Decree 84/2024/ND-CP state management decentralization of a number of fields to Ho Chi Minh City

DECREE

On experimentation of state management decentralization of a number of fields to the administration of Ho Chi Minh City

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

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

Pursuant to the Law on Amending and Supplementing a Number of Articles 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 Promulgation of Legal Documents dated June 22, 2015; the Law on Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents dated June 18, 2020;

Pursuant to Point d Clause 1 Article 11 of the National Assembly’s Resolution No. 98/2023/QH15 dated June 24, 2023 on experimentation of a number of special mechanisms and policies for development of Ho Chi Minh City;

At the proposal of the Minister of Home Affairs;

The Government promulgates the Decree on experimentation of state management decentralization of a number of fields to the administration of Ho Chi Minh City.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides for the contents on experimentation of state management decentralization between the Government and the administration of Ho Chi Minh City (People’s Council and People’s Committee of Ho Chi Minh City) in a number of fields as follows:

1. State management of investment.

2. State management of economy, finance, state budget.

3. State management of planning, construction, resources and environment.

4. State management of transport.

5. State management of health.

6. State management of education and training.

7. State management of labor and vocational education.

8. State management of home affairs.

Article 2. Subjects of application

1. People’s Council and People’s Committee of Ho Chi Minh City.

2. Other state agencies, political organizations and socio-political organizations.

3. Socio-politico-professional organizations, social organizations and socio-professional organizations.

4. Other relevant organizations and individuals.

Article 3. Principles of decentralization

The decentralization of state management to the administration of Ho Chi Minh City (hereinafter referred to as the City) shall comply with Clause 2 Article 11 and Article 13 of the Law on Organization of Local Administration and the following specific contents:

1. To ensure the observance of the Constitution, Laws, Resolutions of the National Assembly, the National Assembly Standing Committee, the Parties’ policies on directions and tasks for development of the City.

2. To ensure the Government's centralized and unified leadership, direction and administration; promote the City's responsibility, the right to autonomy and accountability, dynamism and creativity in organization of implementation of socio-economic development targets in the locality.

3. The state management decentralization is associated to the enhancement of the responsibilities for inspection, examination and supervision of the City administration’s activities.

4. The state management decentralization of a number of fields aims to strengthen the responsibility of the City People's Committee and specialized agencies under the City People's Committee, create initiative and perfect the decentralization mechanism to the City administration.

5. The state management decentralization must be coupled to the implementation of the administrative reform program at all administrative levels in order to raise the effectiveness and efficiency of the State management apparatus of the City; promptly resolve difficulties to create favorable conditions for enterprises’ operations and serve better the requirement of organizations and the people.

6. The regulation or adjustment of administrative procedures related to the decentralization contents must ensure the following principles:

a) For the decentralization contents of which administrative procedures have been prescribed, the subjects performing administrative procedures shall be adjusted based on the dossiers and current order and procedures, not formulating additional administrative procedures;

b) For the decentralization contents of which administrative procedures have not been prescribed, the City People's Council shall define the administrative procedures and order, ensuring simple, easy-to-understand, easy-to-implement procedures to save time, cost and labor of the subjects and agencies performing administrative procedures.

Chapter II

STATE MANAGEMENT DECENTRALIZATION OF A NUMBER OF FIELDS

Article 4. State management of investment

The City People’s Committee shall submit to the City People’s to:

1. Decide the list of new sectors and trades eligible for investment incentives arising due to new technology development trends in the world or the City’s economic and social development, in conformity with the national orientation of development of green economy, circular economy, sharing economy, digital economy and sustainable development for the application in the City after the City People’s Committee consults the Ministry of Planning and Investment.

2. Based on the budget balancing capacity of the locality and detailed regulations on investment support forms (that are defined in the Government's Decree No. 31/2021/ND-CP dated March 26, 2021, detailing and guiding the implementation of a number of articles of the Law on Investment), issue support policies applicable to hi-tech enterprises and science and technology organizations, ensuring the City's specific characteristics.

Article 5. State management of economy, finance and state budget

1. The City People’s Committee shall submit to the City People’s to:

a) Decide on budget expenditures for a number of special spending tasks in the locality, in addition to the spending regimes, criteria and norms issued by the Government, Prime Minister or Minister of Finance, for performance of socio-economic development tasks and maintenance of social order and safety in the locality, within the balancing capacity of local budgets; no support from the central budget shall be provided.

b) Based on conditions, actual situation and budget balancing capacity of the City, decide the additional special spending levels for: Training and retraining of cadres, civil servants and public employees; business trip allowance regime; conference and reception expenditure regime, compared to current regimes, standards and budget expenditure norms after the City People's Committee consults with the Ministry of Finance.

2. The City People’s Committee is competent to:

a) Assign the provincial-level Department of Industry and Trade to grant and adjust the licenses for establishing retail sales outlets, for foreign investors and foreign-invested economic organizations operating in the City in the following cases:

Licenses for establishing retail sales outlets (including the first retail sales outlet, retail sales outlets in addition to the first retail sales outlet and not being convenience stores and mini marts), for retail sales outlets that are in trade centers and is under 500 m² in area.

Licenses for establishing retail sales outlets in addition to the first retail sales outlet (not being convenience stores and mini marts), for the ones under 100 m² in area and not in trade centers for which the licensing is approved by the economic need test council of the city; to perform the modification for the increasing the area of retail sales outlets in addition to the first retail sales outlet to those satisfying the two above-mentioned conditions.

Licenses for establishing the first retail sales outlet (not being convenience stores and mini marts), for the ones under 500 m² in area; and to perform the modification for the increasing the area (up to under 500 m²) of the first retail sales outlet (not being convenience stores and mini marts), for the ones outside trade centers.

b) Place orders and assign the task of management of exploitation and operation of hydraulic-work infrastructure assets providing public irrigation products and services in the City in accordance with the conditions, order and procedures defined by the City People's Council.

Article 6. State management of planning, construction, resources and environment

1. The City People’s Committee is competent to:

a) Decide the population size at projects on construction of social houses, ensuring the conformity and correspondence between it and the land use coefficient quota or additional construction density in accordance with law on houses, applicable regulations and standards upon approval of the investment policy; the sectional planning and detailed planning shall be approved or have their adjustments approved prior to the formulation of feasibility study reports on construction investment, ensuring the observance of Point b Clause 3 Article 6 of the Resolution No. 98/2023/QH15;

b) To proactively determine the population size, adjust the planned land use norms and architectural requirements upon organization of formulation, adjustment and approval of planning within the City People’s Committee’s competence, ensuring the conformity with the general planning (for cases of formulation and adjustment of zoning planning), the conformity with the general planning and zoning planning (for cases of formulation and adjustment approval of detailed planning) and the observance of the national technical regulation on construction planning;

c) Organize the auction for lease of production and business premises, land and houses being subjects of regulation of the Government’s Decree No. 167/2017/ND-CP dated December 31, 2017, defining the redistribution and disposal of public property and the Government’s Decree No. 67/2021/ND-CP dated July 15, 2021, on amending the Decree No. 167/2017/ND-CP, the reserve price for auction shall be determined by the Chairperson of the City People’s Committee (except for provisions of Clauses 3 and 4 Article 4 of the Resolution No. 98/2023/QH15) after consulting the Ministry of Finance.

2. Assign the specialized construction agency under the City People's Committee in accordance with law on construction to:

a) Appraise construction investment feasibility study reports, construction designs implemented after basic designs, for group-A projects with grade-II work or lower, group-B projects with work at highest grade being grade-I civil works using state capital other than public investment funds, other capital as defined by law on construction;

b) Examine the pre-acceptance tests of grade-I civil works using state capital other than public investment funds, other capital.

3. Assign the provincial-level Department of Construction to:

a) Grant, extend, re-grant and revoke certificates of eligibility to occupational safety inspection within the Ministry of Construction's competence defined in Clause 1 Article 6, Section III, Appendix Ib issued together with the Government's Decree No. 44/2016/ND-CP dated May 15, 2016 detailing a number of articles of the Law on Occupational Safety and Health regarding to occupational safety inspection, training in occupational safety and health, and working environment monitoring that is amended and supplemented by the Decree No. 140/2018/ND-CP dated October 8, 2018, Decree No. 04/2023/ND-CP dated February 13, 2023 (collectively referred to as Decree No. 44/2016/ND-CP as amended and supplemented). Conditions, dossiers, order and procedures for granting, renewing, and re-granting certificates of eligibility to occupational safety inspection, form of certificate of eligibility to occupational safety inspection; validity period of certificates of eligibility to occupational safety inspection; revocation of certificates of eligibility to occupational safety inspection shall comply with Article 4, Article 5, Clause 2 Article 6, Article 7, Article 8 of Appendix Ia issued together with Decree No. 44/2016/ND-CP as amended and supplemented;

b) Grant, re-grant and revoke certificates of inspector within the competence of the specialized agency under the Ministry of Construction as defined in Clause 3 Article 10, Section III, Appendix Ib issued together with Decree No. 44/2016/ND-CP as amended and supplemented. Criteria for inspectors; dossiers, order and procedures for granting and re-granting certificates of inspector; form of certificate of inspector; validity period of certificates of inspector; revocation of certificates of inspector shall comply with Articles 9, 10, 11, 12, 13 and 14 of Appendix Ic issued together with Decree No. 44/2016/ND-CP as amended and supplemented.

Article 7. State management of transport

The City People’s Committee is competent to:

1. Organize the state management of inland waterway navigation activities in national inland waterway sections within the City’s administrative boundary. Manage the operation in:

a) Inland waterway ports, inland waterway landing stages, anchorage zones, anchorage water areas in national inland waterway routes, exclusive inland waterways connected to national inland waterways;

b) Inland waterway landing stages and ports, anchorage water areas in the seaport water areas within the City’s administrative boundary.

2. Decide on location, scope, announcement procedure and announcement of operation of anchorage zones, anchorage water areas in local inland waterway routes, in national inland waterway routes, exclusive inland waterways connected to national inland waterways (and anchorage water areas in the seaport water areas) within the City’s administrative boundary (formulation of anchorage zone and anchorage water area planning is not required). In which, anchorage water area is a water area adjacent to river, canal or ditch banks at the land belong to an organization or individual for anchorage of inland waterway vessel; not used for cargo and/or passenger transport business.

Article 8. State management of health

The City People’s Committee is competent to:

1. Assign the specialized agency in health to grant certifications of advertising contents for medical examination and treatment services provided by private hospitals in the City.

2. Decide to grant import licenses for drugs to meet special treatment needs, that arise in the course of medical examination and treatment, for a number of drugs defined at Point b Clause 1 Article 68 of the Government’s Decree No. 54/2017/ND-CP dated May 08, 2017, on detailing a number of articles of and providing measures for implementing the Pharmacy Law (amended and supplemented by Point a Clause 38 Article 5 of Decree 155/2018/ND-CP dated November 12, 2018) to medical examination and treatment establishments under the City’s management. Report thereon to the Ministry of Health for information disclosure under Clause 6 Article 60 of Law on Pharmacy.

Article 9. State management of education and training

The City People’s Committee is competent to:

1. Approve the integrated education programs that are implemented in joint education with foreign partners, for educational institutions in the locality, ensuring the criteria, conditions, and standards according to Government’s regulations on foreign cooperation and investment in education and guidance of the Ministry of Education and Training.

2. Approve documents and learning materials used to introduce foreign languages to children, ensuring the criteria, conditions, process and procedures under the Government's regulations and guidance of the Ministry of Education and Training.

3. Pilot the innovation of operating mechanisms for a number of educational institutions under its management to improve the quality of education in the City.

Article 10. State management of labor and vocational education

The City People’s Committee is competent to:

1. Receive the dossiers of application for, and grant, re-grant, extend and revoke certificates of eligibility for occupational safety and health training to the institutions of which the headquarters is located in the City (except for occupational safety and health training institutions established under the decisions of ministries, sectors, central agencies, groups, state corporations under ministries, branches, central agencies) that carry out the grade-C training function for subjects of occupational safety and health training defined in Clause 5 Article 1 of the Government's Decree No. 140/2018/ND-CP dated October 08, 2018 on amending and supplementing decrees related to business investment conditions and administrative procedures under the state management of the Ministry of Labor, Invalids and Social Affairs.

2. Grant registration certificates of vocational education activities, certificates of additional registration of vocational education activities to colleges under the City's management, ensuring criteria and conditions under the Government's regulations.

3. Approve the demand for foreign workers; certify the exemption from work permit; grant, re-grant, extend and revoke the work permit for organizations, agencies and enterprises established under the permission of the Government, Prime Minister, ministries, ministerial-level agencies or government-attached agencies that is headquartered and operating in the City as defined at Point a Clause 11 Article 1 of the Government's Decree No. 70/2023/ND-CP dated September 18, 2023, amending and supplementing Point a Clause 1 Article 30 of the Government’s Decree No. 152/2020/ND-CP dated December 30, 2020, on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam.

Article 11. State management of home affairs

1. The City People’s Committee shall submit to the City People’s to:

a) Decide on the establishment, separation, merger, and consolidation of specialized agencies under the City People's Committee, ensuring that it is suitable to the characteristics of the City and do not increase the number of existing specialized agencies;

b) In addition to the rewards under current regulations, based on its conditions, actual situation and budget, the City shall decide on additional rewards for collectives and individuals with exceptionally outstanding or outstanding achievements in building and defending the Fatherland and contributing to promotion of national defense and security, socio-economic development of the City, in conformity with the City’s budget balancing capacity.

2. The City People's Committee has the competence to decide on payroll quotas and organize rank promotion examinations to promote civil servants to specialists, principal-specialists and equivalent ranks as prescribed in Clauses 2 and 3, Article 32 of the Government's Decree No. 138/2020/ND-CP dated November 27, 2020 regulating the recruitment, employment and management of civil servants.

3. District-level People's Committees shall submit to the People's Council at the same level for decision on the establishment, separation, merger, and consolidation of specialized agencies under the district-level People's Committees, ensuring that such decisions are suitable to the characteristics of the City and do not increase the number of existing specialized agencies.

Chapter III

IMPLEMENTATION PROVISIONS

Article 12. Transitional provisions

1. The City People's Committee shall submit to the People's Council at the same level to prescribe or adjust administrative procedures, ensuring compliance with the principles prescribed in Clause 6 Article 3 of this Decree.

2. For the contents specified at Point a Clause 2 Article 5, in Clauses 2 and 3 Article 6, Clauses 1 and 2 Article 7, Article 8, Clauses 1 and 2 Article 9 and Article 10 of this Decree, organizations and individuals that have submitted their dossiers before the effective date of this Decree shall continue to comply with the relevant laws.

For cases that have been appraised, accepted, approved, and granted certificates, licenses, and certifications before the effective date of this Decree, the documents issued by competent state agencies shall continue to be used; in case a document has a validity period, it shall be used until it expires. Cases of amendment, supplement, adjustment, extension, re-grant, revocation shall comply with this Decree.

Article 13. Effect

1. This Decree takes effect on July 10, 2024. To repeal the Government's Decree No. 93/2001/ND-CP dated December 12, 2001 defining the state management decentralization of a number of fields to Ho Chi Minh City. In case there are different provisions on competence between this Decree and other decrees, this Decree shall prevail.

2. The City People’s Committee shall be responsible for making the final review and assessment of the experimentation of decentralization contents defined in this Decree in sync with making of the final review and assessment of the implementation of the National Assembly’s Resolution No. 98/2023/QH15 dated June 24, 2023 on experimentation of a number of special mechanisms and policies for development of Ho Chi Minh City, reporting thereon to the Government for consideration and decision.

Article 14. Implementation responsibility

1. Ministries and branches shall be responsible for inspecting the implementation of the contents of decentralization to the City administration related to their functions and tasks as prescribed in this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, People’s Council and People’s Committee of Ho Chi Minh City and relevant agencies shall take responsibility for the implementation of this Decree.