Decree No. 92/2005/ND-CP detailing the implementation of certain provisions of the Ordinance on Hanoi Capital City

DECREE

Detailed Implementation of Certain Provisions of the Ordinance on the Capital City of Hanoi

_______________________

 THE GOVERNMENT

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

Pursuant to the Law on the Organization of People's Councils and People's Committees dated November 26, 2003;

Pursuant to the Ordinance on the Capital City of Hanoi dated December 28, 2000;

At the proposal of the Chairman of the People's Committee of Hanoi City in Document No. 53/TTr-UB dated September 17, 2004, Circulars No. 4218/UB-NC dated November 12, 2004, and No. 11/BC-UB dated March 9, 2005,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Decree stipulates detailed implementation of certain provisions of the Ordinance on the Capital City of Hanoi regarding mechanisms, policies, division of responsibilities, and decentralization of state management in economic, educational, scientific and technological, cultural-social, urban management, investment construction, and development fields of the Capital City.

Article 2. Strategy for Economic-Social Development of the Capital City

1. The construction and development of the Capital City shall be carried out according to the strategy and planning for economic-social development of the Capital City. Based on the Resolution of the People's Council and People's Committee of Hanoi City, the strategy and planning for economic-social development of the Capital City shall be prepared and submitted to the Government for approval.

2. The strategy for economic-social development of the Capital City must meet the following requirements:

a) Fully concretize all objectives for the construction and development of the Capital City as prescribed in the Ordinance on the Capital City and this Decree;

b) Clearly define the responsibilities of the People's Committee of Hanoi City, People's Committees of provinces and centrally-administered cities, and relevant Ministries and sectors in implementing the strategy for economic-social development of the Capital City.

3. When developing industry strategies related to the Capital City, Ministries and sectors must align with the strategy for economic-social development of the Capital City.

Article 3. Policies for Construction and Development of the Capital City

1. The Capital City is a key area that receives concentrated special investment in financial, budgetary, human resources, science and technology, and other resources to effectively implement the construction and development objectives set forth in Article 3 of the Ordinance on the Capital City of Hanoi.

2. Construction and development of the Capital City shall be carried out comprehensively and synchronously according to plans, programs, and schedules, clearly identifying priorities and focal points by region, sector, and field, meeting the requirements for construction and development of the Capital City at each stage.

3. Projects and works in fields where the State has encouraged policies shall enjoy the highest level of incentives as prescribed by law. On the basis of laws, ordinances, and higher-level state agencies' documents, the People's Council and People's Committee of Hanoi City shall issue special mechanisms and policies to accelerate economic-social development and encourage socialization in various fields within their jurisdiction.

4. In cases of necessity, the People's Committee of Hanoi City may hire foreign experts to implement the planning for the development of the Capital City.

Article 4. Division and Delegation of Responsibilities in Investment, Construction, and Development of the Capital City

1. The Government shall direct and delegate central administrative bodies and localities nationwide to mobilize resources to serve the cause of constructing and developing the Capital City.

2. The Prime Minister shall directly oversee the construction and development of the Capital City. The Chairman of the People's Committee of Hanoi City shall directly manage the construction and development of the Capital City.

3. Ministries, agencies equivalent to ministries, and government agencies within their respective duties and powers shall be responsible for guiding and coordinating with the People's Committee of Hanoi City to implement tasks for constructing and developing the Capital City; promptly resolving or recommending the Prime Minister to resolve any issues arising during the implementation of economic-social tasks of the city.

Within thirty days from the date of receipt of the request for comments or recommendations from the People's Committee of Hanoi City, relevant Ministries and sectors shall be responsible for responding in writing to matters within their authority to resolve. If they fail to respond beyond this period, the People's Committee of Hanoi City shall have the right to make decisions and bear responsibility for the legality of such decisions before the law and the Government, Prime Minister.

Chapter II

ECONOMIC DEVELOPMENT, EDUCATION AND TRAINING, SCIENCE AND TECHNOLOGY, CULTURAL-SOCIAL DEVELOPMENT

PART 1

ECONOMIC DEVELOPMENT

Article 5. Development of Service Industries

1. Central Ministries and sectors shall cooperate with the People's Council and People's Committee of Hanoi City to develop mechanisms, policies, and specific solutions to promote high-quality service industries. The State Bank and Ministry of Finance, within their respective authorities, shall prescribe financial and monetary policies to build Hanoi into a regional and national financial and monetary center.

2. In addition to general State incentives, the People's Committee of Hanoi City shall propose to competent authorities to decide on investment incentive policies and encouragement mechanisms for high-level service industries in commerce, finance, banking, tourism, technology transfer, human resource training, public transportation, and new service sectors.

3. Service industries shall be prioritized in terms of capital, human resources, equipment, and infrastructure allocation to fully exploit potential and strengths to serve the economic-social development of the Capital City and the overall economic-social development strategy of the Region.

Article 6. Development of Industrial Sectors

1. The Ministry of Industry shall prepare long-term, five-year, and annual plans for important industrial projects, clearly defining parts related to the Capital City, seeking opinions from the People's Committee of Hanoi City, and submitting them for approval.

2. Based on the approved industrial planning and plans,

a) Propose

b) Rationally rearrange the industrial network of the Capital City, effectively utilizing land in accordance with the planning;

c) Decide on measures to mobilize funds to develop high-tech industries, producing new products with high economic efficiency and competitiveness.

d) Submit to the competent state agency for a decision on reducing land rent fees and providing preferential loans to encourage businesses of all economic sectors to invest in production development and promote exports of goods in the fields of information technology, electronics, biotechnology, mechanical engineering, automation, new material production, processing of agricultural, forestry, and aquatic products, and products of the capital city with competitive advantages;

đ) Decide on mechanisms and policies to accelerate reform, restructuring, and development of state-owned enterprises; build industrial enterprises in rural areas.

Article 7. Development of agriculture and suburban economy

1. The Ministry of Agriculture and Rural Development shall develop long-term planning, five-year plans, and annual plans towards industrialization and modernization of rural areas, promoting exports; important projects of the sector, clearly identifying parts related to the capital city, soliciting opinions from the People's Committee of Hanoi City, and submitting for approval;

2. Based on the industry, agriculture, and commerce planning that has been approved,

a) Propose

b) Decide on measures to implement the planning and plans related to the capital city that have been approved,

c) Develop policies to attract various sources of capital to develop the suburban economy and agriculture of the capital city in the direction of ecological agriculture; prioritize the development of clean agricultural products; gradually increase the proportion of industry and services in the rural economy structure; gradually reduce agricultural labor; improve the efficiency of agricultural land use;

d) Submit to the competent state agency for a decision on preferential policies for organizations and individuals, both domestic and foreign, to carry out investment in production, processing, and export of clean food; expand cooperation and linkage to create markets for the consumption of agricultural products;

đ) Issue regulations to preserve, restore, strengthen, and develop selected traditional craft villages; upgrade high-quality new industries, attracting local labor;

PART 2

DEVELOPMENT OF EDUCATION AND TRAINING

Article 8. Development of higher education and postgraduate education

1. The Ministry of Education and Training and other ministries and sectors managing schools in the capital city shall be responsible for:

a) Developing long-term planning, five-year plans, and annual plans, important projects of the sector, clearly identifying parts related to the capital city, soliciting opinions from the People's Committee of Hanoi City, and submitting for approval;

b) Deciding within their respective authority, plans to gradually transfer universities, colleges, and vocational secondary schools to suburban areas and neighboring provinces; setting training quotas; deciding measures to enhance teaching quality; assigning and decentralizing management of training to university and college principals to meet the human resource training requirements of the capital city and the country;

c) Investing and upgrading some existing universities and colleges in Hanoi to improve the quality of training and facilities according to regional and international standards;

d) Taking the lead and coordinating with the People's Committee of Hanoi City to issue regulations on student management at universities and colleges; investing in accommodation solutions for students at universities and colleges in the area;

2. The People's Committee of Hanoi City shall take the lead and coordinate with the Ministry of Education and Training to plan the construction of student villages with modern and synchronized facilities, creating an educational-cultural environment for universities and colleges in the area;

Article 9. Development of the general education system and vocational training in the capital city

1. The People's Council and People's Committee of Hanoi City shall be responsible for:

a) Deciding on measures to concentrate and mobilize investment capital for the construction, renovation, and modernization of facilities of intermediate-level vocational schools, general education schools, kindergartens, nurseries, and other educational institutions managed by the Municipal People's Committee;

b) Deciding on specific mechanisms, policies, and measures to encourage organizations and individuals to invest in developing education and training in the area; linking and cooperating with organizations and individuals both domestically and internationally to expand educational and training facilities and types to improve quality and serve the socio-economic development needs of the city and neighboring provinces; implementing subsidies for teachers and supporting education in difficult and underdeveloped areas;

c) Deciding on the transformation of municipal vocational schools and vocational training centers into semi-public forms;

d) Proactively coordinating with the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Education and Training to research and propose special mechanisms and policies for the capital city to develop the general education and vocational training systems in the area;

2. The Ministry of Labor, Invalids, and Social Affairs shall take the lead and coordinate with relevant ministries and sectors to be responsible for:

a) Building plans and funding investments to upgrade and develop the vocational training system in the capital city under its management to train highly skilled technical workers to serve the economic development of the capital city and labor export;

b) Cooperating with the People's Committee of Hanoi City in implementing projects to improve the quality of training and vocational education in the city;

PART 3

DEVELOPMENT OF SCIENCE AND TECHNOLOGY

Article 10. Development of science and technology

1. Responsibilities of the Ministry of Science and Technology and other ministries and sectors:

a) The Ministry of Science and Technology shall develop long-term planning, five-year plans, and annual plans, important projects of the sector, clearly identifying parts related to the capital city, soliciting opinions from the People's Committee of Hanoi City, and submitting for approval;

b) The Ministry of Science and Technology and the Ministry of Finance have the authority to decide, within their respective authority, specific policies and measures to build Hanoi into a national center for information technology and biotechnology research and application;

c) The Ministry of Science and Technology shall take the lead and coordinate with the Ministry of Planning and Investment, the Ministry of Finance, and relevant ministries and sectors to balance the sector's plan with the city's requirements to invest in building some research facilities and laboratories meeting regional and international standards in the capital city;

d) The Ministry of Science and Technology and relevant ministries and sectors shall be responsible for developing regulations to support the city in establishing a scientific research network infrastructure, utilizing research facilities and laboratories under their management authority within the city area to serve the requirements for building and developing the capital.

2. The People's Committee of Hanoi City shall be responsible for:

a) Developing planning and plans for the development of science and technology in the capital with a priority on high-tech development in information-technology, biotechnology, mechanical engineering, automation, production and application of new materials;

b) Deciding on measures to encourage organizations and individuals both domestic and foreign to invest in building research facilities, developing and applying science and technology within the city; issuing regulations on the use and hiring of experts in activities related to building and developing the capital;

c) Establishing, managing and using the Fund for Science and Technology Development.

Article 11. Establishing a technology market

1. The Ministry of Science and Technology shall be responsible for:

a) Taking the lead and coordinating with relevant ministries and sectors, the People's Committee of Hanoi City to study and develop regulations on the organization and improvement of operations of information centers, intermediary services, technology transfer centers, and centers supporting industrial property rights;

b) Promoting the application of advanced quality management methods at manufacturing and service enterprises to contribute to creating a high-quality environment in the capital.

2. The People's Committee of Hanoi City shall issue regulations on the management, establishment, and development of a technology market within the city aimed at serving the goal of economic and social development of the capital.

PART 4

DEVELOPMENT OF CULTURE AND SOCIETY

Article 12. Cultural Development

1. The Ministry of Culture and Information shall be responsible for:

a) Developing long-term planning, five-year plans, and annual plans, important projects of the sector, clearly identifying parts related to the capital city, soliciting opinions from the People's Committee of Hanoi City, and submitting for approval;

b) Investing in construction, restoration, and management of important national cultural works in the capital; coordinating with the People's Committee of Hanoi City before issuing regulations on the exploitation and use of these works; compiling a list of national cultural works under its jurisdiction in the capital and transferring other cultural works managed by the Ministry to the city by 2007;

c) Coordinating with the People's Committee of Hanoi City to submit

2. The People's Committee of Hanoi City shall be responsible for developing and implementing a program to preserve and develop traditional culture of the capital; issuing regulations on cultural standards and civilized lifestyles in communication, behavior, and activities of state administrative agencies and the lives of citizens in the capital.

Article 13. Consolidating and Improving the Health System

1. Responsibilities of the Ministry of Health and Relevant Ministries and Sectors:

a) The Ministry of Health shall develop long-term planning, five-year plans, and annual plans for important projects in the sector, clearly identifying parts of the plans related to the capital, seeking opinions from the People's Committee of Hanoi City, and submitting

b) The Ministry of Health and the Ministry of Finance within their respective jurisdictions shall stipulate: - Specific policies and measures to build a national genetic and genetic technology research and application center in Hanoi; - Investment funds to upgrade existing hospitals and pharmaceutical production facilities managed by the Ministry in the capital into modern high-quality medical and pharmaceutical centers; - Planning and constructing several large high-quality hospitals in suburban areas of Hanoi and neighboring provinces in key economic zones to reduce the overload on hospitals in the city center.

2. The People's Committee of Hanoi City shall be responsible for investing funds to upgrade and develop the city's healthcare system, health stations, and clinics in accordance with the detailed urban healthcare network plan in the capital and the Ministry of Health's regulations on industry conditions and standards, meeting the increasingly diverse needs of the capital's residents; planning to upgrade district and county health centers into general hospitals.

3. The People's Committee of Hanoi City may mobilize human and material resources from centrally-managed healthcare facilities located in the city to participate in addressing consequences caused by natural disasters and epidemics; implementing preventive and control measures against epidemics.

Article 14. Sports Development

1. The Sports Management Committee shall be responsible for:

a) Investing in building modern sports complexes, sports centers, and national sports facilities reaching regional and international standards;

b) Cooperating with the People's Committee of Hanoi City in implementing tasks specified in Clause 1 of this Article.

2. The People's Committee of Hanoi City shall be responsible for:

a) Planning sports facilities in coordination with detailed planning of districts, counties, residential areas, and new urban areas;

b) Concentrating on building outstanding sports disciplines representing the capital's and the country's sports activities;

c) Submitting to competent state authorities for issuance of regulations providing incentives and encouragement for organizations and individuals to establish sports facilities in the city.

Chapter III

MANAGEMENT AND URBAN DEVELOPMENT OF THE CAPITAL

PART 1

URBAN PLANNING AND CONSTRUCTION MANAGEMENT

Article 15. Architectural and Construction Planning Management

The People's Council and People's Committee of Hanoi City shall be responsible for:

1. Deciding on the establishment and approval of detailed planning for new urban areas, administrative-political zones, administrative-economic zones, commercial, financial, diplomatic, cultural, and sports areas, and rural residential points; based on the approved master plan for the capital region;

2. Issuing regulations on architectural and construction planning management suitable for the characteristics of the capital in each area.

3. Building a public information system about architectural planning to facilitate access for organizations and citizens when needed.

Article 16. Measures for Implementing Housing Construction Management

1. The People's Council and People's Committee of Hanoi City shall be responsible for:

a) Deciding on areas for investment in housing construction for business purposes; areas where housing business or ownership and use must meet certain conditions;

b) Deciding on measures to encourage organizations and individuals to invest in housing construction and development;

c) Deciding on preferential policies for selling or renting housing to policy beneficiaries, civil servants, and low-income earners in the city.

d) Implement measures to establish, organize, and manage the real estate market;

đ) Issue regulations on managing housing quality standards, technical norms, and construction unit prices for houses that are suitable for the conditions of the capital city; after obtaining written consensus from the Minister of Construction;

e) Specify the minimum floor area for each zone within the inner city and new urban areas where it is permissible to construct solid, high-rise residential buildings;

f) Aggregate and classify information for processing according to the law before issuing certificates of ownership for houses purchased or sold legally or recognized by law by individuals who do not have permanent residence registration in Hanoi;

2. Agencies and organizations under central management located in Hanoi shall be responsible for coordinating with the People's Committee of Hanoi City in providing accommodation for officials and employees when they are recruited or accepted to work in the capital;

PART 2

LAND MANAGEMENT, POPULATION CONTROL AND ENVIRONMENTAL PROTECTION

Article 17. Land Management

1. The People's Committee of Hanoi City shall be responsible for:

a) Deciding the number of land development organizations and land registration offices on its territory; promulgating regulations on the organization and operation of these entities;

b) Deciding necessary measures to accelerate the issuance of land use right certificates in accordance with actual conditions and local management situations, completing the issuance of land use right certificates and house ownership certificates for organizations and individuals within the city;

c) On the basis of the land price framework set by the Government, deciding and announcing land prices on its territory in line with urban development planning objectives and the actual real estate market situation in the capital;

d) Organizing the establishment of land and property records; building a land management information system;

đ) Deciding on the recovery of land at old locations of enterprises required to relocate according to the city's planning;

e) Taking the lead and coordinating with the Ministry of Finance to inventory state-owned real estate assets belonging to administrative agencies, public institutions, and central and local enterprises operating within its territory for handling or submitting to competent authorities for handling cases of improper use or surplus to enhance the effectiveness of state assets;

f) Issuing documents on compensation, resettlement, and construction of resettlement housing in compliance with laws and the real estate market situation in the city;

2. Central Ministries and Departments shall be responsible for implementing and directing subordinate units under their management in Hanoi to strictly comply with the city's regulations related to land;

Article 18. Population Management in the Territory

The People's Council and People's Committee of Hanoi City shall be responsible for:

1. Managing migration into the capital according to the plan;

2. Deciding measures to strengthen household registration management to ensure the quality and reasonable scale of population in districts, new urban areas, and densely populated regions;

3. Issuing and organizing strict management of labor forces in the territory, particularly self-employed workers and seasonal workers; encouraging organizations and individuals to establish job placement centers;

4. Cooperating with provincial governments to implement measures to restrict spontaneous migration, seasonal workers, beggars, and mentally ill persons entering the capital;

5. Issuing and implementing support and incentive policies for people voluntarily relocating from the inner city to the suburbs and for migrants moving from Hanoi to other regions;

6. Submitting to competent state authorities for the issuance of preferential recruitment policies for local labor to train them in accordance with professional requirements; creating favorable conditions for highly qualified experts to live and work in Hanoi;

Article 19. Strengthening Environmental Management and Protection

1. The Ministry of Natural Resources and Environment shall take the lead and coordinate with the People's Committee of Hanoi City and relevant provincial People's Committees to develop and implement plans for environmental protection in the Red River, Nhue River, and Day River basins; simultaneously coordinating with the People's Committee of Hanoi City to unify planning, investment, and development of environmental monitoring networks and methods for utilizing environmental information from monitoring stations established by the Ministry within Hanoi;

2. Relevant Ministries and Departments shall be responsible for developing and implementing plans to relocate production facilities, industrial zones, and hospitals causing environmental pollution managed by them out of the inner city by 2010. The People's Committee of Hanoi City shall be fully responsible for managing and protecting the environment in the capital in accordance with the Law on Environmental Protection and provisions in Clause 1, Article 15 of the Capital Ordinance;

a) Deciding necessary measures according to the law to protect the capital's environment after obtaining approval from the Municipal People's Council;

b) Issuing regulations to encourage organizations and individuals in the socialization of environmental protection activities;

c) Establishing an environmental protection fund with initial funding from the state budget and additional funding from various sources including environmental protection fees;

d) Ensuring land reserves for relocating production facilities, industrial zones, and hospitals causing environmental pollution out of the inner city and densely populated areas;

PART 3

DEVELOPMENT OF THE CITY'S TECHNICAL INFRASTRUCTURE SYSTEM

Article 20. Planning and Development of the Technical Infrastructure System

1. The Ministry of Industry, the Ministry of Posts and Telecommunications, the Ministry of National Defense, and the Ministry of Public Security shall cooperate with the People's Committee of Hanoi City to develop plans for the development of modern and synchronized information systems and power supply systems; departments managing and using power and communication facilities must cooperate with the People's Committee of Hanoi City to bury underground cables and power lines in Hanoi by 2010;

2. The Ministry of Agriculture and Rural Development shall cooperate with the People's Committee of Hanoi City in re-planning the city's embankment system and removing some obsolete embankments that are no longer functional; effectively utilizing the land along both sides of the Red River in accordance with the law.

3. The People's Council and the People's Committee of Hanoi City shall be responsible for:

a) Coordinating with the Ministry of Transport, the Ministry of Natural Resources and Environment, and the Ministry of Construction to develop plans for investment in construction and unified management of urban transportation systems; underground systems including technical pipelines, water supply, drainage; waste treatment and environmental sanitation in the capital city;

b) Constructing two-sided streets in coordination with road construction to ensure civilized roads with modern architecture and landscape;

c) Developing a master plan for managing and utilizing land funds outside the Red River embankment, including: a plan for reinforcing the Red River banks, flood evacuation corridors planning, residential area planning along both sides of the river within the city's jurisdiction, and reporting to the Government for consideration and submission to the National Assembly for decision.

Article 21. Management of Urban Technical Infrastructure Systems

1. The People's Committee of Hanoi City shall submit to the People's Council of the City for a decision on the level of fees to be collected according to relevant laws related to the use of urban technical infrastructure facilities under the City's management authority.

2. The People's Committee of Hanoi City shall take the lead and coordinate with the Ministry of Transport, the Ministry of Posts and Telecommunications, the Ministry of Agriculture and Rural Development, the Ministry of Industry, and other relevant ministries and sectors to issue regulations on cooperation in investment, operation, and utilization of urban technical infrastructure facilities in the capital city funded and constructed by the ministries.

Chapter IV

INVESTMENT CONSTRUCTION AND DEVELOPMENT OF THE CAPITAL CITY

Article 22. Land Use Rights Auction

1. The People's Committee of the City may mobilize and utilize revenue from land use rights auctions to invest in developing economic and social infrastructure of the City according to the law.

2. Based on the capital requirements for investment development according to the City's planning and existing land fund, the People's Committee of Hanoi City may temporarily allocate budget funds for infrastructure construction projects in auctioned land use rights areas. The temporarily allocated amount will be refunded after the auction is completed.

Article 23. Temporary Allocation of Idle Funds and Fee Collection Regulations

After reaching agreement with the Ministry of Finance, the People's Committee of Hanoi City may:

1. Temporarily allocate central government budget funds and other sources of funds (without payment of fees) to accelerate the construction progress of projects and works funded by the City's budget and other objectives and tasks of the City. The City must balance its budget to repay debts when due.

2. Submit to the People's Council of the City for a decision on fee and charge collection levels, contribution amounts, benefit standards, expenditure norms according to the law that are suitable for the characteristics of the capital city and the budget balancing capacity of the City.

Article 24. Investment Management Delegation

The Chairman of the People's Committee of Hanoi City has the right:

1. To decide on investment regardless of the scale of investment funds for projects funded by the City's budget and legally raised funds by the City in the fields of new urban area construction and housing, urban technical infrastructure systems, technical infrastructure, social infrastructure, agricultural and rural development.

2. To approve foreign direct investment (FDI) projects with total investment capital up to 40 million USD, except for sectors regulated differently by the Government, official development assistance (ODA) non-repayable projects with total investment capital up to 2 million USD, and ODA projects with total investment capital up to 10 million USD in cases where the City can self-balance repayment sources.

3. To delegate authority to the Chairmen of the People's Committees of districts and counties, Heads of Departments and Sectors of the City to decide on Class C projects and implement investment for domestic-funded projects within their approval authority delegated by the Chairman of the People's Committee of the City.

Chapter V

IMPLEMENTING PROVISIONS

Article 25. Responsibility for Implementing the Decree

1. Ministers, Heads of ministerial-level agencies and agencies under the Government, Chairmen of the People's Councils, People's Committees of Hanoi City, Chairmen of the People's Councils, People's Committees of provinces and centrally-administered cities shall be responsible for implementing this Decree.

2. Ministries and sectors within their respective duties and powers shall be responsible for coordinating with the People's Council and People's Committee of Hanoi City to organize the implementation of this Decree.

Article 26. Effectiveness

1. This Decree shall take effect fifteen days after its publication in the Official Gazette.

2. Provisions of the Government issued before the effective date of this Decree which conflict with this Decree shall be superseded by the provisions of this Decree.