Decree 89/2022/ND-CP 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; 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 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 (below referred to as Decree No. 123/2016/ND-CP); and the Government’s Decree No. 101/2020/ND-CP of August 28, 2020, amending and supplementing a number of articles of 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 (below referred to as Decree No. 101/2020/ND-CP);

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 socio-economic development strategies, master plans, plans, development investment and statistics, covering: provision of advices on general affairs regarding socio-economic development strategies and plans; master plans; 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 non-refundable aid not treated as ODA, and Vietnam’s aid provided to other countries; bidding; statistics; development of enterprises, collective economy and cooperative economy; and state management of public services in the sectors and fields falling under the Ministry’s state management in accordance with law.

 Article 2. Tasks and powers

The Ministry of Planning and Investment shall perform the tasks and exercise the powers defined in Decree No. 123/2016/ND-CP and Decree No. 101/2020/ND-CP, and the following specific tasks and powers:

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

2. To submit to the Government the country’s 5-year and annual socio-economic development plans, and major macro balances of the national economy; strategies and plans on mobilization and use of development resources; plans on the formulation and revision of macroeconomic management mechanisms and policies; national overall master plans; medium-term and annual public investment plans; investment policy for national target programs and public investment programs; and other programs and projects as assigned by the Government.

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

4. To promulgate circulars, decisions and directives falling under the Ministry’s state management.

5. To direct, guide, inspect and organize the implementation of legal documents, strategies, master plans and plans falling under the Ministry’s management; to carry out public communication and education about laws concerning the sectors and fields falling under the Ministry’s management.

6. Regarding master plans; social-economic development strategies and plans:

a/ To formulate the Government’s action programs to implement 5-year socio-economic development plans after they are approved by the National Assembly; to advise the Government and Prime Minister on general socio-economic mechanisms and policies and coordination in macroeconomic management and administration; 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 the country’s socio-economic development strategies and 5-year and annual socio-economic development plans; national overall master plans and regional master plans; and plans on implementation and publicization of national overall master plans and regional master plans after they are approved;

c/ To synthesize major macro balances of the national economy; to propose solutions for firmly maintaining balances according to strategic objectives and plans to achieve the goals of socio-economic development plans;

d/ To guide ministries, sectors and localities in monitoring and evaluating the implementation of their plans; to monitor, evaluate, and report on, the implementation of the country’s socio-economic development plans on a monthly, quarterly, annual, mid-term and 5-year basis;

dd/ To assume the prime responsibility for appraising provincial master plan formulation tasks and provincial master plans; to submit to the Prime Minister the establishment of the Appraisal Council for National Overall Master Plans and Regional Master Plans;

e/ To guide ministries, ministerial-level agencies and provincial-level People’s Committees in formulating, and organizing the implementation of, master plans.

7. To provide advices on general affairs regarding mechanisms and policies to mobilize and use development resources for implementation of socio-economic development strategies and plans, types and methods of development investment and development of economic sectors, economic restructuring associated with growth model renewal, and coordination in regional and inter-regional development.

8. Regarding development investment:

a/ To assume the prime responsibility for, and coordinate with the Ministry of Finance in, synthesizing general affairs on development investment. To formulate medium-term and annual public investment plans; to summarize lists of national target programs, public investment programs, important national projects, and tasks and projects funded by the central budget and included in medium-term public investment plans;

 b/ To set the total and structure of development investment capital for the entire society; to assume the prime responsibility for, and coordinate with the Ministry of Finance in, reporting to the Government the determination of state budget funds for development investment of the country by sector and field in medium-term and annual public investment plans; to summarize the total funds for national target programs, public investment programs, important national projects, and large-scale and inter-regional key projects with spillover effects promoting the socio-economic development of regions and localities;

c/ To assume the prime responsibility for, and coordinate with the Ministry of Finance in, summarizing and submitting to the Government or Prime Minister the country’s medium-term and annual public investment plans; to submit to the Prime Minister for decision the use of the annual central budget contingencies and addition of public investment capital in a year to perform development investment tasks in accordance with law;

d/ To coordinate with the Ministry of Finance in formulating plans for the use of increased revenues and saved expenditures of the central budget, including also the allocation of funds for investment in important projects;

 dd/ To summarize detailed medium-term and annual plans on allocation of state budget funds for each national target program and public investment programs;

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

g/ 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 the allocation of public investment capital from the state budget; to set principles and criteria for allocation of funds for large-scale and inter-regional key projects creating a driving force for socio-economic development of the country and regions; to supervise, and evaluate the efficiency of, the use of public investment capital and development investment capital from the state budget;

h/ To act as the standing member of the State Appraisal Council for National Target Programs and National Important Projects; to act as the standing member of the Interdisciplinary Appraisal Council for Investment Projects in the Form of Public-Private Partnership subject to investment policy decision by the Prime Minister; to appraise investment policy for programs and projects subject to investment policy decision or approval by the Prime Minister in accordance with the Law on Public Investment and the Law on Investment.

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

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

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

c/ To inspect, supervise, and carry out overall evaluation of, investment activities;

d/ To guide the implementation of the regime on handling, updating of information and reporting on investors’ problems and recommendations related to the application and enforcement of law in the course of carrying out business investment activities.

10. Regarding management of ODA, concessional loans, non-refundable aid not treated as ODA and Vietnam’s aid provided to other countries:

a/ To act as the focal point in performing the state management of ODA, concessional loans, non-refundable aid not treated as ODA and Vietnam’s aid provided to other countries; to assume the prime responsibility for formulating drafts of 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 of ODA, concessional loans, non-refundable aid not treated as ODA and Vietnam’s aid provided to other countries; to submit to the Government the conclusion of framework treaties and specific treaties on non-refundable ODA in accordance with law; to submit to the Prime Minister the conclusion of agreements on non-refundable ODA according to its competence;

c/ To summarize, and submit to competent authorities for decision, investment proposals and policies for programs and projects to be funded with ODA, concessional loans, non-refundable aid not treated as ODA or Vietnam’s aid provided to other countries in accordance with law; to coordinate with the Ministry of Finance in determining domestic financial mechanisms applicable to programs and projects to be funded with ODA, concessional loans, non-refundable aid not treated as ODA or Vietnam’s aid provided to other countries;

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

dd/ To monitor and evaluate programs and projects funded with ODA, concessional loans, non-refundable aid not treated as ODA or Vietnam’s aid provided to other countries in accordance with law; to handle according to the Ministry’s competence or propose the Prime Minister to handle arising matters related to multiple ministries or sectors.

11. 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 subject to the Prime Minister’s decision in accordance with the bidding law;

b/ To guide, monitor, supervise, inspect and examine the implementation of the bidding law; to enter into international cooperation on bidding.

12. Regarding management of economic zones:

a/ To act as the focal point in performing the state management of economic zones, including: industrial parks, export processing zones, coastal economic zones, border-gate economic zones, special economic zones and economic zones of other forms nationwide;

b/ To propose models, mechanisms and policies on economic zone development;

c/ To organize the appraisal of requests for the establishment, and expansion and adjustment of boundaries, of economic zones; to appraise investment policy for investment projects on construction and commercial operation of infrastructure facilities of industrial parks and export processing zones falling within the Ministry’s competence.

13. Regarding enterprise development, business registration and business household registration:

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 enterprises of various economic sectors. To formulate policies on improvement of the business investment environment;

b/ To assume the prime responsibility for, and coordinate with the Ministry of Finance and related agencies in, monitoring and summarizing information on the reorganization, renewal and development of state enterprises nationwide;

c/ To manage the registration of enterprises, cooperative economic organizations and business households; to guide procedures for registration for enterprises, cooperative economic organizations and business households; to inspect, monitor and summarize enterprise registration, online enterprise registration and post-registration activities nationwide;

d/ To formulate mechanisms and policies to support the development of business households; to guide, inspect, urge and summarize the implementation of mechanisms and policies to support the development of business households;

dd/ To support innovation and startup activities; to renew the growth model on the basis of science and technology development within the scope of the Ministry’s state management in accordance with law.

14. Regarding collective economy and cooperative economy:

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

b/ To formulate management mechanisms and support policies for the development of the collective economy and cooperative economy.

15. Regarding statistics:   

a/ To formulate, and organize the implementation of, strategies, plans and policies on statistical 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 standards for, and evaluate the quality of, statistical information in state statistical activities;

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

16. To organize and direct the implementation of plans on scientific research and application of scientific and technological advances in the fields falling under the Ministry’s management.

17. To manage and organize the application of information technology and digital transformation in the sectors and fields falling under the Ministry’s state management. To build, manage, operate, and ensure information security of, information systems and databases; to publicize and provide information and data in the sectors and fields falling under the Ministry’s state management in accordance with law.

18. To enter into international cooperation in the fields falling under the Ministry’s management in accordance with law.

19. To perform the state management of public services in the fields falling under the Ministry’s management in accordance with law; to manage and direct the operation of public non-business units attached to the Ministry; to manage the Small and Medium Enterprise Development Fund.

20. To manage the operation of associations and non-governmental organizations in the fields falling under the Ministry’s management in accordance with law.

21. To carry out inspection and examination and settle complaints and denunciations; to prevent and fight corruption; to carry out thrift practice and waste combat in the use of allocated assets and funds; to inspect and monitor the situation of law enforcement in accordance with law; to handle according to its competence or propose competent authorities to handle violations falling under the Ministry’s competence in accordance with law.

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

23. To manage its organizational apparatus and payroll of civil servants; working positions and structure of public employees according to professional titles and number of employees in public non-business units; to decide on the rotation, transfer, appointment, relief from duty, dismissal, resignation from office, commendation and disciplining of personnel; to implement the wage regime as well as other regimes and policies; to organize training and further training for cadres, civil servants, public employees and workers falling under the Ministry’s state management in accordance with law.

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

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

Article 3. Organizational structure

1. The Department of National Economic Issues.

2. The Department of Local and Territorial Economy.

3. The Financial and Monetary Department.

4. The Department of Industry and Service Economy.

5. The Department of Agricultural Economy.

6. The Department of Infrastructure and Urban Development.

7. The Department of Economic Zones Management.

8. The Department of Investment Supervision and Appraisal.

9. The Foreign Economic Relations Department.

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

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

12. The Department of Planning Management.

13. The Department of National Defense and Security.

14. The Department of Legislation.

15. The Department of Organization and Personnel.

16. The Ministry Office.

17. The Ministry Inspectorate.

18. The Public Procurement Agency.

19. The Enterprise Development Agency.

20. The Foreign Investment Agency.

21. The Business Registration Management Agency.

22. The Cooperative Economy Agency.

23. The General Statistics Office of Vietnam.

24. The Vietnam Institute for Development Strategies.

25. The Central Institute for Economic Management.

26. The Center for Information Technology and Digital Transformation.

27. The Vietnam Investment Review.

28. The Academy of Policy and Development.

The organizations referred to in Clauses 1 thru 23 of this Article are those assisting the Minister in performing the state management function; and the organizations referred to in Clauses 24 thru 28 of this Article are non-business units serving the Ministry’s state management function.

The Department of National Economic Issues may organize 3 divisions; the Department of Local and Territorial Economy, 4 divisions; and the Foreign Economic Relations Department, 5 divisions.

The Minister of Planning and Investment shall propose the Prime Minister to define the functions, tasks, powers and organizational structure of the General Statistics Office of Vietnam; and submit to the Prime Minister for promulgation a list of 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 organizations attached to the Ministry, except the General Statistics Office of Vietnam.

Article 4. Transitional provision

The National Center for Socio-Economic Information and Forecast, the Economic-Planning Cadre Training Center, and the Economy and Forecast Review may continue to operate under current regulations until the competent agency completes their merger under regulations.

Article 5. Effect

1. This Decree takes effect on November 1, 2022.

2. This Decree replaces the Government’s Decree No. 86/2017/ND-CP of July 25, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment.

Article 6. 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
For the Prime Minister
Deputy Prime Minister
PHAM BINH MINH