Decree No. 93/2001/ND-CP On Delegating Management of Certain Areas to Ho Chi Minh City

DECREE

On the Delegation of Management of Certain Areas to Ho Chi Minh City

________________________

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Law on Organization of People's Councils and People's Committees dated June 21, 1994;

Pursuant to Resolution No. 08/2001/NQ-CP dated August 2, 2001 of the Government on the contents of the regular meeting of the Government in July 2001;

At the proposal of the Chairman of the People's Committee of Ho Chi Minh City in the report No. 3113/UB-TT dated September 7, 2001,

DECREE:

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of application

This Decree stipulates the content of the delegation of state management to the People's Council and People's Committee of Ho Chi Minh City in the following areas:

- Management of planning, investment, and socio-economic development;

- Management of housing, land, and urban technical infrastructure;

- State budget management;

- Organization of machinery and civil servant management.

Article 2. Objectives of the delegation

To strengthen the delegation of management to Ho Chi Minh City (hereinafter referred to as the City) in order to enhance responsibility and create conditions for the City to fully utilize its initiative and creativity in promptly addressing issues within the scope of authority of the People's Council and People's Committee of the City, effectively exploiting the potential and strengths of the City in socio-economic development, commensurate with the position and role of the City in the country and region.

Article 3. Principles of the delegation

The delegation of management to the City shall be carried out according to the following principles:

1. Ensuring centralized and unified leadership, guidance, and management by the Government; at the same time, promoting the City's autonomy and dynamism in implementing socio-economic development goals.

2. The delegation of management is linked to strengthening the inspection responsibilities of Ministries and sectors regarding the activities of the City's administration.

3. The delegation of management is combined with the implementation of administrative reform programs at all levels of government to improve the effectiveness of local state management machinery; facilitate business operations and the lives of citizens.

4. Compliance with current laws on the authorities of the Government and the Prime Minister.

5. The delegation of management is combined with enhancing the responsibilities of the People's Council and People's Committee of the City and expanding democracy, making public participation and supervision more transparent.

Chapter 2:

MANAGEMENT OF PLANNING, PROGRAMMING, INVESTMENT AND ECONOMIC AND SOCIAL DEVELOPMENT

Article 4. Planning and programming management

1. In the process of organizing the implementation of the overall socio-economic development plan on the territory, the People's Council and People's Committee of the City have the responsibility to:

a) Develop, approve detailed plans and adjust partial plans to ensure consistency, harmony, and suitability for each stage of development without changing the viewpoint and orientation of the overall plan approved by the Prime Minister;

b) Serve as the focal point in coordinating with Ministries, agencies equivalent to Ministries, and government agencies and central units located on the territory to develop and implement sectoral plans on the territory;

c) Coordinate and cooperate, support other provinces in the Southern Key Economic Zone in developing and implementing socio-economic development plans for the entire zone.

2. Ministries, agencies equivalent to Ministries, and government agencies have the responsibility to:

a) Develop strategies and sectoral plans, regional plans for the Southern Key Economic Zone as a basis for the People's Council and People's Committee of the City to develop socio-economic development plans and sectoral plans on the territory;

b) Guide and coordinate with the People's Committee of the City in developing and implementing socio-economic development plans on the city territory;

c) Resolve in accordance with their authority or recommend the Prime Minister to resolve promptly any difficulties arising during the implementation of the City's plans and programs.

Within thirty days from the date of receipt of the City's People's Committee's recommendation, relevant Ministries, agencies equivalent to Ministries, and government agencies must respond in writing to that recommendation. Beyond this period, if there is no response, it will be considered as agreement with the recommendation of the City's People's Committee, and related agencies must bear responsibility for matters within their authority. The City's People's Committee has the right to decide and report to the Prime Minister.

3. Provinces in the Southern Key Economic Zone:

The People's Committees of provinces and cities in the Southern Key Economic Zone have the responsibility to coordinate with the People's Committee of Ho Chi Minh City in implementing the overall plan and specialized plans in the zone, ensuring consistency and unity in socio-economic development issues throughout the zone.

Article 5. Investment management

1. For certain domestic-funded investment projects (excluding projects in the field of national defense security requiring national confidentiality, establishment and construction of new industrial zones, production of toxic substances, explosives not dependent on scale) managed by the City's People's Committee but within the authority of the Prime Minister to decide, the Prime Minister now approves the feasibility study reports of these projects and delegates the authority to the Chairman of the City's People's Committee to make investment decisions and proceed with subsequent steps in the project implementation process.

2. Based on Decree No. 52/1999/NĐ-CP dated July 8, 1999 of the Government on the Regulations on Investment and Construction Management, and Decree No. 12/2000/NĐ-CP dated May 5, 2000 of the Government amending and supplementing some articles of the Investment and Construction Management Regulations issued together with Decree No. 52/1999/NĐ-CP, the Chairman of the City's People's Committee has the authority to decide on investment projects using domestic funds, consistent with socio-economic development plans on the territory managed by the City, except for projects funded by ODA and foreign loans guaranteed by the State Bank of Vietnam and the Ministry of Finance.

3. For projects mentioned in Clause 2 of this Article that the Prime Minister has delegated to the Chairman of the People's Committee of the city to decide on investment, the Chairman of the People's Committee of the city is authorized to direct the Chairmen of the People's Committees of districts and counties and the Directors of Departments, Bureaus, and Ministries to implement such investments. The Chairman of the People's Committee of the city shall be responsible for such delegation before the Prime Minister.

4. The Chairman of the People's Committee of the city shall be responsible for deciding and directing the implementation of investment projects within their jurisdiction in accordance with urban planning and socio-economic development plans, and in compliance with economic and technical standards and environmental requirements as stipulated in industry management regulations applicable to each project.

Relevant Ministries, agencies at the level of Ministries, and government agencies shall have the responsibility to guide, urge, and inspect the implementation of investment projects in the city in accordance with the provisions of the law.

Article 6. Bid management authority

The Chairman of the People's Committee of the city shall approve bidding plans, tender evaluation criteria, bidding results, and designate tender packages for projects under the city's management, based on complying with specific conditions set forth in the Bidding Regulations issued by Decree No. 88/1999/NĐ-CP dated September 1, 1999, and Decree No. 14/2000/NĐ-CP dated May 5, 2000, of the Government regarding amendments and supplements to certain articles of the Bidding Regulations issued together with Decree No. 88/1999/NĐ-CP.

Article 7. Reorganization and restructuring state-owned enterprises

The Chairman of the People's Committee of the city shall have the authority to decide on the privatization, assignment, sale, lease, and reorganization of state-owned enterprises under the city's management. The implementation of the contents of this Article must comply with other relevant legal provisions and implementing guidelines.

Article 8. Issuance of regulations to encourage socialization of public services and social infrastructure

1. Based on current laws, the People's Council and People's Committee of the city shall issue preferential policies and specific management mechanisms to encourage various economic sectors to widely participate in urban public services within the city through contractual arrangements, bidding, subsidized public service prices provided by investors, or signing contracts to purchase various types of urban public services.

2. Based on Resolution No. 90/NQ-CP dated August 21, 1997, and Decree No. 73/1999/NĐ-CP dated August 19, 1999, of the Government regarding policies to encourage socialization in education and training, healthcare, culture, sports, and physical education activities, after reaching consensus with relevant Ministries and agencies, the People's Council of the city shall decide on policies and measures to encourage, promote, and expand forms of socialization in science and technology, education and training, healthcare, culture, and sports activities within the city.

3. Based on the city's master plan in fields such as education and training, healthcare, culture, sports, and physical education, the People's Committee of the city shall have the following powers:

a) To decide on the establishment of public, semi-public, and private educational institutions; to establish or convert public vocational schools, training centers, health facilities, cultural centers, and sports facilities directly under the city into semi-public entities;

b) To decide on the establishment of various types of hospitals within the city according to the Ministry of Health's regulations on industry-specific conditions and standards.

Article 9. Management of residents and social issues

Based on the resolutions of the People's Council and People's Committee of the city:

1. Regulations on resident management, measures to control and limit spontaneous and illegal immigration, and adjustments to population distribution according to planning while ensuring the rights and legitimate interests of residents;

2. Preferential regulations and favorable conditions for highly qualified experts to reside and work within the city;

3. Regulations on labor management and measures to create new job opportunities and reduce unemployment rates.

Chapter 3:

MANAGEMENT OF HOUSING, LAND, AND URBAN INFRASTRUCTURE

Article 10. Management of housing and land for domestic organizations, households, and individuals

Based on the current Land Law and implementing guidelines for the Land Law, the People's Committee of the city shall issue regulations on:

1. Administrative procedures for changing land use purposes from other types of land to residential land in areas with approved detailed planning;

2. Administrative procedures for issuing land use right certificates based on current usage for organizations, households, and individuals;

3. Administrative procedures for transferring agricultural land, aquaculture land, and salt-making land rights in districts and counties;

4. Administrative procedures for allocating or leasing land to investment project owners;

5. Procedures for leasing, subleasing, inheritance, mortgage, and capital contribution using the value of land use rights within the city.

Article 11. Management of housing and land for foreign organizations and individuals, and overseas Vietnamese

The People's Committee of the city is authorized to specify procedures for purchasing houses attached to land use rights for overseas Vietnamese residing in the city as specified in Article 80 of the Law Amending and Supplementing Certain Provisions of the 2001 Land Law and implementing guidelines for the Land Law and investment within the city.

Article 12. Authority to determine land prices, compensation for losses, and land recovery

The People's Committee of the city:

1. Based on the Government's regulations on price ranges and principles and methods for determining prices of various types of land, it shall specify land prices within its jurisdiction in line with urban development planning objectives and the actual real estate market conditions locally.

2. Establish consulting companies for land valuation and architectural works attached to land to meet the requirements for determining compensation values or support when the State recovers land; seize and auction houses and factories attached to land use rights, and other cases requiring such actions.

3. Be responsible for organizing compensation and clearance according to the valuation mechanism prescribed in Clauses 1 and 2 of this Article, and directly recover all land within the construction planning area of the project, regardless of the purpose of the project, then transfer or lease the land to the project investor to implement the project.

Article 13. Architectural and Construction Planning Management

The People's Committee of the City has the authority and responsibility:

1. Based on the General Plan of Ho Chi Minh City approved by the Prime Minister and the written agreement of the Ministry of Construction, organize the preparation and approval of detailed planning projects; balance and reasonably use budget capital according to the annual plan; have policies to create capital for investigation, survey, and design construction planning projects.

2. Issue regulations on architectural and construction planning management within the city to concretize national standards and norms on planning, architecture, and construction that are suitable to the actual conditions of the city.

3. Develop and issue regulations on landscape architecture that comply with current regulations, ensuring the preservation of cultural and traditional architectural heritage and promoting modern urban architecture rich in ethnic characteristics.

4. Organize the public announcement of construction planning projects that have been approved by competent authorities; introduce locations and issue planning certificates to organizations and individuals to be aware of implementation and monitor construction according to the plan.

Article 14. Investment and Construction Management

The People's Committee of the City is authorized to issue:

1. Management procedures for investment and construction for various types of projects and construction works within the city, ensuring compliance with the purposes, requirements, and basic principles of investment and construction management as stipulated by the Government and suitable to the actual conditions of the city.

2. Standards, regulations, procedures, and special unit prices for construction that are suitable to the actual conditions of the city after obtaining written agreement from the Ministry of Construction.

Article 15. Technical Infrastructure Management

1. After receiving written approval from relevant ministries and sectors, based on the Resolution of the Municipal People's Council, the People's Committee of the City issues regulations to coordinate with specialized agencies of ministries, ministerial-level agencies, and government agencies in managing unified activities of investment and construction, operation, and use of technical infrastructure works within the city.

2. Based on the Resolution of the Municipal People's Council, the People's Committee of the City issues:

a) Regulations encouraging the development of technical infrastructure in new districts and counties of the city;

b) Regulations encouraging the development of various forms of public passenger transport.

Article 16. Urban Environmental Management and Protection

1. Based on the Resolution of the Municipal People's Council, the People's Committee of the City issues regulations on:

a) Encouraging investment in environmental protection and green park development within the city;

b) Providing financial, land, technology, and other support measures for relocating or upgrading production and business facilities and other existing pollution sources in the inner city area.

2. Based on laws on environmental protection, the Administrative Violation Handling Ordinance, and related implementing documents, the Chairman of the People's Committee of the City specifies the amount and method of financial contributions from organizations and individuals engaged in production and business activities causing environmental damage within the city.

Chapter 4:

STATE BUDGET MANAGEMENT

Article 17. Management of State Budget Revenue on the City's Territory

1. The Government assigns the total annual state budget revenue target on the city's territory, including revenue for the central budget and revenue for the local budget. Following the guidance of the Ministry of Finance, the People's Committee of the City is responsible for directing and urging the timely collection in accordance with the assigned plan.

2. The sources of revenue for the city's budget include:

a) Revenue items retained at 100% by the city as prescribed by the State Budget Law;

b) Revenue items divided between the central budget and the city's budget at a percentage ratio as prescribed by the State Budget Law. The Government decides the specific percentage ratio for dividing these revenue items between the state and the city's budget, which remains stable for five years;

c) Supplementary funds from the central budget for urgent tasks assigned by the Government;

d) Other revenue items decided by the Municipal People's Council within its jurisdiction as prescribed by current laws and this Decree.

3. Based on the State Budget Law and related implementing documents, the Municipal People's Council decides on the reasonable allocation of revenue items belonging to the local budget to district, county, ward, commune, and town budgets.

Article 18. Authority to Mobilize Investment Capital Sources

1. The Municipal People's Council and the People's Committee of the City can mobilize domestic capital through borrowing and issuing construction bonds and municipal bonds under a self-borrowing and self-repayment mechanism using city budget revenue.

2. The People's Committee of the City can borrow from the Development Support Fund and other financial sources to invest in building socio-economic infrastructure outside the borrowing methods specified in Clause 1 of this Article.

3. The total annual debt from investment borrowing sources at Clause 1 and 2 of this Article shall not exceed the total annual investment capital of the city's budget.

4. The Municipal People's Council has the authority to decide additional fees, charges, and other revenue items as prescribed by the State Budget Law, the Fee and Charge Ordinance, and related implementing documents, to meet the needs of economic and social development of the city and must be commensurate with the living standards of residents in the city.

5. The Chairman of the People's Committee of the City, after being authorized by the Prime Minister to accept non-refundable aid for the city (regardless of the amount of aid), except in religious, defense, and security areas, is responsible for directing the acceptance, management, and effective use of aid, fully reflecting it in the budget and implementing reporting systems for income and expenditure of this fund as prescribed by law.

6. The People's Committee of the City shall be responsible for consolidating and developing the existing "City Investment and Development Fund", and establishing and submitting to the Prime Minister for decision other financial investment funds of the City with the participation of capital from the State, enterprises belonging to various economic sectors, and individuals, aiming to enhance the ability to attract sources of capital for investment and development.

Article 19. Management of City Budget Expenditure

1. Based on the annual state budget estimate assigned, and in accordance with the guidance of the Ministry of Finance, the People's Council of the City shall allocate in detail the expenditure items, arrange the expenditure tasks, and set appropriate expenditure levels in line with the requirements for economic and social development of the City.

2. In addition to allocating expenditure items balanced from budget revenue, the People's Council and the People's Committee of the City may also allocate additional investment and development expenditure from the mobilized capital as stipulated in Article 18 of this Decree.

3. The People's Council and the People's Committee of the City shall be responsible for balancing budget revenues and expenditures, ensuring the expenditure tasks of the City budget, including debt repayment and replenishment of the financial reserve fund; at the same time, implementing the reporting system and publicizing budget revenue and expenditure according to the provisions of the law.

Chapter 5:

ORGANIZATION AND MANAGEMENT OF STAFF AND CIVIL SERVANTS

Article 20. Organization and management of staff and civil servants

1. Based on current legal regulations and the needs of administrative management within the territory:

a) The People's Council and the People's Committee of the City are authorized by the Government to decide on the specific number of specialized agencies under the People's Committee of the City;

b) The People's Committee of the City decides on the reorganization, dissolution, and establishment of new units under its management (except for vocational high schools, vocational training schools directly under Ministries, agencies equivalent to Ministries, and government agencies, which follow the provisions of the Education Law).

2. Based on the total staffing quota assigned by the Government and the requirements for economic and social development during each period, with the consent of the People's Council, the People's Committee of the City determines and allocates staffing quotas for subordinate administrative and service units towards streamlining the organizational structure and socializing public service areas.

3. Based on the Civil Servant Law and guiding documents, the People's Committee of the City may establish preferential recruitment policies for certain professions with few applicants; implement contractual employment within the staffing quota for some positions awaiting competitive examinations.

4. On the basis of regulations regarding appointment, transfer, and disciplinary measures for civil servants, the Chairman of the People's Committee of the City appoints, transfers, and disciplines heads of specialized agencies under the People's Committee of the City, and reports to relevant Ministries and agencies.

Article 21. Regarding incentive systems for civil servants

In addition to the general policies and benefits applied by the State to civil servants, the People's Committee of the City may establish additional allowances within the City budget aimed at:

1. Attracting skilled technical and professional labor into key fields and industries with high economic efficiency and priority development needs.

2. Encouraging civil servants to work in economically disadvantaged areas or in complex jobs that few people want to undertake.

Chapter 6:

IMPLEMENTING PROVISIONS

Article 22. Implementation

1. The Ministers, Heads of agencies equivalent to Ministries, Heads of government agencies, Chairmen of the People's Council, and Chairmen of the People's Committee of Ho Chi Minh City are responsible for implementing this Decree.

During the implementation process, if there are issues beyond their authority, the Chairman of the People's Committee of Ho Chi Minh City must promptly report to the Prime Minister for consideration and resolution.

2. Ministries, agencies equivalent to Ministries, and government agencies, within their respective duties and powers, have the responsibility to guide the city in organizing the implementation of this Decree.

3. Assign the Office of the Government to monitor the situation and periodically report to the Prime Minister on the results of implementing this Decree.

4. Provinces in the Southern Key Economic Zone have the responsibility to closely coordinate with the city to implement this Decree.

Article 23. Effectiveness

This Decree shall take effect fifteen days from the date of signature.

Regulations on the delegation of management of certain areas under this Decree only apply within the territory of Ho Chi Minh City.