Decree No. 61/2003/ND-CP dated June 06, 2003 of the Government prescribing the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment

DECREE

PRESCRIBING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF PLANNING AND INVESTMENT

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to Resolution No. 02/2002/QH11 of August 5, 2002 of the first session of the XIth National Assembly of the Socialist Republic of Vietnam prescribing the list of ministries and ministerial-level agencies of the Government;

Pursuant to the Government’s Decree No. 86/2002/ND-CP of November 5, 2002 defining the functions, tasks, powers and organizational structures of the ministries and ministerial-level agencies;

At the proposals of the Minister of Planning and Investment and the Minister of the Interior,

DECREES:

Article 1.- Position and functions

The Ministry of Planning and Investment is an agency of the Government, which performs the functions of State management over planning and investment, including the provision of general advices on strategies, plannings and plans on national socio-economic development, on mechanism and policies for general economic management and some specific fields, on domestic and foreign investment, industrial parks and export-processing zones, on management of official development assistance source (hereinafter called ODA for short), bidding, enterprises, and business registration throughout the country; performs the State management over public services in the fields under its management as prescribed by law.

Article 2.- Tasks and powers

The Ministry of Planning and Investment shall have to perform the tasks and exercise the powers prescribed in the Government’s Decree No. 86/2002/ND-CP of November 5, 2002 defining the functions, tasks, powers and organizational structures of the ministries and ministerial-level agencies as well as the following specific tasks and powers:

1. To submit to the Government and/or the Prime Minister bills, draft ordinances and other legal documents in the field of planning and investment within the scope of its State management;

2. To submit to the Government and/or the Prime Minister overall strategies, plannings, projects, long-term, five-year and annual plans on national and territorial socio-economic development, the major balances of the national economy, including financial and monetary balances, and capital construction investment capital, which shall serve as basis for the formulation of financial-budgetary plans; to organize the announcement of overall strategies and plannings on national socio-economic development already approved as prescribed;

3. To issue decisions, directives and circulars in the field of planning and investment within the scope of its State management;

4. To direct, guide, inspect and be accountable for the implementation of legal documents; approved strategies, plannings and plans as well as other legal documents, which fall within the scope of its management; to propagate, disseminate and educate the legislation on the fields under its management;

5. On plannings and plans:

a/ To submit to the Government the programs of action for the implementation of socio-economic development plans already adopted by the National Assembly and monitor, synthesize and monthly and quarterly report the implementation of these plans to the Government, to regulate and coordinate in realizing major balances of the national economy. To take responsibility in administering the implementation of plans in some fields assigned by the Government;

b/ To guide the ministries, ministerial-level agencies, agencies attached to the Government and provincial/municipal People’s Committees in formulating plannings and plans compatible with the approved strategies, plannings and plans on national and territorial socio-economic development;

c/ To synthesize development plannings and plans as well as investment capital allocation plans of the ministries, branches, provinces and centrally-run cities; to evaluate branch or territorial development plannings of the ministries, ministerial-level agencies, agencies attached to the Government, provinces and centrally-run cities and submit them to the Prime Minister for approval or approve them according to the Government’s responsibility decentralization;

d/ To synthesize the major balances of the national economy: the accumulation-consumption balance, total payment instruments, international payment balance, State budget, development investment capital and State reserves. To coordinate with the Ministry of Finance in elaborating the State budget estimates.

6. On domestic and foreign investment:

a/ To submit to the Government plannings, plans and lists of domestic investment projects and projects calling for foreign investment capital, and to make adjustment thereof in case of necessity;

b/ To submit to the Government plans on the total investment capital level of the entire society, the total State budget investment level and structures, according to branches and fields, the total level of addition to the State reserves, the total level of State credit support, the total level of the State’s contributed equity capital and joint-venture capital, the total level of loss and price subsidies, addition to working capital, and import/export rewards. To assume the prime responsibility and coordinate with the Ministry of Finance in elaborating plans on allocation of central budget capital for capital construction investment, addition to the State reserves, State credit capital support, the State’s contributed equity capital and joint venture capital, and synthesis of capital for national target programs;

c/ To make general synthesis of domestic and foreign investment; to coordinate with the Ministry of Finance and concerned ministries and branches in inspecting and evaluating the efficiency of capital investment in capital construction works;

d/ To evaluate investment projects under the deciding competence of the Government or the Prime Minister; to license projects according to its competence; to authorize the licensing under the Prime Minister’s regulations; to perform the uniform management over the licensing of foreign investment projects in Vietnam and Vietnam’s investment projects in foreign countries;

e/ To act as the principal body in assisting the Government in managing activities of domestic investment, foreign direct investment in Vietnam and Vietnam’s investment in foreign countries; to organize investment promotion activities and provide guidance on investment procedures;

f/ To guide, monitor, inspect and handle problems arising in the course of formulating and realizing investment projects according to its competence. To evaluate the results and socio-economic efficiency of domestic and foreign investment activities. To act as the principal body in organizing the Prime Minister’s meetings with domestic as well as foreign investors.

7. On ODA management:

a/ To act as a principal body in ODA attraction, coordination and management; to assume the prime responsibility for elaborating strategies and plannings on ODA attraction and use; to guide managing agencies in formulating lists and contents of programs and projects prioritized for ODA mobilization; to sum up and submit list of ODA-funded programs and projects to the Prime Minister for approval;

b/ To assume the prime responsibility in preparing, organizing the mobilization and coordination of, ODA sources in compatibility with the strategies and plannings on ODA attraction and use as well as list of programs and projects prioritized for ODA mobilization;

c/ To prepare contents of, and conduct negotiations, on international framework treaties on ODA; to represent the Government in signing international framework treaties on ODA with donors;

d/ To guide concerned units and organizations to prepare ODA-funded programs and projects; to assume the prime responsibility and coordinate with the Ministry of Finance in determining forms of using ODA capital which shall be allocated or sub-lent by the State budget; to evaluate and submit to the Prime Minister for approval documents of ODA-funded programs and projects falling under the Prime Minister’s approving competence;

e/ To monitor and support the preparation of contents of, and negotiations on, specific international treaties on ODA with donors;

f/ To assume the prime responsibility and coordinate with the Ministry of Finance in synthesizing and elaborating plans on ODA capital disbursement and annual plans on reciprocal capital for ODA-funded programs and projects entitled to allocations from the budget sources; to join the Ministry of Finance in the work of capital disbursement and the mechanism for debt repayment and retrieval of ODA loan capital;

g/ To assume the prime responsibility in monitoring and evaluating ODA-funded programs and projects; to act as the principal body in handling matters concerning many ministries or branches according to its competence or proposing them to the Prime Minister for handling; to sum up and make periodical reports on situation and efficiency of ODA attraction and use.

8. On bidding management:

a/ To submit to the Government and/or the Prime Minister bidding plans and bidding results of projects falling under the competence of the Government or the Prime Minister; to monitor the organization of bidding projects already approved by the Government;

b/ To guide, examine, inspect, supervise and synthesize the implementation of law provisions on bidding; to manage the system of information on bidding.

9. On the State management of industrial parts and export-processing zones:

a/ To submit to the Government plannings and plans on development of industrial parks, export-processing zones and models of similar economic zone throughout the country;

b/ To evaluate and submit to the Prime Minister for approval the general plannings on, and the establishment of, industrial parks and export-processing zones; to guide the realization of approved plannings and plans on development of industrial parks and export-processing zones;

c/ To act as the principal body in guiding, inspecting, synthesizing and reporting the situation on investment in, development and operation of, industrial parks and export-processing zones; to assume the prime responsibility and coordinate with concerned agencies in proposing managerial models and mechanism for industrial parks and export-processing zones.

10. On enterprises and business registration:

a/ To assume the prime responsibility and coordinate with concerned ministries and branches in submitting to the Government and/or the Prime Minister strategies, programs and plans on reorganization, renewal and development of State enterprises; the managerial mechanism and support policies for the reorganization of State enterprises and development of small- and medium-sized enterprises of various economic sectors; to perform the function of State management over domestic investment promotion;

b/ To act as the principal body in appraising schemes on establishment, reorganization and re-structuring of State enterprises as assigned by the Government; to sum up the situation of reorganization, renewal and development of State enterprises as well as the development of enterprises of other economic sectors nationwide. To act as the Standing Body of the Council for Promoting the Development of Small- and Medium-Sized Enterprises;

c/ To perform the uniform State management over the work of business registration; to provide guidance on business registration procedures; to inspect, monitor and sum up the situation of business registration by, and post-registration in, enterprises in various localities; to handle violations and problems in business registration which fall under its competence; to collect, archive and process information on business registration throughout the country.

11. To organize and direct the implementation of plans on scientific research and application of scientific and technological advances in the field of planning and investment within the scope of its management;

12. To undertake international cooperation in the field of planning and investment under its management as prescribed by law;

13. To perform the State management over public services in the field of planning and investment under its management as provided for by law; to manage and direct the operation of non-business organizations under its management;

14. To perform the State management over the operation of associations and non-governmental organizations in the field of planning and investment falling within the scope of its management as prescribed by law;

15. To examine, inspect and settle complaints and denunciations, to combat corruption and negative acts and handle violations of law in the field of planning and investment falling under its competence;

16. To decide on, and direct the implementation of, its administrative reform program according to the objectives and contents of the State’s administrative reform program already approved by the Prime Minister;

17. To manage its organizational apparatus and payroll; to direct the realization of wage policies as well as policies on preferential treatment, commendation, rewards and disciplines towards State officials and employees under its management, to provide professional training and fostering for officials and employees in the domains under its management.

18. To manage its assigned finance and assets, and organize the execution of allocated budget according to law provisions..

Article 3.- The organizational structure of the Ministry

a/ Organizations assisting the Minister in performing the State management functions:

1. The General Department for National Economy;

2. The Department for Local and Territorial Economy;

3. The Finance and Monetary Department;

4. The Department for Industrial Economy;

5. The Department for Agricultural Economy;

6. The Trade and Services Department

7. The Department for Infrastructure and Urban Centers;

8. The Department for Management of Industrial Parks and Export-Processing Zones;

9. The Department for Investment Evaluation and Supervision;

10. The Bidding Management Department;

11. The External Economics Department;

12. The Defense-Security Department;

13. The Legal Department;

14. The Organization and Personnel Department;

15. The Department for Science, Education, Natural Resources and Environment;

16. The Department for Labor, Culture and Social Affairs;

17. The Foreign Investment Department;

18. The Department for Small- and Medium-Sized Enterprise Development;

19. The Inspectorate;

20. The Office.

The Department for External Economy, the General Department for National Economy, the Department for Local and Territorial Economy and the Office shall be allowed to set up their attached sections which shall be decided by the Minister of Planning and Investment after reaching agreement with the Minister of the Interior.

b/ Non-business organizations under the Ministry:

1. The Development Strategy Institute;

2. The Central Institute for Economic Management Studies;

3. The National Center for Socio-Economic Information;

4. The Informatics Center;

5. The Investment newspapers.

6. The Economics and Forecast magazine.

The Minister of Planning and Investment shall propose the functions, tasks, powers and organizational structure of the Development Strategy Institute and the Central Institute for Economic Management Studies to the Prime Minister for decision.

Article 4.- Implementation effect

This Decree takes effect 15 days after its publication in the Official Gazette and replaces the Government’s Decree No. 75/CP of November 1, 1995 on the functions, tasks, powers and organizational apparatus of the Ministry of Planning and Investment and previous regulations contrary to this Decree.

Article 5.- Implementation responsibility

The Minister of Planning and Investment, the ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the provincial/municipal People’s Committees shall have to implement this Decree.