Decree No. 164/2018/ND-CP combination of national defense with socio-economic development and vice versa

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Decree No. 164/2018/ND-CP dated December 21, 2018 of the Government on combination of national defense with socio-economic development and vice versa
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Official number: 164/2018/ND-CP Signer: Nguyen Xuan Phuc
Type: Decree Expiry date: Updating
Issuing date: 21/12/2018 Effect status:
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Fields: National Security , Policy

SUMMARY

To enhance the combination of national defense with socio-economic development

This is a content approved by the Government in the Decree No. 164/2018/ND-CP on combination of national defense with socio-economic development and vice versa on December 21, 2018.

The combination of national defense with socio-economic development covers the combination of all national defense activities with activities of formulating and implementing socio-economic development strategies, master plans, plans and projects of ministries, sectors and localities, ensuring a stable environment for national socio-economic development.

The combination includes:

- Combination in the formulation of master plans on national defense disposition;

- Combination in construction and development of economic-national defense zones;

- Combination in the management of economic-national defense zones;

- Combination in activities of enterprises serving national defense purposes;

- Combination in activities of army units assigned to perform combined economic and national defense tasks.

This Decree takes effect on February 10, 2019.

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Effect status: Known

THEGOVERNMENT

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 164/2018/ND-CP

 

Hanoi, December 21, 2018

 

DECREE

On combination of national defense with socio-economic development and vice versa[1]

 

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

Pursuant to the June 8, 2018 Law on National Defense;

At the proposal of the Minister of National Defense;

The Government promulgates the Decree detailing the combination of national defense with socio-economic development and vice versa.

 

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree details Clause 3, Article 15 of the Law on National Defense regarding the principles, grounds, contents and forms of combination of national defense with socio-economic development and vice versa; and responsibilities of related ministries, sectors and localities.

Article 2.Subjects of application

1. Vietnamese citizens, ministries, sectors, localities, political organizations and socio-political organizations.

2. Vietnamese economic organizations, non-business units and enterprises.

3. Foreign individuals and organizations that reside, invest, do business and operate in Vietnam.

Article 3.Interpretation of terms

1. Plan on national defense demands means the collection of demands for national defense tasks meeting the requirement of defending the Fatherland.

2. Capacity for combination of national defense with socio-economic development in peacetime, state of emergency related to national defense, and state of war constitute specific contents of combination of national defense with socio-economic development to be realized by organizations and individuals in the implementation of strategies, master plans, plans, important national projects, and socio-economic development projects of ministries, sectors, regions and localities.

3. Dual-use investment and construction project means an investment and construction project planned and arranged by a competent state agency in conformity with local socio-economic development requirements in peacetime and prepared for service of national defense demands upon the state of emergency related to national defense or upon the state of war.

4. Economic-national defense zone means a delimited area embracing a number of communes of one or more than one district in one or more than one province, and communes facing extreme difficulties in deep-lying, remote or border areas, strategic geographical areas in terms of national defense and security, sea and island areas, exclusive economic zones and continental shelf of the Socialist Republic of Vietnam in conformity with the national planning system. In such area, the Ministry of National Defense shall assume the prime responsibility for, and coordinate with ministries, sectors and localities in, realizing the objective of socio-economic development in association with national defense and security consolidation.

5. Economic-national defense group means an army unit established by the Ministry of National Defense for the realization of the objectives and tasks of building and developing economic-national defense zones.

6. National defense service enterprise means an enterprise established or organized in accordance with law for the performance of national defense tasks and participation in socio-economic development.

7. Army unit assigned to perform economic tasks in combination with national defense means an organization under the Ministry of National Defense which performs labor, production and economic construction tasks and is managed and operates in accordance with law.

Article 4.Principles of combination of national defense with socio-economic development and vice versa

1. To be placed under the absolute, direct and all-sided leadership of the Party and the concentrated and unified management of the State, contributing to the consolidation and intensification of national defense potential, and raising the combat strength and readiness of the Army; to mobilize the strength of the entire Party, entire population, entire army and political system in the cause of national construction and defense.

2. To ensure the consistency and synchronicity of national defense activities with socio-economic development strategies, master plans, plans and projects; to clearly identify immediate and long- term objectives. The combination shall be effected throughout the entire process from the stage of formulating and appraising to the stage of implementing strategies, master plans, and short-, medium- and long-term plans in each work and each socio-economic development project by region and territory; and in all sectors and domains of the national economy of related ministries, sectors, localities, organizations and individuals.

3. To clearly define responsibilities of ministries, sectors and localities in the combination of national defense with socio-economic development and vice versa.

Article 5.Grounds for combination

1. The national defense strategy in the new situation, Vietnam’s national defense strategy, Vietnam’s military strategy, the national security strategy, the national border protection strategy, Vietnam’s marine strategy, and the strategy for national defense in cyberspace, and relevant contents.

2. The resolve to defend the Socialist Fatherland of Vietnam. The master plan on national defense-related disposition.

3. National defense-related mobilization plans of ministries, sectors, agencies, organizations, military zones, and provincial- and district-level agencies, which are approved by competent authorities.

4. Army stationing and force arrangement master plans of units of the People’s Army and Militia and Self-Defense forces.

5. National-level master plans, regional master plans, provincial master plans, master plans on special administrative-economic units, urban master plans, and rural master plans; and phased socio-economic development strategies and plans approved by competent authorities.

6. Plans on building provincial-level defense areas into firm ones.

7. Military and national defense tasks of units in each period as approved by competent authorities.

8. Relevant legal documents.

Chapter II

COMBINATION OF NATIONAL DEFENSE WITH SOCIO-ECONOMIC DEVELOPMENT

Article 6.Contents of combination

The combination of national defense with socio-economic development covers the combination of all national defense activities with activities of formulating and implementing socio-economic development strategies, master plans, plans and projects of ministries, sectors and localities, ensuring a stable environment for national socio-economic development.

Article 7.Combination in the formulation of master plans on national defense disposition

The Ministry of National Defense shall assume the prime responsibility for, and coordinate with ministries, sectors and localities in, formulating, reviewing and adjusting master plans on national defense disposition in combination with socio-economic development nationwide and submitting them to the Prime Minister for approval. Based on the Prime Minister’s approval, the Ministry of National Defense shall assume the prime responsibility for, and coordinate with ministries, sectors and localities in, disseminating, and reaching agreement on measures for management and implementation of, master plans on national defense disposition in combination with socio-economic development.

Article 8.Combination in construction and development of economic-national defense zones

1. In the planning of economic-national defense zones:

a/ The Prime Minister shall direct the formulation of master plans on economic-national defense zones;

b/ The Ministry of National Defense shall devise planning tasks for submission to the Prime Minister for approval; select planning consultancy organizations, formulate master plans, and propose the Prime Minister to form a council for appraisal and approval of master plans on construction and development of economic-national defense zones;

c/ The Ministry of National Defense shall direct the formulation of detailed plans on economic-national defense zones; direct units to formulate detailed plans; assign focal units under its management to coordinate with related agencies and provincial-level People’s Committees in devising the planning tasks for submission to the Minister of National Defense for approval; select planning consultancy organizations, formulate detailed plans and propose the Minister of National Defense to form a council for appraisal and approval of the detailed plans on construction and development of economic-national defense zones;

d/ Provincial-level People’s Committees, ministries and sectors shall coordinate with the Ministry of National Defense in formulating master plans on construction and development of economic-national defense zones in accordance with law.

2. In the realization of objectives and tasks on construction and development of economic-national defense zones

a/ The Prime Minister shall direct the formulation of coordination mechanisms, prioritizing the allocation of resources in target programs and key projects of the State for implementation in economic-national defense zones;

b/ The Ministry of National Defense shall assume the prime responsibility for, and coordinate with ministries, sectors and localities in:

Maintaining national defense and security in strategic geographical areas, and border, sea and island areas, contributing to socio-economic development in project areas; building and consolidating the disposition of defense areas on the mainland and in sea and island areas in association with investment in essential infrastructure facilities and in combination with population distribution, arrangement and stabilization under master plans on regional, territorial and sectoral development and socio-economic development master plans of localities;

Building geographical areas that are strong in terms of national defense, security and socio-economic affairs; to disseminate the Party’s line and policies, the State’s laws and local political tasks to help them properly implement such policies and laws, and prevent and combat disseminating, distorting and inciting expedients of hostile forces.

Participating in population distribution and arrangement according to socio-economic development master plans and long-term national defense and security objectives. Based  on the approved master plans on economic-national defense zones and population distribution and stabilization plans of localities, the Ministry of National Defense shall coordinate with localities in receiving, distributing, arranging and stabilizing the life for, local people and migrants to the localities; organizing and arranging people to work, live and settle in sea areas, islands or offshore archipelagoes of strategic positions; realizing the objectives of associating the maintenance of national defense and security with economic, cultural and social development in localities;

Investing in essential infrastructure facilities in economic-national defense zones on the mainland and in coastal and island areas under the approved master plans; participating in the implementation of target programs and national target programs, and agricultural and industrial extension programs, thus creating a prerequisite for development of the commodity economy and helping people in hunger elimination and sustainable poverty reduction;

Building and consolidating national defense potential based on support for production development, technical instruction and transfer, and end-to-end service model for people; developing the commodity economy and assisting people in freeing themselves from poverty in a sustainable manner; forming appropriate economic models in difficulty-hit sea and island areas; acting as a bridge between the mainland and islands, and organizing on-sea service activities to assist people in protracted on-sea production, thus helping intensify civil activities in strategic sea and island areas;

Participating in activities in order to improve and incrementally raise the cultural, educational, material and spiritual life and caring for the health of people in project areas, creating the all-people national defense posture in the national defense strategy; contributing to the environmental protection and conservation and development of traditional culture;

c/ Ministries, sectors and localities shall incorporate resources, integrate national target programs and other target programs as well as investment projects in areas so as to create conditions for the Ministry of National Defense to perform the tasks of building and developing economic-national defense zones.

3. In the organization, building and development of forces for construction of economic- national defense zones

a/ The Ministry of National Defense shall assume the prime responsibility for organizing the forces for construction of economic-national defense zones, establishing economic-national defense groups and mobilizing other forces to participate in the construction of economic-national defense zones in accordance with law;

b/ Ministries, sectors and localities shall coordinate with the Ministry of National Defense in creating sources and employing human resources participating in socio-economic development activities in localities; and create conditions for the forces building economic-national defense zones to participate in grassroots political systems in localities.

Article 9.Combination in the management of economic-national defense zones

1. The Government shall perform the unified state management of the construction and development of economic-national defense zones.

2. The Ministry of National Defense shall assume the prime responsibility for, and coordinate with related ministries and sectors in, helping the Government perform the state management of the construction and development of economic-national defense zones; guide, urge and inspect the observance of regulations on construction of economic-national defense zones.

3. Provincial-level People’s Committees shall, within the ambit of their respective functions, tasks and powers, coordinate with the Ministry of National Defense as well as related ministries and sectors in performing the state management of the construction and development of economic-national defense zones in their localities.

Article 10.Combination in activities of enterprises serving national defense purposes

1. The Ministry of National Defense shall coordinate with ministries, sectors and localities in organizing, managing, directing and guiding the regimes and policies applicable to enterprises serving national defense; manage the business lines under national defense development strategies, master plans, plans and orientations; build and develop enterprises serving national defense according to orientations and objectives of socio-economic development strategies, master plans and plans; inspect and examine production and business activities; and handle violations committed by enterprises under law.

2. The  Ministry of National Defense shall direct enterprises serving national defense to make full use of potential, including physical foundations and labor, to participate in research and manufacture of dual-use products to meet the needs of the national economy and requirements of the Ministry of National Defense; work out mechanisms to create conditions for national defense-related industrial and technical establishments to participate in research and manufacture of export products, generating revenues for the country.

3. Civil enterprises shall invest in research and development of military technologies and products serving national defense and socio-economic development upon request, creating resources to better serve military and national defense tasks.

4. The Ministry of National Defense shall assign wholly state-owned enterprises or enterprises having the State’s dominant shares or contributed capital with representatives appointed by the Ministry of National Defense to organize the implementation of investment projects related to national defense secrets, national defense-related important tasks, and investment projects in geographical areas with national defense-related key positions in order to satisfy the requirements of the Ministry of National Defense in accordance with law.

Article 11.Combination in activities of army units assigned to perform combined economic and national defense tasks

1. Army units shall, in the course of operation and combat readiness drills, participate in productive labor and economic construction, combining national defense with socio-economic development; make full use of resources and infrastructure facilities involved in production in order to create products, thus helping improve the living conditions for cadres and combatants and build socio-economic infrastructure facilities in areas where they are stationed. The combination of national defense with socio-economic development of army units must comply with the sector-, region- and territory-based structure in conformity with the national strategies for socio- economic development and national defense.

2. Ministries and central sectors shall assume the prime responsibility for, and coordinate with the Ministry of National Defense in, guiding mechanisms and policies and allocating resources for army units that participate in productive labor and economic construction activities.

 

Chapter III

COMBINATION OF SOCIO-ECONOMIC DEVELOPMENT WITH NATIONAL DEFENSE

Article 12.Contents of combination

The combination of socio-economic development with national defense covers the combination in the formulation and participation in appraisal of socio-economic development strategies, master plans, plans and projects of ministries, sectors and localities; the combination in region- and territory-based development; and the combination in major sectors and domains of the economy.

Article 13.Combination in collecting opinions for the formulation of socio-economic development strategies, master plans and projects

1. Agencies responsible for the formulation of national-level master plans, regional master plans, provincial master plans, master plans on urban traffic infrastructure, rural master plans, or master plans on special administrative-economic units shall send written requests to the Ministry of National Defense for opinion.

2. Ministries, sectors and localities shall, when formulating socio-economic development strategies, master plans, plans and projects and national important projects send written requests to the Ministry of National Defense for opinion in accordance with law.

3. Ministries, sectors and localities shall study opinions of the Ministry of National Defense on the combination of national defense with socio-economic development and vice versa; in case of divergence of opinions, they shall send written proposals to the Ministry of National Defense or submit them to competent authorities for consideration and decision.

Article 14.Combination in the appraisal of socio-economic development strategies, master plans and projects related to national defense

1. The Ministry of National Defense shall participate in the councils for appraisal of national-level master plans, regional master plans, provincial master plans, territorial master plans, master plans on special administrative-economic units, urban master plans, and rural master plans related to national defense.

2. The system of national master plans; socio-economic development strategies, plans, national important projects, and projects of ministries, sectors and localities must be associated with the approved master plans on building defense-zone military disposition at different levels.

3. Detailed plans on investment in the construction of civil works, industrial, traffic, and agriculture and rural development works, technical infrastructure works and key facilities must conform to the defense-zone military disposition, be of dual use, and ensure the stand-by service of national defense demands.

4. The decentralization of powers for participation in appraisal of national defense-related socio-economic development strategies, master plans, plans and projects is prescribed as follows:

a/ The Ministry of National Defense shall participate in the appraisal of national-level master plans; national and sectoral socio- economic development strategies and plans; national important projects; and special administrative-economic units related to national defense to be approved or decided by the National Assembly, the Prime Minister, ministries or sectors;

b/ Military zone commands shall participate in the appraisal of regional, provincial, urban or rural master plans; socio-economic development plans and projects; and national defense-related key projects in military zones to be approved by chairpersons of provincial-level People’s Committees;

c/ Hanoi Capital High Command shall participate in the appraisal of socio-economic development plans and projects of urban districts and rural districts of Hanoi; and socio-economic development plans and projects related to national defense to be approved by the chairperson of Hanoi Municipal People’s Committee;

d/ Provincial-level military commands shall participate in the appraisal of district-level socio-economic development plans and projects related to national defense; and national defense-related socio-economic development plans and projects to be approved by chairpersons of provincial-level People’s Committees of provinces, except Hanoi;

dd/ In special cases at the request of competent authorities, military zone commands, Hanoi Capital High Command, or provincial-level military commands may participate in appraising socio-economic development master plans, projects and plans other than those defined at Points b, c and d, Clause 4 of this Article.

Article 15.Combination in major branches or domains

1. Combination in industry, trade and services

a/ Investment in and development of such sectors as mechanical engineering, metallurgy, electricity, new energy, renewable energy, oil and gas, chemicals, industrial explosives, mining industry and mineral processing, consumer goods industry, food industry and other processing industries, trade and domestic market; export and import, border trade, and shipbuilding to meet socio-economic development requirements while serving national defense purposes upon request;

b/ Industrial establishments in peacetime shall, apart from carrying out investment and production activities to meet domestic consumption and export demands, be prepared to manufacture national defense-related commodities and transfer technologies to serve the national defense industry upon request;

c/ Development of diversified trade and service systems, attaching importance to border, mountainous, sea and island regions, in order to facilitate production and business activities and create conditions for people to stabilize their life. The service system of each locality may be transformed into a component of the on-the-spot logistical and technical system upon shift to the state of national defense.

2. Combination in agriculture, forestry and fishery

a/ In agriculture: To efficiently tap land potential and labor forces in order to ensure food security; to diversely develop production and business lines, contributing to building socio-economic potential in peacetime; to get prepared to ensure national defense upon occurrence of new circumstances;

b/ In forestry: To develop forestation, forest zoning and protection; to associate sedentary farming and settlement with building and deploying national defense forces, contributing to the construction of defense areas, and border, coastal and island regions;

c/ In fishery: To develop various forms of on-sea and island services, creating conditions for fishermen to stick to production and livelihood in association with the building of armed forces and defense posture on sea and islands, thus helping protect national sovereignty and sovereign rights as well as national security in the maritime zones and on islands of the Socialist Republic of Vietnam.

3. Combination in transport

a/ To develop road, railway, inland waterway, maritime and air transport systems, ensuring traffic connection among regions, zones, economic centers and strategic transport routes in defense areas to create uninterrupted traffic. To focally build synchronous and modern traffic infrastructure facilities, meeting socio-economic development requirements in peacetime and serving national defense purposes in wartime;

b/ A regional development master plan must have contents on the upgrading of existing ports, canals, ditches, rivers and dikes into inter-regional waterway and road traffic networks for use as a basis for combination of modern vehicles with rudimentary ones, and for service preparedness of national defense upon request, combating separation and division in all circumstances.

4. Combination in information and communications

a/ To build a civil information and communications system in close association with the information and communications systems of armed forces units and national defense and security enterprises; to combine modern and rudimentary means of information and communications in order to provide timely, accurate, confidential, safe and steady information for the work of leading, directing and commanding all forces in all circumstances; to apply cybersecurity and digital information safety solutions for information systems and apply measures against electronic warfare and cyberspace operations;

b/ Ministries, sectors and localities shall intensify the dissemination of contents and forms of combination of national defense with socio-economic development and vice versa in the mass media as well as grassroots information and foreign-service information systems. To struggle against hostile forces on the cultural, information and communications fronts.

5. Combination in construction

a/ The construction and manufacture of dual-use building materials, houses, offices, architecture, urban construction planning, rural construction planning, and urban technical infrastructure shall be closely combined with national defense so as to ensure socio-economic development and serve national defense upon request;

b/ The construction of civil works must be for dual-use purposes, especially construction investment projects in key geographical areas related to national defense; the combination must be carried out from survey, formulation of master plans and plans, collection of opinions, appraisal, and approval of projects; not to build works which infringe upon air traffic or geographical areas of military or national defense value or which affect or obstruct operation plans;

c/ In construction, priority should be given to research, manufacture and development of dual-use materials meeting national defense requirements to serve defense works and battlefield fortifications of the armed forces; to upgrade natural grottos for civil life and national defense purposes upon the occurrence of new circumstances.

6. Combination in investment and economic management

National defense requirements should be included in the formulation of mechanisms and policies on general economic management and in some specific domains, policies on domestic investment, foreign investment in Vietnam and Vietnam’s offshore investment; the construction of economic zones, industrial parks, border-gate economic zones, hi-tech parks and other forms of economic zones; the management of official development assistance (ODA) loans and foreign non-governmental aid; bidding; the establishment and development of enterprises as well as collective economy and cooperatives.

7. Combination in education, and labor, invalids and social affairs

a/ The training and retraining of human resources must meet economic, cultural and social development requirements of localities and ensure service preparedness for national defense purposes, particularly cadres and skilled technical workers in different production and business sectors;

b/ The management of labor force development, employment, occupational safety and health, and vocational training must be associated with policies toward invalids, martyrs, people with meritorious services to the revolution, and social relief.

8. Combination in science and technology

a/ Scientific and technological activities; development of scientific and technological potential; intellectual property; standards, measurement and quality; nuclear energy, nuclear radiation safety, artificial intelligence, and welfare service must be associated with national defense-related sciences and technologies;

b/ Application of achievements of military sciences and technologies as well as national defense industry to serve the national economy and vice versa, ensuring connection to enhance the economic strength and encouraging joint venture and partnership with domestic and foreign organizations, thus boosting economic development and learning international experiences in this field.

9. Combination in medicine: To closely coordinate civil medicine with military medicine in research, application, human resource training, and medical examination and treatment; to build models of civilian-military medicine synergies in different geographical areas, especially deep-lying, remote, border and island regions. At the provincial and district levels, in addition to hospitals in residential clusters, mobile medical teams shall be organized according to operation plans, meeting the requirements of people’s health are in peacetime while being prepared to serve national defense in case of new circumstances.

10. Combination in the management of natural resources and environment: The management and use of land; the exploitation of minerals, water resources and forest resources; the management of natural resources and environment, protection of marine, island and continental shelf sovereignty; hydrometeorological activities, response to climate change, sea level rise and desertification; survey and mapping, remote sensing, and border marker planting; and the remediation of consequences of agent orange/dioxin, unexploded bombs, mines and explosives must meet national defense requirements.

11. Other branches and domains: The formulation and implementation of socio-economic development master plans, plans, strategies and projects must take into account their preparedness to serve national defense upon request; at the same time, plans on evacuation to safe areas shall be worked out to maintain production in any national defense and security circumstances; products of different branches and fields must satisfy not only civil-life demands in peacetime but also national defense requirements in new circumstances.

 

Chapter IV

PLANS ON NATIONAL DEFENSE DEMANDS AND CAPACITY TO COMBINE NATIONAL DEFENSE WITH SOCIO-ECONOMIC DEVELOPMENT AND VICE VERSA IN PEACETIME OR UPON THE APPEARANCE OF THE STATE OF EMERGENCY RELATED TO NATIONAL DEFENSE OR THE STATE OF WAR

Article 16.Plan system, plan period and plan adjustment

1. Plan system

a/ Master plans on national defense demands and capacity to combine national defense and socio-economic development, including plans in peacetime which shall be formulated in accordance with the Law on the State Budget and Law on Public Investment and demands for performance of national defense tasks; and plans upon the appearance of the state of emergency related to national defense or the state of war;

b/ Detailed plans on national defense demands and capacity to combine national defense and socio-economic development in peacetime, or upon the appearance of the state of emergency related to national defense or the state of war, of military zones, provincial-level military commands and Hanoi Capital High Command.

2. Plan period

Plans shall be formulated for 5-years with a vision of between 10 years and 15 years. Plans shall be reviewed, adjusted and supplemented in conformity with national strategies and master plans; important national plans and projects, and socio-economic development projects of ministries, sectors and localities.

3. Plan adjustment

A plan shall be considered for adjustment on an annual basis. The review, adjustment and supplementation of plans must ensure the inheritance of regulations which remain appropriate; only contents which are no longer suitable to practical capacity and demands shall be adjusted.

Article 17.Responsibilities to formulate, adjust and submit plans

1. The Ministry of National Defense shall formulate, adjust and submit to the Prime Minister for approval master plans in conformity with national-level master plans, socio-economic development strategies and plans and national defense strategies in each period.

2. Military zone commands shall formulate, adjust and submit to the Minister of National Defense for approval detailed plans in conformity with regional master plans, provincial master plans, master plans on special administrative-economic units, urban master plans and rural master plans; with provincial- or district- level key socio-economic development plans and projects related to national defense; and provinces’ key sectoral development plans, programs and projects related to national defense.

3. Hanoi Capital High Command shall formulate, adjust and submit to the Minister of National Defense for approval detailed plans in conformity with district-level socio-economic development plans and projects; and sectoral development plans and projects of Hanoi city.

4. Provincial-level military commands shall formulate, adjust and submit to Military Zone Commanders for approval detailed plans in conformity with district-level socio-economic development plans and projects in provinces; and provincial-level sectoral development plans and projects to be approved by chairpersons of provincial-level People’s Committee, except key districts related to national defense.

Article 18.Grounds for formulation and adjustment of plans, plan contents

1. Grounds for plan formulation and adjustment

a/ Strategies, national master plans, national important plans and projects, and socio-economic development projects of ministries, sectors, localities;

b/ Military and national defense tasks in the whole country, regions, territories, branches and domains of ministries, sectors and localities;

c/ Results of surveys on the capacity to combine national defense with socio-economic development in peacetime or upon the appearance of the state of emergency related to national defense or the state of war.

2. Major contents of a plan

a/ Analysis and assessment of the practical state and forecast of national defense demands in peacetime or upon the appearance of the state of emergency related to national defense or the state of war;

b/ Analysis and forecast of socio-economic development trends and scientific and technological advances which directly affect the capacity to combine national defense with socio-economic development in peacetime or upon the appearance of the state of emergency related to national defense or the state of war;

c/ Guidelines, objectives and requirements of the combination of national defense with socio-economic development in peacetime or upon the appearance of the state of emergency related to national defense or the state of war;

d/ Proposal of master schemes to ensure the combination of national defense with socio-economic development in peacetime or upon the appearance of the state of emergency related to national defense or the state of war;

dd/ Identification of specific tasks, priority tasks, and order of task performance to ensure the combination of national defense with socio-economic development in peacetime or upon the appearance of the state of emergency related to national defense or the state of war;

e/ Identification of policies and resources for the achievement of the plan’s objectives; programs and projects requiring development priority to ensure the effective implementation of the plan.

3. Contents of plans shall be detailed to concretize the policies, orientations, contents, tasks, solutions and resources pinpointed in relevant master plans; and be conformable with relevant regional master plans, provincial master plans, urban master plans and rural master plans as well as socio-economic development plans and projects of provincial- and district-level administrative units and special administrative-economic units, border regions, islands and strategic geographical areas.

Article 19.Order and procedures for plan formulation

1. Plan-formulating agencies shall assume the prime responsibility for, and coordinate with related ministries, sectors and localities in, working out plan formulation tasks and reporting them to competent authorities for approval; responsible agencies shall propose directing viewpoints, objectives, orientations, order of priority, solutions and resources for plan formulation and send them to related ministries, sectors and localities.

2. Ministries, sectors and localities shall coordinate with one another in proposing relevant contents to be included in the plans and send them to the agencies responsible for plan formulation; the responsible agencies shall synthesize and finalize the plans and send them to related ministries, sectors and localities for opinion; then study, explain and complete the plans for submission to competent authorities for consideration and decision.

3. A dossier of a plan submitted to a competent authority for approval must comprise a written request for approval of the plan; the draft plan; a draft document deciding on or approving the plan; a report summarizing opinions of ministries, sectors and localities, and relevant documents.

Article 20.Competence to approve plans

1. The Prime Minister shall approve master plans on national defense demands and capacity to combine national defense with socio-economic development in peacetime or upon the appearance of the state of emergency related to national defense or the state of war.

2. The Minister of National Defense shall approve detailed plans on national defense demands and capacity to combine national defense with socio-economic development in peacetime or upon the appearance of the state of emergency related to national defense or the state of war, which are formulated by military zones or Hanoi Capital High Command in conformity with the Prime Minister-approved master plans.

3. Military zone commanders shall approve detailed plans on national defense demands and capacity to combine national defense with socio-economic development in peacetime or upon the appearance of the state of emergency related to national defense or the state of war, which are formulated by provincial-level military commands in conformity with the detailed plans approved by the Minister of National Defense.

 

Chapter V

RESPONSIBILITIES AND POWERS OF AGENCIES AND ORGANIZATIONS IN THE COMBINATION OF NATIONAL DEFENSE WITH SOCIO-ECONOMIC DEVELOPMENT AND VICE VERSA

Article 21.Responsibilities of the Ministry of National Defense

1. To assume the prime responsibility for, and coordinate with related ministries, sectors in, organizing the study and formulation of legal documents on combination of national defense with socio-economic development nationwide, and submit them to competent authorities for promulgation or promulgate them according to its competence.

2. To assume the prime responsibility for, and coordinate with ministries, sectors and the People’s Committees of border provinces and other provinces in, the construction of economic-national defense zones in association with population relocation along the border lines. To prioritize the development of economic-national defense zones in strategic geographical areas and thinly-populated or unpopulated areas. To propose solutions on support in terms of resources and investment capital and submit them to the Government. To coordinate with the Ministry of Finance in formulating financial mechanisms and policies applicable to economic-national defense zones and submit them to the Government for approval.

3. To contribute opinions to ministries, sectors and localities upon the formulation of national defense-related socio-economic development strategies, master plans, plans and projects in defense areas in accordance with this Decree.

4. To coordinate with ministries, sectors and localities in formulating, appraising and implementing national master plans related to national defense; programs and projects on investment and construction of civil, industrial, traffic, and agriculture and rural development works, technical infrastructure facilities and other facilities in order to ensure their dual use and preparedness to serve national defense demands in key geographical areas related to national defense in accordance with this Decree.

Article 22. Responsibilities of ministries and ministerial-level agencies

1. To assume the prime responsibility for, and coordinate with the Ministry of National Defense in, formulating socio-economic development master plans, plans, programs and projects in order to ensure the inclusion of contents of combination of national defense with socio-economic development and vice versa.

2. To coordinate with one another in proposing contents to the Ministry of National Defense in the formulation of plans on national defense demands and capacity to combine national defense with socio-economic development in peacetime or upon the appearance of the state of emergency related to national defense or the state of war.

3. To coordinate with the Ministry of National Defense in organizing and building economic-national defense zones; to organize and manage activities of enterprises serving national defense purposes and army units tasked to participate in socio-economic construction activities in combination with national defense.

Article 23.Responsibilities of provincial- and district-level People’s Committees and special administrative-economic units

1. To be accountable to the Government and the superior People’s Committees for the results of implementation of the Party’s line and policies and the State’s laws on combination of national defense with socio-economic development and vice versa in localities under their respective management.

2. To invite the Ministry of National Defense to appraise local socio-economic development master plans, plans and projects related to national defense as decentralized under Clause 4, Article 14 before submitting them to competent authorities for approval.

3. To coordinate with the Ministry of National Defense and military zone commands in scrutinizing and adjusting local socio-economic development master plans, plans and projects associated with plans on national defense demands and capacity to combine national defense with socio-economic development and vice versa in peacetime or upon the appearance of the state of emergency related to national defense or the state of war.

4. To coordinate with related ministries, sectors and central agencies and organizations in proposing mechanisms, policies and measures for efficient combination of national defense with socio-economic development and vice versa in localities under their respective management.

5. To supervise, examine and inspect activities of socio-economic development investment in their localities; to promptly detect, redress and handle violations of master plans or plans, thus affecting the combination of national defense with socio-economic development and vice versa.

6. To coordinate with the Vietnam Fatherland Front and its member organizations in mobilizing people to abide by the line and policies of the Party and the State regarding combination of national defense with socio-economic development and vice versa.

Article 24.Effect

1. This Decree takes effect on February 10, 2019.

2. This Decree replaces the Prime Minister’s Decision No.13/2012/QD-TTg of February 23, 2012, promulgating the Regulation on combination of socio-economic development with national defense in defense areas.

Article 25.Organization of implementation

1. The Ministry of National Defense shall assume the prime responsibility for, and coordinate with related ministries and sectors in, guiding, monitoring and inspecting the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies, organizations and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

 



[1]Công BáoNos 11-12 (03/01/2019)

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