Decree 40/2022/ND-CP amending Decree providing special investment mechanisms applicable to Da Nang City

DECREE

On amending and supplementing a number of articles of the Government’s Decree No. 144/2016/ND-CP dated November 01, 2016 providing a number of special investment, finance, budget and management decentralization mechanisms applicable to Da Nang City

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Pursuant to the Law on Organization of the Government dated June 19, 2015; 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 the State Budget dated June 25, 2015;

Pursuant to the Law on Public Debt Management dated June 17, 2009;

Pursuant to the Resolution No. 119/2020/QH14 dated June 19, 2020 of the National Assembly on piloting the urban administration model and a number of specific mechanisms and policies for the development of Da Nang City;

At the proposal of the Minister of Finance;

The Government promulgates the Decree on amending and supplementing a number of articles of the Government’s Decree No. 144/2016/ND-CP dated November 01, 2016 providing a number of special investment, finance, budget and management decentralization mechanisms applicable to Da Nang City.
 

Article 1. Amending the title of Article 9 “Urban planning and management of construction investment” to “Urban planning, management of construction investment and investment in industrial clusters” and supplementing a number of clauses:

1. To amend and supplement Clause 2, Article 9 as follows:

“Based on approved master plans, sub-zone plans and urban development programs, the City People’s Committee shall decide urban development area in the city, after collecting the Ministry of Construction’s opinions, and report on implementation results to the Government.

Based on approved master plans, sub-zone plans and urban development programs, the City People’s Committee shall specifically decide areas where the transfer of the land use right is permitted and infrastructure facilities have been built in order that local people can build their own houses under approved projects’ detailed plans, ensuring the compliance with the land law regulations; and annually, it shall summarize and report on the implementation to the Ministry of Construction”.

2. To add Clause 4, Article 9 as follows:

“The City People’s Council may consider and decide to investment in industrial clusters in Da Nang City from the City’s budget in the event that investors in technical infrastructure for the industrial clusters cannot be selected under current regulations. Public non-business organizations that are assigned to act as project owners of construction and business of industrial clusters’ technical infrastructure may lease land from the State for project implementation, or sublease the land after completing the investment in industrial clusters’ infrastructure.

The People’s Committee of Da Nang City is assigned to prescribe the financial mechanism, competence to determine and decide on rental prices and lessees for public non-business units assigned to act as project owners of construction and business of industrial clusters’ technical infrastructure”.

3. To add Clause 5, Article 9 as follows:

“For small and frequent changes in name, location, area (from 5 hectares or less), operation sectors and trades, progress of technical infrastructure investment and other contents related to industrial clusters that do not make changes in objectives, nature, increase in the land use area of the industrial cluster development plan in the approved city master plan or the land fund for the development of industrial clusters approved by competent agencies, the City People’s Committee shall consider, approve such contents and report on the approved contents to the Ministry of Industry and Trade for monitoring, supervising, implementing and updating the changed and adjusted contents in the city master plan to report to the Prime Minister at the period of formulation and approval of city master plan”.

Article 2. Repealing Clause 3, Article 5; Article 8; Clause 3, Article 9 of the Government’s Decree No. 144/2016/ND-CP dated November 01, 2016 providing a number of special investment, finance, budget and management decentralization mechanisms applicable to Da Nang City.

Article 3. Effect

1. This Decree takes effect on August 15, 2022.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of the People’s Council and People’s Committee of Da Nang City shall be responsible for the implementation of this Decree.