources as prescribed by law;

b) Develop the total amount and structure of total social development investment capital; the total amount and balance of public investment capital by sector, field, and program; the total amount of national target program capital;

Lead and coordinate with the Ministry of Finance to compile medium-term and annual public investment plans; propose detailed allocation plans for medium-term and annual public investment plans for central ministries and sectors and localities; investment capital from state credit support; submit to the Prime Minister for decision on the use of central budget reserve funds and additional central budget funds during the year to implement development investment tasks;

Coordinate with the Ministry of Finance to develop plans for using increased revenue and expenditure savings from the central budget, including allocating funds for important investment projects (if any);

Compile detailed allocations of medium-term and annual state budget capital plans for each national target program (including investment and operating funds), target programs, and other supplementary funds with specific purposes;

Report on the implementation of medium-term and annual public investment plans, national target programs, target programs, and investment projects decided by the Prime Minister for investment.

c) Lead and coordinate with the Ministry of Finance, relevant ministries, sectors, and localities to develop principles, criteria, and standards for investment development funding allocations; monitor and evaluate the effectiveness of public investment capital and development investment capital sourced from the state budget.

d) Maintain the National Steering Committee for the State Appraisal of national target programs, important national projects; appraise other national target programs and projects assigned by the Prime Minister; appraise other investment projects in accordance with laws on investment.

8. Regarding domestic investment, foreign investment, and overseas investment by Vietnam:

a) Manage domestic investment activities and direct foreign investment in Vietnam, overseas investment by Vietnam; public-private partnership (PPP) investments; organize investment promotion activities, guide investment procedures;

b) Implement procedures for issuing, adjusting, and terminating the validity of Certificates of Investment Registration for Overseas Investments and issue certificates of investment registration for projects under the PPP form;

c) Build, manage, operate, and guide the use of the National Information System and Database on Investment;

d) Inspect, supervise, and comprehensively evaluate state investment activities.

9. Regarding management of ODA funds, preferential loans:

a) Serve as the lead agency in mobilizing, coordinating, and managing state administration over ODA funds, preferential loans, and non-governmental foreign aid; take the lead in drafting strategies, policies, and orientations for attracting and utilizing ODA funds and preferential loans;

b) Take the lead in preparing content, organizing mobilization, and coordinating ODA funds and preferential loans; submit to the Government for approval the signing of international agreements on ODA funds and preferential loans and specific international agreements on non-reimbursable ODA funds according to the law; submit to the Prime Minister for approval the signing of international agreements on non-reimbursable ODA aid within the scope of authority;

c) Aggregate and submit to competent authorities for decision-making on investment programs and projects using ODA funds and preferential loans; coordinate with the Ministry of Finance to determine financial mechanisms applicable to programs and projects using ODA funds and preferential loans;

d) Lead and coordinate with the Ministry of Finance to aggregate and prepare medium-term five-year plans and annual plans for using ODA funds and preferential loans; balance and allocate corresponding domestic funds from the budget annually to prepare and implement programs and projects using ODA funds and preferential loans for central government budget-funded development;

đ) Carry out supervision and evaluation of programs and projects using ODA funds and preferential loans according to the law; handle or recommend the Prime Minister to handle issues arising that involve multiple ministries and sectors;

10. Regarding tender management:

a) Appraise tender selection plans, investors, and tender selection methods, investors in special cases within the authority of the Prime Minister's decision according to the law on tendering;

b) Guide, inspect, and check the implementation of laws on tendering; organize the tender information system and online tendering;

11. Regarding economic zone management:

a) Develop and check the implementation of comprehensive development plans for economic zones nationwide (including industrial parks, export processing zones, border economic zones, and other types of economic zones);

b) Organize the appraisal of development plans for economic zones and the establishment of economic zones by localities; coordinate with relevant ministries, sectors, and provincial/municipal people's committees to guide the implementation of development plans for economic zones after approval;

c) Guide, inspect, aggregate, and report on the situation of investment development and operations of economic zones; lead and coordinate with related agencies to propose models, management mechanisms, and development policies for economic zones and special administrative-economic units;

12. Regarding business registration and development:

a) Lead and coordinate with relevant ministries and sectors to develop strategies, programs, and plans for restructuring, reforming, and developing state-owned enterprises, management mechanisms for state-owned enterprises, and the development of small and medium-sized enterprises under various economic components;

b) Participate in appraising proposals for establishing, restructuring, and reorganizing state-owned enterprises; aggregate the situation of restructuring, reforming, and developing state-owned enterprises and the development of enterprises under other economic components nationwide;

c) Manage business registration and household business registration; guide business registration procedures and household business registration; inspect, monitor, aggregate the situation of business registration, electronic business registration, and post-registration situations nationwide; manage and operate the National Business Registration Database and Household Business Registration Database;

13. Regarding collective economy and cooperatives:

a) Develop strategies, programs, and plans for the overall development of the collective economy and cooperatives; guide, inspect, urge, and summarize the implementation of programs and plans for developing the collective economy and cooperatives;

b) Develop management mechanisms and support policies for developing the collective economy and cooperatives;

c) Manage cooperative and cooperative federation registration; guide registration procedures; inspect, monitor, aggregate the situation of registration and post-registration of cooperatives and cooperative federations nationwide;

14. Regarding statistics:

a) Develop and implement strategies, planning, policies for statistical activity development; coordinate and organize statistical activities and provide statistical information according to the law;

b) Develop and uniformly manage the national, provincial, and county-level statistical information systems; organize coordination for data and information provision between national statistical information systems; develop standards and conduct quality assessments of statistical information in state statistical activities;

c) Develop statistical indicators, reporting systems, statistical survey programs, and statistical classifications in accordance with the provisions of the law;

15. Organize and direct the implementation of scientific research plans, application of scientific and technological progress, and information technology in fields under the ministry's jurisdiction.

16. Implement international cooperation in fields under the ministry's jurisdiction according to the law.

17. Manage state administration of public services in fields under the ministry's jurisdiction according to the law; manage and direct the activities of public institutions under the ministry.

18. Manage the activities of associations and non-governmental organizations in fields under the management of the ministry in accordance with the provisions of the law.

19. Conduct inspections, examinations, handle complaints and denunciations, prevent and combat corruption and malpractice, and deal with violations of the law in fields under the management of the ministry in accordance with the provisions of the law.

20. Decide and direct the implementation of the administrative reform program of the ministry according to the objectives and contents approved by the Prime Minister after being reviewed and approved.

21. Manage organizational structure and staffing; implement salary systems and incentive policies, rewards, and disciplinary measures for state officials, civil servants, and public employees under the management of the ministry in accordance with the provisions of the law.

22. Manage financial resources and assets assigned, and organize the implementation of allocated budgets in accordance with the provisions of the law.

23. Perform other tasks and powers delegated by the Government and the Prime Minister and as prescribed by the law.

Article 3. Organizational Structure

1. Department of National Economic Synthesis;

2. Department of Local Economy and Territory.

3. Department of Finance and Monetary Affairs.

4. Department of Industrial Economy.

5. Department of Agricultural Economy.

6. Department of Service Economy.

7. Department of Infrastructure and Urban Development.

8. Department of Economic Zone Management.

9. Department of Investment Supervision and Appraisal.

10. Department of Foreign Economic Relations.

11. Department of Labor, Culture, and Social Affairs.

12. Department of Science, Education, Natural Resources, and Environment.

13. Department of Planning Management.

14. Department of National Defense and Security.

15. Legal Department.

16. Cadre and Civil Servant Department.

17. Department of Motivation, Awards, and Communication.

18. Ministry Office.

19. Inspectorate of the Ministry.

20. Bureau of Tender Management.

21. Bureau of Enterprise Development.

22. Foreign Investment Bureau;

23. Bureau of Business Registration Management.

24. Bureau of Cooperative Development.

25. General Statistics Office.

26. Institute for Strategy and Development.

27. Central Institute for Economic Management Research.

28. National Center for Information and Socio-Economic Forecasting.

29.Computer Center.

30. Investment Newspaper.

31. Journal of Economics and Forecasting.

32. Academy of Public Policy and Development.

33. National Training Center for Economic and Planning Officials.

The organizations specified from Clause 1 to Clause 25 of this Article are organizations assisting the Minister in performing state management functions; the organizations specified from Clause 26 to Clause 33 of this Article are public service units serving the state management functions of the ministry.

The Ministry Office has 10 divisions, the Inspectorate of the Ministry has 7 divisions, the Department of Foreign Economic Relations has 7 divisions, the Department of National Economy Synthesis has 5 divisions, and the Department of Local and Territorial Economy has 7 divisions.

The Bureau of Tender Management has 5 divisions, the Bureau of Enterprise Development has 7 divisions, the Bureau of Business Registration Management has 5 divisions, the Bureau of Foreign Investment has 6 divisions, and the Bureau of Cooperative Development has 4 divisions.

The Minister of Planning and Investment shall submit to the Prime Minister for issuance decisions defining the functions, tasks, powers, and organizational structures of the General Statistics Office, the Institute for Strategy and Development, the Central Institute for Economic Management Research, and the National Center for Information and Socio-Economic Forecasting; and the list of other public service units belonging to the ministry.

The Minister of Planning and Investment shall define the functions, tasks, powers, and organizational structures of subordinate organizations of the ministry, except for the General Statistics Office, the Institute for Strategy and Development, the Central Institute for Economic Management Research, and the National Center for Information and Socio-Economic Forecasting.

Article 4. Effective date

This Decree takes effect from the date of its promulgation and replaces Decree No. 116/2008/NĐ-CP dated November 14, 2008, of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment.

Article 5. Responsibilities for Implementation

Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, and Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.