Decree No. 91/2021/NĐ-CP on the mechanism for cooperation among provinces and cities in the Hanoi Capital Region to implement legal provisions concerning the Capital

Regulations on the mechanism for cooperation among provinces and cities in the Capital Regionto implement legal provisions regarding the Capital

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

Pursuant to the Law on Organization of Local Administration dated June 19, 2015;

Pursuant to the Law Amending and Supplementing Several Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on the Capital City promulgated on November 21, 2012;

Pursuant to the Law on Public Investment dated June 13, 2019;

Pursuant to the Law on Planning dated November 24, 2017;

At the proposal of the Minister of Planning and Investment;

The Government promulgates this Decree stipulating the mechanism for cooperation among provinces and cities in the Capital Region to implement legal provisions regarding the Capital.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates the mechanism for cooperation among provinces and cities in the Capital Region, the responsibilities of ministries, sectors, and organizations in coordinating to implement legal provisions regarding the Capital; mechanisms and preferential policies for prioritizing investment in key programs and projects with regional scale and inter-regional connectivity in the Capital Region.

2. The Capital Region includes the provinces and cities of Hanoi, Hai Duong, Hung Yen, Vinh Phuc, Bac Ninh, Ha Nam, Hoa Binh, Phu Tho, Bac Giang, Thai Nguyen.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals related to cooperative activities to implement legal provisions regarding the Capital in provinces and cities within the Capital Region.

Article 3. Explanation of Terms

Key programs and projects with regional scale and inter-regional connectivity (hereinafter referred to as key programs and projects of the region) are works and projects located in the territory of two or more provinces/cities or located in the territory of one province/city but affecting at least one other province/city in the Capital Region to serve economic and social development.

Chapter II

PRINCIPLES, CONTENTS AND AREAS OF KEY COOPERATION

1. Ensuring timely coordination and direction from central to local investigative agencies to promptly resolve difficulties and obstacles in the work of investigating, prosecuting, and trying money laundering and terrorist financing offenses.

1. Compliance with the Constitution, regulations of the Law on the Capital, and relevant laws on mechanisms and policies for economic and social development and national defense and security in the Capital Region.

2. Cooperation must be ensured according to the principles of consensus, equality, transparency, and openness in accordance with legal provisions.

3. Implementation through plans, programs, and projects approved by competent authorities.

4. The organization and implementation of cooperation shall be entrusted to ministries, sectors, or localities with functions, tasks, and powers related to or most affected by the areas and tasks requiring coordination.

5. Matters that fail to reach consensus or exceed the decision-making authority of ministries, sectors, and localities in the Capital Region shall be reported by the Chairman of the Regional Coordination Council based on the recommendation of the Regional Coordination Council to the competent authority for consideration and decision in accordance with current laws.

Article 5. Key Areas of Cooperation

The scope of cooperation encompasses all economic and social fields, with priority given to the following key areas:

1. Urban planning.

2. Health care, education, and training development.

3. Science and technology development.

4. Environmental management and protection, disaster prevention and response, and adaptation to climate change.

5. Land management.

6. Population management and development, housing management.

7. Infrastructure development.

8. Transportation system development and management.

9. Cultural, historical, and tourism conservation and development.

Article 6. On Drafting and Implementing Planning

1. The drafting and implementation of regional, national sectoral, provincial planning, and related planning in the Capital Region must be coordinated to ensure consistency and synchronization between plans, including key areas such as transportation system connection; information and communication infrastructure; clean water supply and water usage systems; wastewater treatment, solid waste, hazardous waste disposal; air quality management; tourist zones; human resource development; higher education institutions and vocational training centers; scientific research facilities; hospitals and environmental pollution control.

2. Coordination during the drafting of regional, national sectoral, provincial planning, and related planning in the Capital Region must be carried out in accordance with planning laws and current regulations to ensure consistency, synchronization, and hierarchy, with a focus on contents related to the areas specified in Article 5 of this Decree.

3. Coordination during the implementation of planning: After the plan has been approved by the competent authority, the agencies and localities managing the plan have the responsibility to organize the announcement and public disclosure of the plan, promote investment activities to attract domestic and foreign investors and economic sectors to participate in its implementation. Ministries, sectors, and localities shall organize the implementation based on assigned tasks and have the responsibility to coordinate in monitoring and inspecting the implementation of the plan.

Article 7. On Investment Development

1. Based on the approved regional, provincial planning by the competent authority, the Regional Coordination Council shall direct and coordinate with relevant ministries, sectors, and provinces/cities within the region to organize investment promotion conferences, mobilize foreign direct investment (FDI) funds, official development assistance (ODA) funds, preferential loans from foreign sponsors, and domestic economic sector funds to implement investment programs and projects within the region.

2. The main areas of cooperation in investment development include: wastewater treatment, solid waste management, hazardous waste management; air quality control; meteorology and hydrology; construction of inter-regional road systems, expressways, and international airports; information and communication infrastructure; development of high-tech zones, industrial parks, export processing zones; infrastructure in national tourist areas; establishment and development of scientific research facilities and high-quality training institutions; database systems; development of high-quality medical centers, regional medical centers, cultural and sports centers.

||| The construction of projects for pollution control and environmental protection must be consistent with planning and the interests of nearby local residents and ensure synchronization with the implementation of related projects.

3. For key investment projects of the region already included in national industry planning and regional planning, relevant ministries, sectors, and localities within the region have the responsibility to coordinate in organizing investment promotion activities, mobilizing resources from various economic components to implement according to relevant laws.

4. For key investment projects of the region not yet included in national industry planning and regional planning, relevant ministries, sectors, and localities within the region, based on their assigned functions and tasks, have the responsibility to coordinate with the lead agency to follow procedures and formalities to adjust and supplement related plans according to the law on planning after consulting the opinions of the Regional Coordination Council.

Article 8. On Training and Labor Utilization

1. Cooperation in investing in building and developing higher education institutions and vocational education institutions; training human resources for localities within the region to leverage the strengths of training institutions and improve the quality of human resources.

2. Cooperation in labor utilization, including labor from agricultural land conversion areas, labor in economic zones, industrial parks, and export processing zones. Guidance and coordination in job placement support, labor allocation cooperation, and handling labor disputes when necessary.

3. Cooperation in constructing and arranging housing and essential facilities for workers in industrial parks, economic zones, and export processing zones; addressing social evils, security, and public safety issues.

Article 9. On Establishing Mechanisms and Policies

1. Ministries and sectors shall review, study, draft, and submit to the competent authority for issuance or issue within their authority normative legal documents or amendments and supplements to current regulations on incentive mechanisms and support policies, and investment capital mobilization to apply to the Capital Region:

a) Support from the central budget to local budgets; implementing a transparent and open local budget preparation mechanism that aligns with the development needs of provinces/cities in the upcoming period;

b) Financial mechanisms to support the development of auxiliary industrial zones in the fields of electricity, electronics, information technology; high-tech zones, high-tech products; infrastructure in national tourist areas; development of high-tech agriculture, direct production-related science and technology research;

c) Support for advanced vocational training and talent attraction policies.

2. In addition to common policies applied throughout the Capital Region, localities may specify policies suitable for their specific conditions within their functions and authorities, but they must not conflict with current regulations and overall regional policies. When there are changes in mechanisms and policies, relevant ministries, sectors, and localities have the responsibility to report to the Regional Coordination Council and inform other localities in the region to coordinate implementation.

3. In cases where urgent requirements exceed their authority and capacity, provinces/cities in the Capital Region may, through the Regional Coordination Council, request the Prime Minister, Government, or National Assembly to consider and decide.

Article 10. On the database of the regional information system

1. Relevant ministries, sectors, and provinces/cities in the region shall be responsible for providing information on coordinated fields and contents to the Steering Committee of the Capital Region. The contents of the information to be provided include: mechanisms and policies that have been issued, market forecasts, inter-regional linkage projects, science and technology application products, and the implementation status of socio-economic targets over five years and annually.

2. The Steering Committee of the Capital Region shall direct the establishment of a database and enhance information sharing among localities within the Capital Region, between localities and ministries/sectors, and with the Steering Committee of the Capital Region to ensure timely and accurate handling of issues. Ministries, sectors, agencies, and related localities shall be responsible for providing full, accurate, and timely information to the Steering Committee of the Capital Region to serve overall guidance work.

Chapter III

PRIORITY INVESTMENT POLICIES FOR KEY PROGRAMS AND PROJECTS AND ORGANIZATIONAL COORDINATION OF THE CAPITAL REGION

Article 11. Key Programs and Projects

1. Key programs and projects of the region are large-scale works and projects playing a role in creating momentum, spreading influence, and connecting economic and social development for the region and provinces/cities within the region in the following areas:

a) Technical infrastructure: investment projects for constructing central expressways and ring roads; intra-regional railways and national railways; upgrading international airports; water conservancy and flood prevention projects across provinces; developing high-tech infrastructure; building and upgrading inter-provincial waterworks; solid waste and wastewater treatment projects; air quality monitoring stations; key transportation projects of localities within the region;

b) Social infrastructure: health facilities, education and training, vocational education at the regional level in some localities within the region;

c) Trade and services, science and technology, tourism, culture, sports: projects linked to economic corridors and expressways, ring roads;

d) Agricultural and rural economic development: regional agricultural support centers and large-scale specialized production zones and raw material commodity zones.

2. Based on the areas specified in Clause 1 of this Article, the Prime Minister shall issue a list of key programs and projects of the region for each period as a basis for mobilizing investment resources to implement them.

Article 12. Priority Policies for Mobilizing Investment Funds

1. The central budget shall provide partial support to provinces/cities to carry out compensation and resettlement work for key works and projects of the region.

2. Prioritize mobilizing official development assistance funds and preferential loans from foreign sponsors to implement key works and projects of the region.

3. Provinces/cities shall allocate local budgets to implement key works and projects of the region within their respective territories.

4. Prioritize integrating key works and projects of the region into the list of projects called for investment under national investment promotion programs.

5. Ministries, sectors, and provinces/cities within the region shall prioritize allocating funds to prepare for investment in key works and projects of the region through public-private partnership (PPP) methods.

6. Exempt land rental fees for the entire duration of the project for key works and projects of the region in the fields of healthcare, education and training, environmental management and protection, which are fully funded from socialized capital sources. The exemption of land rental fees for key works and projects of the region in the fields of healthcare, education and training, and environmental management and protection shall be implemented according to the Government's policies on socialization in these fields.

The Prime Minister shall decide on the specific list of projects based on proposals from ministries, sectors, and localities after receiving opinions from the Steering Committee of the Capital Region.

Article 13. Regional Coordination Organization of the Capital Area

1. The Capital Region Coordination Council consists of the following members:

a) Chairman: Deputy Prime Minister of the Government;

b) Vice Chairman in charge: Minister of Planning and Investment;

c) Vice Chairmen: Minister of Construction and Chairman of the People's Committee of Hanoi City;

d) Standing Member: Deputy Minister of Planning and Investment;

đ) Members:

- Deputy Ministers and equivalent officials from ministries and ministerial-level agencies: Finance; Industry and Trade; Transport; Construction; Health, Education and Training; Foreign Affairs; Public Security, National Defense; Agriculture and Rural Development; Science and Technology; Natural Resources and Environment; Information and Communications; Labor, Invalids and Social Affairs; Culture, Sports and Tourism; Home Affairs; Justice; Government Office;

- Chairmen of the People's Committees of provinces: Bac Ninh; Hung Yen; Ha Nam; Hoa Binh; Phu Tho; Bac Giang; Vinh Phuc; Hai Duong; Thai Nguyen;

- Representatives who are leading experts and scientists from training and research institutions in the region; representatives with credibility from the business community of the Capital Region.

e) The Standing Members of the Capital Region Coordination Council include the Chairman, Vice Chairmen, and Standing Members.

2. The Capital Region Coordination Council has the function of advising, proposing, and assisting the Prime Minister in coordinating, inspecting, and supervising the implementation of activities within the scope and content of cooperation defined in this Decree.

3. Based on the proposal of the Ministry of Planning and Investment, the Prime Minister issues a Decision to establish the Capital Region Coordination Council and stipulates the operational regulations and tasks and powers of the Capital Region Coordination Council.

Chapter IV

STATE MANAGEMENT RESPONSIBILITIES

Article 14. Responsibilities of the Government and the Prime Minister

1. The Government exercises unified state management over the fields and contents of cooperation within the Capital Region.

2. The Prime Minister:

a) Annually, chairs meetings with the Capital Region Coordination Council and provinces and centrally-administered cities in the Capital Region and relevant ministries and sectors to evaluate the results of implementing the fields and contents of cooperation prescribed in this Decree;

b) Based on the proposals of the Capital Region Coordination Council, the Prime Minister promulgates mechanisms and policies and decides on matters related to planning, programs, projects, plans, and key tasks and projects of the region concerning the fields and contents of cooperation within the Capital Region according to his authority.

Article 15. Responsibilities of the Ministry of Planning and Investment

1. Organizes the development of regional planning and guides localities in the region to coordinate in developing provincial planning for submission to the competent authority for approval in accordance with the procedures and formalities stipulated in the Law on Planning, ensuring consistency and synchronization among various plans, aligning with the overall direction of the region.

2. Takes the lead and coordinates with relevant ministries, sectors, and localities in the region to compile a list of key programs and projects of the region for reporting to the competent authority for consideration and decision-making on support from the central budget and prioritizing mobilization of official development assistance funds and preferential loans from donors for implementation during each period.

3. Based on the proposals of relevant ministries, sectors, and localities in the region, compiles a list of investment projects for national investment promotion programs.

4. Serves as the Standing Member of the Capital Region Coordination Council; acts as the focal point for coordination with ministries, sectors, and localities in the region to develop the work plan of the Capital Region Coordination Council; coordinates the fields and contents of cooperation prescribed in this Decree.

5. Studies, proposes, and reports to the Government, the Prime Minister, and the competent authority solutions to address difficulties and obstacles and special mechanisms and policies aimed at developing Hanoi City and the Capital Region during the process of regional linkage and cooperation.

6. Urges ministries, sectors, and provinces and centrally-administered cities in the region to implement tasks and powers related to this Decree and as assigned by the Chairman of the Capital Region Coordination Council.

7. Monitors, supervises, and annually summarizes the implementation of the cooperation mechanism between provinces and centrally-administered cities in the Capital Region.

8. Performs the tasks stipulated in Clause 3, Article 13 of this Decree.

Article 16. Responsibilities of the Ministry of Finance

1. Coordinates with the Ministry of Planning and Investment in mobilizing investment capital to implement key programs and projects of the region.

2. Guides provinces and centrally-administered cities in the region to implement cooperative contents related to the tasks and powers prescribed in this Decree and as assigned by the Chairman of the Capital Region Coordination Council.

Article 17. Responsibilities of the Ministry of Construction

1. Takes the lead and guides the preparation of the general urban planning in the Capital Region, regional urban development planning, and manages the urban construction investment process in the region according to the approved planning by the competent authority.

2. Guides provinces and centrally-administered cities in the region to implement cooperative contents related to the tasks and powers prescribed in this Decree and as assigned by the Chairman of the Capital Region Coordination Council.

Article 18. Responsibilities of the Ministry of Natural Resources and Environment

1. Develop plans, programs, and lists of investment projects related to solid waste management and hazardous waste management; apply technologies for treating solid waste and hazardous waste, implement some investment construction projects for regional solid waste treatment facilities.

2. Guide provinces and cities in the Capital Region to carry out coordinated activities in land, natural resources, and environmental protection.

Article 19. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. Take the lead and coordinate with the Ministry of Education and Training, relevant ministries, sectors, and localities in the Capital Region to review the network planning of vocational education institutions to develop training programs and high-quality human resource development initiatives that meet the trend of production structure changes and labor market demands.

2. Establish mechanisms for sharing high-quality human resources among educational institutions in the Capital Region to serve the needs of the region and neighboring localities.

Article 20. Responsibilities of the Ministry of Education and Training

1. Take the lead and coordinate with People's Committees of provinces and cities in the Capital Region to review the network planning of higher education institutions in the Capital Region, prioritizing the development of key higher education institutions in nearby areas of Hanoi to alleviate pressure on Hanoi and meet the demand for high-quality human resources in the labor market.

2. Take the lead and coordinate with relevant ministries, sectors, and People's Committees of provinces and cities in the Capital Region to develop proposals for human resource development, particularly high-quality human resources, to meet the socio-economic development needs of the Capital Region.

Article 21. Responsibilities of the Ministry of Culture, Sports and Tourism

1. Take the lead and coordinate with localities to develop programs, plans, and specific solutions for the preservation and development of culture, history, and tourism reflecting the common characteristics of the Capital Region.

2. Guide localities in the region to build and organize the implementation of plans for the conservation, repair, and restoration of national relics, special national relics, and plans for the protection and promotion of cultural and historical heritage values after approval by competent authorities.

Article 22. General Responsibilities of Ministries

1. Based on their assigned functions and tasks, take the lead or coordinate with the Ministry of Planning and Investment, the Ministry of Finance, and provinces and cities in the region to develop key socio-economic infrastructure programs and projects within their respective fields; propose sources of investment capital for implementation.

2. Guides provinces and centrally-administered cities in the region to implement cooperative contents related to the tasks and powers prescribed in this Decree and as assigned by the Chairman of the Capital Region Coordination Council.

Article 23. Responsibilities of Provinces and Cities in the Capital Region

1. Develop programs and plans to coordinate with ministries and provinces and cities in the region to implement the coordinated activities stipulated in this Decree.

2. Coordinate with relevant ministries and provinces and cities in the region to study and propose key programs and projects of the region.

3. Balance local government budget funds to implement key socio-economic infrastructure projects of the region within their jurisdiction.

4. Develop and provide information and data on the results of socio-economic development tasks as prescribed in Article 10 of this Decree and announce information about key industries and fields of provinces and cities in the Capital Region.

5. Improve mechanisms and policies to enhance the business investment environment, issue measures to encourage and support economic components and attract enterprises to invest in key programs and projects of the region.

Article 24. Responsibilities of Hanoi City

1. Proactively coordinate with central ministries and sectors to support provinces within the Capital Region through expanding forms of linkage and cooperation for joint development, further enhancing the role of driving economic and social development in these provinces, and the leading role in development of the Capital Region.

2. Proactively propose the establishment of special mechanisms and policies for the development of the Capital City, ensuring that it is placed in the relationship of a city for the whole country and the whole country for the development of the city, increasingly civilized and modern; at the same time, ensuring compatibility with the mobilization of diverse potential, advantages, and the proactive capacity of the Capital City to create a driving force for economic and social development in the Capital Region and the entire country.

Article 25. Reporting System

Annually, before December 31 each year, the People's Committees of provinces and centrally-administered cities within the Capital Region and relevant ministries and agencies shall be responsible for submitting annual reports on the implementation of tasks assigned under this Decree to the Office of the Regional Coordination Council for consolidation and reporting to the Prime Minister and the Chairman of the Capital Region Coordination Council.

Chapter V

IMPLEMENTING PROVISIONS

Article 26. Implementation Provisions

1. This Decree takes effect from December 5, 2021.

2. The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of People's Committees of provinces and centrally-administered cities in the Capital Region, and related organizations and individuals are responsible for implementing this Decree.