Decree 91/2021/ND-CP prescribing the mechanism on coordination among provinces and cities in the Metropolitan Area in implementing the law on the capital

DECREE

Prescribing the mechanism on coordination among provinces and cities in the Metropolitan Area in implementing the law on the capital^[1]

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

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

Pursuant to 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 November 21, 2012 Law on the Capital;

Pursuant to the June 13, 2019 Law on Public Investment;

Pursuant to the November 24, 2017 Planning Law;

At the proposal of the Minister of Planning and Investment;

The Government promulgates the Decree prescribing the mechanism on coordination among provinces and cities in the Metropolitan Area in implementing the law on the capital.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree prescribes the mechanism on coordination among provinces and cities in the Metropolitan Area, responsibilities of ministries, sectors, agencies and organizations for coordination in implementing provisions of the law on the capital; and mechanisms and policies on prioritizing regional and inter-regional key programs and projects of the Metropolitan Area.  

2. The Metropolitan Area embraces the provinces and cities of Hanoi, Hai Duong, Hung Yen, Vinh Phuc, Bac Ninh, Ha Nam, Hoa Binh, Phu Tho, Bac Giang, and Thai Nguyen.

Article 2. Subjects of application

This Decree applies to agencies, organizations, and individuals involved in coordination activities in implementing the law on the capital in provinces and cities in the Metropolitan Area.

Article 3. Interpretation of terms

Regional and inter-regional key programs and projects of the Metropolitan Area (below referred to as the Metropolitan Area’s key programs and projects) are works and projects for the purpose of socio-economic development that are located in two or more provinces or cities, or are located in a province or city but have impacts on at least another province or city in the Metropolitan Area.

Chapter II

PRINCIPLES, CONTENTS, AND MAJOR FIELDS OF COORDINATION

Article 4. Principles of coordination

1. The coordination must abide by the Constitution, provisions of the Law on the Capital, and relevant laws regarding mechanisms and policies on socio-economic development, and assurance of national defense and security in the Metropolitan Area.

2. The coordination must adhere to the principles of consensus, equality, publicity, and transparency in accordance with law.

3. The coordination must be implemented via plans, programs, and projects approved by competent agencies.

4. The duty of assuming the prime responsibility for organization of coordination activities shall be assigned to ministries, sectors and localities that have related functions, tasks and powers, or are most impacted by the fields or tasks requiring coordination.

5. For issues on which opinions remain divergent or which fall beyond the competence of ministries, sectors and localities in the Metropolitan Area, based on the proposal of the Metropolitan Area’s Coordination Council, the Chairperson of the Council shall report to competent authorities for consideration and decision in accordance with current law.

Article 5. Major fields of coordination

Coordination will be implemented in all economic and social fields with priority given to the following major fields:

1. Construction planning.

2. Health, education and training development.

3. Science and technology development.

4. Environmental management and protection, natural disaster prevention and control, and adaptation to climate change. 

5. Land management.

6. Population management and housing development and management.

7. Development of technical infrastructure systems.

8. Development and management of transport systems.

9. Conservation and development activities in the fields of culture, history and tourism.

Article 6. Formulation and organization of the implementation of master plans

1. The formulation and organization of the implementation of regional master plans, national sectoral master plans, provincial master plans and other relevant master plans in the Metropolitan Area must be conducted in a coordinated manner so as to ensure the consistency and synchronism, in which major fields requiring coordination  include: connection of transport systems; information and communications infrastructure; clean water supply systems and use of water sources; treatment of wastewater and disposal of solid waste and hazardous waste; management of air quality; tourist sites; development of human resources; development of higher education and vocational education institutions; science research institutions; hospitals and handing of environmental pollution.

2. The coordination in the process of formulation of regional master plans, national sectoral master plans, provincial master plans, and other relevant master plans in the Metropolitan Area must comply with the planning law and current regulations to ensure the consistency, synchronism and hierarchy, focusing on contents related to the fields specified in Article 5 of this Decree.

3. Coordination in the process of implementation of master plans: After a master plan is approved by a competent authority, the agency or locality managing the master plan shall announce and publicize the master plan, and then carry out  investment promotion activities to attract the participation of domestic and foreign investors and economic sectors. Ministries, sectors and localities shall, based on their assigned tasks, implement, and coordinate with one another in supervising and examining the implementation of the master plan.

Article 7. Development investment

1. Based on the approved master plans of regions, provinces and cities in the Metropolitan Area, the Metropolitan Area’s Coordination Council shall direct and coordinate with ministries and sectors, and provinces and cities of the Metropolitan Area in organizing investment promotion conferences to mobilize capital from the sources of foreign direct investment (FDI), official development assistance (ODA), and concessional loans of foreign donors and funding sources of domestic economic sectors to implement investment programs and projects in the Metropolitan Area.

2. Major fields of coordination in development investment include: treatment of wastewater and disposal of solid waste and hazardous waste; control of air quality; hydrometeorology; construction of a system of transport routes for regional connection, expressways, and airports; information and communications infrastructure; development of hi-tech parks, industrial parks, and export-processing zones; infrastructure facilities in national tourism zones; construction and development of science research institutions and high-quality training institutions; database systems; development of high-quality health centers, and regional health centers and culture and sports centers.

The construction of pollution treatment and environmental protection works and projects must conform to master plans and ensure the interests of people in adjacent localities as well as synchronism with relevant projects.

3. For the Metropolitan Area’s key investment projects which have been included in national sectoral master plans or regional master plans, related ministries and sectors, and localities in the Metropolitan Area shall coordinate with one another in organizing investment promotion activities, and mobilizing resources from economic sectors for implementation in accordance with relevant laws.

4. For the Metropolitan Area’s key investment projects which have not yet been included in national sectoral master plans and regional master plans, related ministries and sectors, and localities in the Metropolitan Area shall, within the ambit of their assigned functions and tasks, coordinate with agencies managing such projects in carrying out procedures for adjusting and adding such projects to relevant master plans in accordance with the planning law after consulting the Metropolitan Area’s Coordination Council.

Article 8. Training and employment of laborers

1. To coordinate with one another in investment in and development of higher education institutions and vocational education institutions and in training of human resources for localities in the Metropolitan Area in order to promote advantages of training institutions and raise the quality of human resources.

2. To coordinate with one another in employment of laborers, laborers shifting careers as a result of repurposing agricultural land, and workers in economic zones, industrial parks and export processing zones. To set orientations for, guide, and coordinate with one another in job placement and arrangement, and handling of labor-related disputes when necessary.

3. To coordinate with one another in construction and arrangement of houses and essential works for workers in industrial parks, economic zones and export processing zones; and in solving social problems, and problems related to social order security and safety.

Article 9. Formulation of mechanisms and policies

1. Ministries and sectors shall review, study and formulate for submitting to competent agencies for promulgation, or promulgating according to their competence, legal documents or amendments and supplementations to current regulations on mechanisms and policies on incentives and supports and mobilization of investment capital for application in the Metropolitan Area:

a/ Support from the central budget to local budgets; mechanisms on formulation of local budget estimates in a public and transparent manner in conformity with development requirements of provinces and cities in the coming period;

b/ Financial mechanisms on supports for development of industrial parks for supporting industries in the fields of electricity, electronics, and information technology; hi-tech parks and hi-tech products; infrastructure facilities in national tourism sites; development of hi-tech agricultural zones, and science and technology research in direct service of production;

c/ Support for occupational training at high levels and policies on attraction of talented people.

2. Apart from policies applied commonly to the whole Metropolitan Area, localities shall, within the ambit of their functions and tasks, specify policies which are suitable to their particular conditions but must not contravene current regulations and policies of the Metropolitan Area. When there are changes in mechanisms and policies, ministries, sectors, and localities shall report to the Metropolitan Area’s Coordination Council and notify other localities in the Metropolitan Area for coordination in the implementation thereof.

3. In order to settle urgent requirements falling beyond their competence and capacity, provinces and cities in the Metropolitan Area may, via the Metropolitan Area’s Coordination Council, report thereon to the Prime Minister, Government, and National Assembly for consideration and decision.

Article 10. Information databases and systems of the Metropolitan Area

1. Related ministries and sectors, and provinces and cities of the Metropolitan Area shall provide information on fields and contents of coordination to the Metropolitan Area’s Coordination Council. To-be-provided information includes issued mechanisms and policies, market forecasts, inter-regional projects, products applying science and technology research outcomes, and the situation of implementation of 5-year and annual socio-economic indicators.

2. The Metropolitan Area’s Coordination Council shall direct the formulation of databases of, and intensify information sharing among localities in the Metropolitan Area, between localities and ministries, sectors and the Metropolitan Area’s Coordination Council so as to ensure that all arising problems are promptly and properly settled. Related ministries, sectors, agencies and localities shall provide information in an adequate, accurate and prompt manner to the Metropolitan Area’s Coordination Council for general direction.

Chapter III

POLICIES ON PRIORITIES FOR INVESTMENT IN KEY PROGRAMS AND PROJECTS AND ORGANIZATION OF COORDINATION IN THE METROPOLITAN AREA

Article 11. Key programs and projects

1. The Metropolitan Area’s key programs and projects are large-scale works and projects playing the role of creating a driving force and spillover effects and connecting socio-economic development for the Metropolitan Area as well as provinces and cities in the Metropolitan Area in the following fields:

a/ Technical infrastructure: projects on construction of radial expressways and ring roads; internal railways and national railways; upgrading of international airports; inter-provincial hydraulic-work and flood control projects; development of technical infrastructure of hi-tech parks; building and upgrading of inter-provincial water plants; solid waste and wastewater treatment projects; air quality monitoring stations; and key transport projects of localities in the Metropolitan Area;

b/ Social infrastructure: regional-level health, education-training and vocational education institutions in some localities in the Metropolitan Area;

c/ Trade-services, science and technology, tourism, culture and sports: projects associated with economic corridors, expressways and ring roads;

d/ Agricultural and rural economic development: regional-level agricultural support centers, and specialized production areas and large-scale material production areas.

2. Based on the fields specified in Clause 1 of this Article, the Prime Minister shall promulgate a list of the Metropolitan Area’s key programs and projects in each period which shall be used as a basis for mobilizing investment resources for implementation.

Article 12. Policies on priorities in mobilization of investment capital

1. The central budget shall provide partial support for provinces and cities to carry out ground clearance compensation and resettlement work for the Metropolitan Area’s key works and projects.

2. To prioritize the mobilization of ODA and concessional loans from foreign donors for implementation of the Metropolitan Area’s key works and projects.

3. Provinces and cities shall allocate local budgets for implementation of the Metropolitan Area’s key works and projects in their respective localities.

4. To prioritize the inclusion of the Metropolitan Area’s key works and projects in the list of projects calling for investment under national investment promotion programs.

5. Ministries, sectors, and provinces and cities in the Metropolitan Area shall prioritize and arrange capital sources for investment preparation work for its key works and projects in the form of public-private partnership (PPP).

6. To grant exemption from land rental for the entire project implementation period for the Metropolitan Area’s key works and projects in the fields of health, education-training, and environmental management and protection fully funded with capital mobilized from social sources. The exemption of land rental for the Metropolitan Area’s key projects in the fields of health, education-training, and environmental management and protection must comply with the Government’s regulations on socialization policy for activities in the fields of health, education-training and environment.

The Prime Minister shall decide on a list of specific projects on the basis of proposals from ministries, sectors and localities after the Metropolitan Area’s Coordination Council gives opinions.

Article 13. Organization of coordination in the Metropolitan Area

1. The Metropolitan Area’s Coordination Council consists of the following members:

a/ Chairperson of the Council: a Deputy Prime Minister;

b/ Standing Vice Chairperson: the Minister of Planning and Investment;

c/ Vice Chairpersons: the Minister of Construction and the Chairperson of the Hanoi People’s Committee;

d/ Standing member: a Deputy Minister of Planning and Investment;

dd/ Members:

- Deputy Ministers and holders of equivalent posts in the Ministries of Finance; Industry and Trade; Transport; Construction; Health; Education and Training; Foreign Affairs; Public Security; National Defense; Agriculture and Rural Development; Science and Technology; Natural Resources and Environment; Information and Communications; Labor, Invalids and Social Affairs; Culture, Sports and Tourism; Home Affairs; Justice; and Government Office;

- Chairpersons of the People’s Committees of the provinces of Bac Ninh; Hung Yen; Ha Nam; Hoa Binh; Phu Tho; Bac Giang; Vinh Phuc; Hai Duong; and Thai Nguyen;

- Representatives who are typical experts and scientists of training and scientific research institutions of the Metropolitan Area; prestigious representatives of the business community of the Metropolitan Area.

e/ The Standing Committee of the Metropolitan Area’s Coordination Council consists of a chairperson, vice chairpersons and a standing member.

2. The Metropolitan Area’s Coordination Council has the function of advising, proposing and assisting the Prime Minister to coordinate, inspect and supervise the implementation of activities in the fields and contents of coordination of the Metropolitan Area as prescribed in this Decree.

3. Based on the Ministry of Planning and Investment’s proposal, the Prime Minister shall promulgate a Decision on establishment of the Metropolitan Area’s Coordination Council and provide operation regulations, tasks and powers of the Metropolitan Area’s Coordination Council.

Chapter IV

STATE MANAGEMENT RESPONSIBILITIES

Article 14. Responsibilities of the Government and Prime Minister

1. The Government shall perform the unified state management of the fields and contents of coordination in the Metropolitan Area.

2. The Prime Minister shall:

a/ Annually assume the prime responsibility for, and coordinate with the Metropolitan Area’s Coordination Council, provinces and centrally run cities in the Metropolitan Area and related ministries and sectors in, evaluating results of coordination activities in the fields and contents as prescribed in this Decree;

b/ Based on the proposal of the Metropolitan Area’s Coordination Council, promulgate mechanisms and policies and make intra vires decisions on contents of the Metropolitan Area’s master plans, plans, programs, schemes, tasks and key projects related to the fields and contents of coordination in the Metropolitan Area.

Article 15. Responsibilities of the Ministry of Planning and Investment

1. To organize the formulation of relevant regional master plans and guide localities in the Metropolitan Area to coordinate in formulating provincial master plans and submitting them to competent authorities for approval according to the  order and procedures prescribed in the Planning Law, ensuring consistency and synchronism among master plans and conformity with general orientations of the Metropolitan Area.

2. To assume the prime responsibility for, and coordinate with related ministries, sectors, and localities in the Metropolitan Area in, compiling a list of the Metropolitan Area’s key programs and projects and report it to competent agencies for consideration of and decision on provision of support from the central budget and prioritization of ODA and concessional loans from donors for phased implementation of these programs and projects.

3. Based on proposals of related ministries, sectors, and localities in the Metropolitan Area, to compile a list of projects calling for investment under national investment promotion programs.

4. To act as the Standing Committee of the Metropolitan Area’s Coordination Council; to act as a focal point to coordinate with ministries, sectors and localities in the Metropolitan Area in formulating operation plans of the Metropolitan Area’s Coordination Council; to coordinate activities in the fields and contents of coordination as prescribed in this Decree.

5. In the process of realizing coordination activities, to study, propose and report to the Government, Prime Minister and competent agencies solutions for removing difficulties and obstacles and particular mechanisms and policies to develop the Hanoi Capital and Metropolitan Area.

6. To urge ministries, sectors, and provinces and cities in the Metropolitan Area to perform relevant tasks and powers as prescribed in this Decree and assigned by the Chairperson of the Metropolitan Area’s Coordination Council.

7. To monitor, supervise and annually review the implementation of the mechanism on coordination among provinces and cities in the Metropolitan Area.

8. To perform the tasks specified in Clause 3, Article 13 of this Decree.

Article 16. Responsibilities of the Ministry of Finance

1. To coordinate with the Ministry of Planning and Investment in mobilizing investment capital sources for implementation of the Metropolitan Area’s key programs and projects.

2. To guide provinces and cities in the Metropolitan Area to carry out coordination activities related to their tasks and powers as prescribed in this Decree and assigned by the Chairperson of the Metropolitan Area’s Coordination Council.

Article 17. Responsibilities of the Ministry of Construction

1. To assume the prime responsibility for and guide the formulation of the general urban plan of the Metropolitan Area and master plans on development of urban areas, and manage the process of urban construction investment in the Metropolitan Area according to the master plans approved by competent authorities.

2. To guide provinces and cities in the Metropolitan Area to carry out coordination activities related to their tasks and powers as prescribed in this Decree and assigned by the Chairperson of the Metropolitan Area’s Coordination Council.

Article 18. Responsibilities of the Ministry of Natural Resources and Environment

1. To formulate plans and programs and make a list of construction investment projects on management of solid waste and hazardous waste; to apply solid waste and hazardous waste treatment technologies and implement a number of construction investment projects on inter-regional solid waste treatment zones.

2. To guide provinces and cities in the Metropolitan Area to implement coordination contents in the fields of land, natural resources and environmental protection.

Article 19. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. To assume the prime responsibility for, and coordinate with the Ministry of Education and Training, ministries, sectors, and localities in the Metropolitan Area in, reviewing the master plan on the network of vocational education institutions in order to formulate a scheme on training and development of high-quality human resources meeting the trend of production and labor restructuring in line with market demand.

2. To develop a mechanism on sharing high-quality human resources among training institutions in the Metropolitan Area to serve the demands of the Metropolitan Area and adjacent localities.

Article 20. Responsibilities of the Ministry of Education and Training

1. To assume the prime responsibility for, and coordinate with People’s Committees of provinces and cities in the Metropolitan Area in, reviewing the master plan on the network of higher education institutions in the Metropolitan Area, prioritizing the development of a number of key higher education institutions in localities adjacent to Hanoi capital in order to reduce pressure on Hanoi capital and meet the market demand for high-quality human resources.

2. To assume the prime responsibility for, and coordinate with ministries, sectors and People’s Committees of provinces and cities in the Metropolitan Area in, formulating a scheme on development of human resources, especially high-quality human resources, to meet the socio-economic development requirements of the Metropolitan Area.

Article 21. Responsibilities of the Ministry of Culture, Sports and Tourism

1. To assume the prime responsibility for, and coordinate with localities in, formulating specific programs and plans on, and solutions for, conservation and development activities in the fields of culture, history and tourism which must express general characteristics of the Metropolitan Area.

2. To guide localities in the Metropolitan Area to formulate and organize the implementation of the master plan on preservation, repairment and restoration of national relics and special national relics and the master plan on protection and promotion of values of cultural and historical heritages after they are approved by competent authorities.

Article 22. General responsibilities of ministries

1. Based on their assigned functions and tasks, to assume the prime responsibility for, or coordinate with the Ministry of Planning and Investment, the Ministry of Finance and provinces and cities in the Metropolitan Area in, formulating the Metropolitan Area’s key socio-economic infrastructure programs and projects in their assigned fields; and proposing investment capital sources for implementation.

2. To guide provinces and cities in the Metropolitan Area to carry out coordination activities related to their tasks and powers as prescribed in this Decree and assigned by the Chairperson of the Metropolitan Area’s Coordination Council.

Article 23. Responsibilities of provinces and cities in the Metropolitan Area

1. To formulate programs and plans so as to coordinate with ministries and other provinces and cities in the Metropolitan Area in implementing coordination contents as prescribed in this Decree.

2. To coordinate with related ministries and other provinces and cities in the Metropolitan Area in studying and proposing the Metropolitan Area’s key programs and projects.

3. To balance local budget capital sources for implementation of the Metropolitan Area’s key socio-economic infrastructure works and projects in their respective localities.

4. To develop and provide information and data on results of performance of socio-economic development tasks as specified in Article 10 of this Decree and publicize information on key sectors and fields of provinces and cities in the Metropolitan Area.

5. To improve mechanisms and policies to improve the business investment environment, and adopt measures to encourage and support all economic sectors and attract businesses to invest in the Metropolitan Area’s key programs and projects.

Article 24. Responsibilities of the Hanoi city

1. To actively coordinate with ministries and central sectors in supporting provinces in the Metropolitan Area by increasing forms of association and cooperation for mutual development and further promoting its role as the momentum to boost socio-economic development of provinces in the Metropolitan Area and its leading role in the development of the Metropolitan Area.

2. To take the initiative in proposing the formulation of particular mechanisms and policies for the development of the Capital, which must adhere to the principle that the capital city is for the whole country, and the whole country is for the capital city, striving for the development of the capital city to be more and more civilized and modernized; at the same time, ensuring conformity with the capital city’s capacity of mobilizing diverse potential as well as its advantages and proactiveness so as to create a driving force for socio-economic development for the Metropolitan Area and the whole country.

Article 25. Reporting regime

Before December 31 every year, People’s Committees of provinces and cities in the Metropolitan Area and related ministries and agencies shall make annual reports on results of implementation of the assigned tasks prescribed in this Decree, and send them to the Office of the Metropolitan Area’s Coordination Council for summarization and reporting to the Prime Minister and the Chairperson of the Metropolitan Area’s Coordination Council.

Chapter V

IMPLEMENTATION PROVISIONS

Article 26. Implementation provisions

1. This Decree takes effect on December 5, 2021.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees of provinces and cities in the Metropolitan Area, and related organizations and individuals shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
LE VAN THANH