Decree No. 86/2017/ND-CP dated July 25, 2017 of the Government on defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment

DECREE

Defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment[1]

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

Pursuant to the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;

At the proposal of the Minister of Planning and Investment;

The Government promulgates the Decree defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment.

Article 1.Position and functions

The Ministry of Planning and Investment is a governmental agency performing the function of state management of planning, development investment and statistics, covering: provision of advices on national socio-economic development strategies, master plans and plans, and national public investment plans; economic management mechanisms and policies; domestic investment, foreign investment in Vietnam and offshore investment from Vietnam; economic zones; official development assistance (ODA), concessional loans and foreign non-governmental aid; bidding; development of enterprises, collective economy and cooperatives; statistics; and state management of public services in the sectors and fields under its state management as prescribed by law.

Article 2.Tasks and powers

The Ministry of Planning and Investment shall perform the tasks and exercise the powers defined in the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, and the following specific tasks and powers:

1. To submit to the Government draft laws and resolutions of the National Assembly, draft ordinances and resolutions of the Standing Committee of the National Assembly, and draft resolutions and decrees of the Government under the Ministry’s approved annual law-making programs and plans, and projects and schemes as assigned by the Government or Prime Minister.

2. To submit to the Government national strategies and five-year and annual plans on socio-economic development, and macro balances of the national economy; plans on the formulation and revision of macroeconomic management mechanisms and policies; master plans; strategies on mobilization of development investment capital, and medium-term and annual public investment plans; investment policies for national target programs and target programs; and other programs and projects as assigned by the Government.

3. To submit to the Prime Minister draft decisions, directives and other documents.

4. To promulgate circulars, decisions and directives under its state management.

5. To direct, guide, examine and organize the implementation of legal documents, strategies, master plans and plans under its management; to disseminate and educate about the laws concerning the sectors and fields under its management.

6. Regarding strategies, master plans and plans:

a/ To formulate the Government’s action programs to implement socio-economic development plans after they are approved by the National Assembly; to assist the Government in administering the implementation of plans on some sectors and fields as assigned by the Government or Prime Minister;

b/ To formulate overall strategies on national socio-economic development; to summarize development master plans and plans of ministries, sectors and provinces and centrally run cities and overall master plans for regional and territorial development; to give opinions upon request on master plans to be approved by ministries, sectors and provincial-level People’s Committees;

c/ To publicize socio-economic development strategies and plans and overall master plans for regional and territorial development after they are approved; to guide ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees in formulating master plans and five-year and annual plans which combine socio-economic development with national defense and security maintenance in conformity with approved national and regional or territorial socio-economic development strategies, master plans and plans;

d/ To summarize major balances of the national economy, including savings-consumption balances; financial and monetary balances; borrowing and repayment of foreign loans; state budget; and development investment capital for the entire society; to propose solutions for firmly maintaining balances according to strategic and planned targets to achieve the targets of socio-economic development plans;

dd/ To guide ministries, sectors and localities in monitoring and assessing the implementation of their plans; to monitor, assess and report on the implementation of socio-economic development plans on a monthly, quarterly and annual basis.

7. Regarding development investment and allocation of state budget funds:

a/ To summarize development investment issues. To formulate medium-term and annual public investment plans; a list of programs and projects prioritized for foreign investment, ODA and concessional loans; lists of national target programs, target programs and important national projects; and lists of projects using state budget funds and other public investment funds in accordance with law;

b/ To set the total and structure of development investment capital for the entire society; the total and balances of public investment funds for sectors, fields and programs; and the total funds for national target programs and target programs;

To assume the prime responsibility for, and coordinate with the Ministry of Finance in, summarizing medium-term and annual public investment plans; to formulate options on detailed fund allocations for medium-term and annual public investment plans for ministries, central sectors and localities and investment capital from state credit; to submit to the Prime Minister for decision the use of the central budget contingency and transfers in a year to perform development investment tasks;

To coordinate with the Ministry of Finance in formulating plans for the use of increased revenues and saved expenditures of the central budget, including the allocation of funds for important investment projects (if any);

To summarize detailed allocations for medium-term and annual state budget fund plans for each national target program (including investment capital and non-business capital) and target programs, and other targeted budget transfers;

To report on the implementation of medium-term and annual public investment plans, national target programs, target programs and investment projects the investment in which is decided by the Prime Minister.

c/ To assume the prime responsibility for, and coordinate with the Ministry of Finance, related ministries and sectors and localities in, setting principles, criteria and quotas for development investment fund allocations; to supervise, and evaluate the efficiency of, the use of public investment capital and development investment capital from the state budget;

d/ To act as the standing member of the State Appraisal Council for National Target Programs and Important National Projects; to appraise target programs and other projects as assigned by the Prime Minister; to appraise other investment projects under the investment law.

8. Regarding domestic investment, foreign investment in Vietnam and offshore investment from Vietnam:

a/ To manage domestic investment, foreign direct investment in Vietnam and offshore investment from Vietnam;  and investment in the form of public-private partnership (PPP); to implement investment promotion activities and guide investment procedures;

b/ To carry out procedures forthe grant, modification and invalidation of offshore investment registration certificates and the grant of PPP investment registration certificates;

c/ To build, manage and exploit, and guide the use of, the national information system and database on investment;

d/ To examine, supervise and generally assess public investment activities.

9. Regarding ODA and concessional loan management:

a/ To act as the focal point in raising,coordinating, and performing the state management of, ODA, concessional loans and foreign non-governmental aid; to assume the prime responsibility for formulating strategies, policies and orientations for the attraction and use of ODA and concessional loans;

b/ To assume the prime responsibility for preparing contents and organizing the raising and coordination of ODA sources and concessional loans; to submit to the Government the conclusion of framework treaties on ODA and concessional loans and specific treaties on non-refundable ODA in accordance with law; to submit to the Prime Minister the conclusion of international agreements on non-refundable ODA according to its competence;

c/ To summarize, and submit to competent authorities for decision, investment policies for ODA- or concessional loan-funded programs and projects; to coordinate with the Ministry of Finance in determining domestic financial mechanisms applicable to ODA- or concessional loan-funded programs and projects;

d/ To assume the prime responsibility for, and coordinate with the Ministry of Finance in, summarizing and formulating plans on the use of ODA and 5-year medium-term and annual concessional loans; to balance and allocate annual counterpart funds from the state budget to prepare and implement ODA- or concessional loan-funded development investment programs and projects eligible for central budget allocations;

dd/ To supervise and assess ODA- or concessional loan-funded programs and projects in accordance with law; to handle inter-ministerial or -sector matters according to its competence or propose them to the Prime Minister for handling.

10. Regarding bidding management:

a/ To appraise plans on the selection of contractors and investors and plans on the selection of contractors and investors in special cases to be decided by the Prime Minister in accordance with the bidding law;

b/ To guide, inspect and examine the implementation of the bidding law; to build the information systems on bidding and online bidding.

11. Regarding management of economic zones:

a/ To formulate, and examine the implementation of, plans on overall development of economic zones nationwide (including industrial parks, export processing zones, border-gate economic zones and economic zones of other forms);

b/ To appraise plans on the development of economic zones and the establishment of economic zones in localities; to coordinate with related ministries and sectors and provincial-level People’s Committees in guiding the implementation of plans on the development of economic zones after they are approved;

c/ To guide, examine and summarize, and report on, the development investment in, and operation of, economic zones; to assume the prime responsibility for, and coordinate with related agencies in, proposing management models and mechanisms and development policies for economic zones and special administrative-economic units.

12. Regarding enterprise registration and development:

a/ To assume the prime responsibility for, and coordinate with related ministries and sectors in, formulating strategies, programs and plans to reorganize, renew and develop state enterprises, and mechanisms for the management and reorganization of state enterprises and development of small- and medium-sized enterprises of various economic sectors;

b/ To participate in the appraisal of schemes on the establishment, reorganization and restructuring of state enterprises; to summarize the reorganization, renewal and development of state enterprises and the development of enterprises of other economic sectors nationwide;

c/ To manage enterprise registration and business household registration; to guide procedures for enterprise registration and business household registration; to examine, monitor and summarize enterprise registration, online enterprise registration and post-registration activities nationwide; to manage and exploit the national database on enterprise and business household registration.

13. Regarding collective economy and cooperatives:

a/ To formulate strategies, programs and plans on development of the collective economy and cooperatives; to guide, examine, urge and summarize the implementation of programs and plans on development of the collective economy and cooperatives;

b/ To develop management mechanisms and support policies for the development of the collective economy and cooperatives;

c/ To manage the registration of cooperatives and cooperative alliances; to guide registration procedures; to inspect, monitor and summarize the registration and post-registration activities of cooperatives and cooperative alliances nationwide.

14. Regarding statistics:

a/ To formulate, and organize the implementation of, strategies, master plans, plans, policies on statistics development; to coordinate and organize statistical activities and provide statistical information in accordance with law;

b/ To develop and uniformly manage national, provincial- and district-level statistical information systems; to coordinate the connection and provision of data and information among state statistical information systems; to set criteria for, and assess the quality of, statistical information in state statistical activities;

c/ To establish the system of statistical indicators; to formulate the statistical reporting regime, and statistical survey and classification programs in accordance with law.

15. To organize and direct the implementation of plans on scientific research and application of scientific and technological advances and information technology in the fields under its management.

16. To conduct international cooperation in the fields under its management in accordance with law.

17. To perform the state management of public services in the fields under its management in accordance with law; to manage and direct the operation of public non-business units attached to the Ministry.

18. To manage the operation of associations and non-governmental organizations in the fields under its management in accordance with law.

19. To inspect, examine, settle complaints and denunciations, prevent and fight corruption and negative phenmena and handle violations in the fields under its management in accordance with law.

20. To decide on and direct the implementation of the administrative reform program of the Ministry in line with the objectives and contents of the state administrative reform program after it is approved by the Prime Minister.

21. To manage organizational apparatus and payroll; to implement the wage regime as well as other regimes and policies of preferential treatment, commendation and disciplining toward cadres, civil servants and public employees under its management in accordance with law.

22. To manage its allocated finance and assets, and organize the implementation of its allocated budget funds in accordance with law.

23. To perform other tasks and exercise other powers assigned by the Government or Prime Minister and as prescribed by law.

Article 3.Organizational structure

1. The Department of National Economic Issues.

2. The Department of Local and Territorial Economy.

3. The Department of Financial and Monetary Service.

4. The Department of Industrial Economy.

5. The Department of Agricultural Economy.

6. The Department of Service Economy.

7. The Department of Infrastructure and Urban Centers.

8. The Department of Economic Zones Management.

9. The Department of Investment Supervision and Appraisal.

10. The Foreign Economic Relations Department.

11. The Department of Labor, Culture and Social Affairs.

12. The Department of Science, Education, Natural Resources and Environment.

13. The Planning Management Department.

14. The Department of National Defense and Security.

15. The Legal Affairs Department.

16. The Organization and Personnel Department.

17. The Emulation-Commendation and Communications Department.

18. The Office.

19. The Inspectorate.

20. The Public Procurement Agency.

21. The Enterprise Development Agency.

22. The Foreign Investment Agency.

23. The Agency for Business Registration.

24. The Agency for Cooperatives Development.

25. The General Statistics Office.

26. The Vietnam Institute for Development Strategies.

27. The Central Institute for Economic Management.

28. The National Center for Socio-Economic Information and Forecast.

29. The Informatics Center.

30. The Vietnam Investment Review.

31. The Economics and Forecast Magazine.

32. The Academy of Policy and Development.

33. The Economic-Planning Cadre Training Center.

The units referred to in Clauses 1 thru 25 of this Article are those assisting the Minister in performing the state management function; and the units referred to in Clauses 26 thru 33 of this Article are non-business units serving the Ministry’s state management function.

The Office may have 10 divisions; the Inspectorate, 7; the Foreign Economic Relations Department, 7; the Department of National Economic Issues, 5; and the Department of Local and Territorial Economy, 7.

The Public Procurement Agency may have 5 divisions; the Agency of Enterprise Development, 7; the Agency for Business Registration, 5; the Foreign Investment Agency, 6; and the Agency for Cooperatives Development, 4.

The Minister of Planning and Investment shall submit to the Prime Minister for promulgation decisions defining the functions, tasks, powers and organizational structures of the General Statistics Office, the Vietnam Institute for Development Strategies, the Central Institute for Economic Management and the National Center for Socio-Economic Information and Forecast; and a list of other public non-business units attached to the Ministry.

The Minister of Planning and Investment shall define the functions, tasks, powers and organizational structures of the units attached to the Ministry, except the General Statistics Office, the Vietnam Institute for Development Strategies, the Central Institute for Economic Management and the National Center for Socio-Economic Information and Forecast.

Article 4.Effect

This Decree takes effect on the date of its signing, and replaces the Government’s Decree No. 116/2008/ND-CP of November 14, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment.

Article 5.Implementation responsibility

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

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC