Decree 09/2024/ND-CP amend Decree 144/2016/ND-CP special mechanisms on investment, finance, budget and management decentralization applicable to Da Nang city

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 144/2016/ND-CP of November 1, 2016, providing a number of special mechanisms on investment, finance, budget and management decentralization applicable to Da Nang city^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the June 25, 2015 Law on the State Budget;

Pursuant to the June 21, 2017 Law on Management and Use of Public Assets;

Pursuant to the June 29, 2006 Law on Information Technology;

Pursuant to the November 13, 2008 Law on High Technology;

Pursuant to the National Assembly’s Resolution No. 119/2020/QH4 of June 19, 2020, on pilot organization of the urban administration model and a number of special mechanisms and policies for development of Da Nang city;

At the proposal of the Minister of Finance;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 144/2016/ND-CP of November 1, 2016, providing a number of special mechanisms on investment, finance, budget and management decentralization applicable to Da Nang city (below referred to as Decree No. 144/2016/ND-CP).

Article 1. To add Article 9a (below Article 9 of Decree No. 144/2016/ND-CP) as follows:

“Article 9a. Investment, management and operation of the centralized information technology zone - Da Nang Software Park as an information infrastructure asset

1. The centralized information technology zone - Da Nang Software Park (below referred to as the centralized information technology zone) invested by the People’s Committee of Da Nang city in accordance with the state budget law and public investment law constitutes an information infrastructure asset.

2. The People’s Council of Da Nang city may consider and decide on the investment, upgrading, expansion and development of the information infrastructure asset for the centralized information technology zone with the use of funds from the budget of Da Nang city.

3. The People’s Committee of Da Nang city shall act as the state management agency in charge of the centralized information technology zone.

4. The management and exploitation of the centralized information technology zone must comply with Clauses 5, 6, 7 and 8 of this Article.

5. Principles of management and exploitation of the centralized information technology zone

a/ The management and operation of the centralized information technology zone must ensure the compliance with the investment, construction and procurement purposes, and ensure effectiveness, publicity and transparency; and be subject to supervision, inspection, examination and audit in accordance with law. All acts of violation of the asset management, exploitation and use law shall be promptly detected and strictly handled in accordance with law.

b/ The formulation, management and keeping of dossiers, reporting, monitoring, accounting, and maintenance of the centralized information technology zone must comply with law.

6. Assignment of the centralized information technology zone

a/ The entity assigned the centralized information technology zone is a public non-business unit under the People’s Committee of Da Nang city (below referred to as the unit managing the centralized information technology zone).

b/ Order and procedures for assignment of the centralized information technology zone

The specialized agency in charge of information and communications under the People’s Committee of Da Nang city (below referred to as the information and communications agency) shall send a written request enclosed with a dossier for assignment of the centralized information technology zone (a copy not required to be certified) to the finance agency of the People’s Committee of Da Nang city (below referred to as the finance agency) and related agencies for soliciting opinions. The dossier must comprise a written request made by the unit managing the centralized information technology zone; a draft plan on the assignment (clearly identifying the assigned entity, assignment form and reason, and list of assets to be assigned); and relevant papers.

Within 15 days after receiving a complete dossier, the finance agency and related agencies shall give opinions in writing, depending on their functions and tasks.

Within 15 days after receiving the written opinions of the finance agency and related agencies, the information and communications agency shall complete the assignment plan and submit a dossier to the People’s Committee of Da Nang city. The dossier must comprise a written request made by the information and communications agency (the original) enclosed with the assignment plan (clearly identifying the assigned entity, assignment form and reason, and list of assets to be assigned); a written request made by the unit managing the centralized information technology zone (the original); papers showing opinions of the finance agency and related agencies (the originals); and other relevant papers (copies not required to be certified).

Within 15 days after receiving a complete dossier, the People’s Committee of Da Nang city shall consider and issue a decision on assignment of the centralized information technology zone to the unit managing the centralized information technology zone for management and exploitation. The decision must have the following principal contents: name of the unit managing the centralized information technology zone; list of assets; and responsibilities for organization of implementation of the decision.

Within 15 days after the People’s Committee of Da Nang city issues the decision on assignment of the centralized information technology zone, related agencies and units shall proceed with the handover and receipt under regulations, which must be recoded in a minutes, made according to Form No. 01 provided in the Appendix to this Decree.

7. Operation of the centralized information technology zone

a/ The unit managing the centralized information technology zone shall directly organize the operation of its assets. The organization of operation of the centralized information technology zone shall be included in a scheme to be approved by the People’s Committee of Da Nang city.

b/ Order and procedures for formulation and approval of the Scheme

The unit managing the centralized information technology zone shall send a written report, enclosed with the Scheme, made according to Form No. 02 provided in the Appendix to this Decree, and relevant papers (copies not required to be certified) to the superior management agency (if any) for consideration, and send it to the information and communications agency, the finance agency and other related agencies for opinion.

Within 15 days after receiving a complete dossier, the information and communications agency, the finance agency and related agencies shall give opinions in writing, depending on their functions and tasks.

Within 15 days after receiving the written opinions of the information and communications agency, the finance agency and related agencies, the unit managing the centralized information technology zone shall study and accept such opinions for adjustment and completion of the Scheme and submit a dossier of the scheme to the People’s Committee of Da Nang city for approval. The dossier must comprise a written request made by the unit managing the centralized information technology zone (the original) enclosed with the Scheme; papers showing the opinions of the information and communications agency, the finance agency and related agencies (the originals); and other relevant papers (copies not required to be certified).

Based on the scheme approved by the People’s Committee of Da Nang city, the unit managing the centralized information technology zone shall organize the implementation thereof under Points d and dd of this Clause.

c/ Organization of implementation of the Scheme

The selection of an entity entitled to provide infrastructure and services in the centralized information technology zone (below referred to as asset user) shall be carried out in the form of auction. The entity assigned for holding auction must be among those specified in the Government’s Decree No. 154/2013/ND-CP of November 8, 2013, on centralized information technology zones, and amending and supplementing documents (if any).

The reserve price for auction to select an asset user shall be accurately and fully calculated to be inclusive of reasonable and valid expenses (depreciation of fixed assets determined under regulations on management and deduction of depreciation applicable to enterprises; taxes, charges, fees, land rental, and other financial obligations in accordance with law).

The unit managing the centralized information technology zone shall determine the reserve price for holding auction to select an asset user and report such to the superior management agency (if any) for consideration and reporting to the People’s Committee of Da Nang city for approval. Based on practical conditions of the city, the People’s Committee of Da Nang city shall consider assigning an appraisal agency to appraise such reserve price and perform other relevant tasks before proposing the People’s Committee of Da Nang city to approve the reserve price for auction to select an asset user.

The selection of an asset auction organization, and order and procedures for holding auction to select an asset user must comply with the asset auction law. The unit managing the centralized information technology zone shall supervise the process of auction organization and fully exercise other rights and perform other obligations of entities having assets put for auction in accordance with the asset auction law.

The selection of an asset user shall be included in a contract and the signing of such contract must comply with law. The contract must have the following principal contents: information on the asset user; information on the asset; charge rate and adjustment thereof; payment method and time limit; asset use period; asset use purpose; rights and obligations of the contracting parties; responsibilities in the event of contract breach; penalty for contract breach; cases of contract termination and solutions; effective date of the contract; and other contents (if necessary).

d/ Management and use of revenues from asset exploitation

The unit managing the centralized information technology zone shall remit all revenues from exploitation of the centralized information technology zone into the state budget; and the formulation and approval of estimates and account-finalization of revenues and expenditures for the exploitation of the centralized information technology zone must comply with the law on the state budget. The People’s Council of Da Nang city shall specify the expenditure items and levels applicable to the unit managing the centralized information technology zone.

8. In case no entity wishes to exploit the centralized information technology zone or the exploitation is inefficient, the unit managing the centralized information technology zone shall identify the causes and propose solutions thereof, and report such to the specialized agency in charge of information and communications for reporting to the People’s Committee of Da Nang city for consideration and decision according to its competence, or to the competent authority for consideration and decision.

Article 2. Effect

1. This Decree takes effect on February 1, 2024.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and the Chairperson of the People’s Council and the Chairperson of the People’s Committee of Da Nang city shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
LE MINH KHAI

* The Appendix to this Decree is not translated.