Resolution 35/2021/QH15 on pilot implementation of a number of special mechanisms and policies for development of Hai Phong city

RESOLUTION

On pilot implementation of a number of special mechanisms and policies for development of
Hai Phong city^[1]

THE NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to Law No. 80/2015/QH13 on Promulgation of Legal Documents, which had a number of articles amended and supplemented under Law No. 63/2020/QH14;

RESOLVES:

Article 1. Scope of regulation

This Resolution provides the pilot implementation of a number of special mechanisms and policies applicable to Hai Phong city (below referred to as the City) regarding finance-state budget management; decentralization for state management of land and planning, and incomes of cadres, civil servants and public employees under the City’s management.

Article 2. Subjects of application

1. State agencies, political organizations and socio-political organizations.

2. Socio-political-professional organizations, social organizations and socio-professional organizations.

3. Other related organizations and individuals.

Article 3. Finance-state budget management

1. The City may raise loans through issuing municipal bonds, and take loans from financial institutions and other organizations at home and loans on-lent from the Government’s foreign loans with the total outstanding balance not exceeding 60% of the City’s budget revenue as decentralized. The National Assembly shall decide on the City’s total amount of annual loans and budget deficit in accordance with the Law on the State Budget.

2. Annually, the central budget shall provide a target transfer to the City’s budget with an amount not exceeding 70% of the central budget’s increased amount from the revenues divided between the central budget and the City’s budget as compared to the budget estimate allocated by the Prime Minister (the remainder after granting rewards for revenue increases under Clause 4, Article 59 of Law No. 83/2015/QH13 on the State Budget, which had a number of articles amended and supplemented under Law No. 59/2020/QH14) and the revenues wholly belonging to the central budget as specified at Points b, c, d, g, h, i and q, Clause 1, Article 35 of Law No. 83/2015/QH13 on the State Budget, which had a number of articles amended and supplemented under Law No. 59/2020/QH14, as compared to the budget estimate allocated by the Prime Minister, provided that such amount does not exceed the central budget’s total increased revenue in the City over the previous year’s actual revenue and that there is no deficit in the central budget. The target transfer shall be determined based on the total revenues but not on every single revenue.

3. The pilot implementation of the charge and fee policy in the City is provided as follows:

a/ The People’s Council of the City may decide to collect charges and fees not yet included in the List of charges and fees promulgated together with the Law on Charges and Fees; and adjust the approved levels or rates of the charges and fees specified in the List of charges and fees promulgated together with the Law on Charges and Fees, except court charge and court fee;

b/ The City’s budget will be entitled to 100% of the amount increased from the revenues as a result of the adjustment of the charge and fee policy specified at Point a of this Clause for investment in socio-economic infrastructure facilities and for covering other spending items to be covered by the City’s budget, and such amount will be excluded upon determination of percentage (%) of revenues divided between the central budget and the City’s budget;

c/ The pilot implementation of the charge and fee policy in the City specified at Point a of this Clause must adhere to the following principles: following a set roadmap and being suitable to the City’s development level and requirements; creating a favorable environment for production and business activities of enterprises, especially small- and medium-sized enterprises, and sectors and trades eligible for investment incentives; ensuring the market consistency without impeding the circulation of goods and services; rationally regulating a number of goods and services and lawful incomes of organizations and individuals in the City; and ensuring publicity, transparency, and state administrative reform.

Article 4. Land management

1. The People’s Council of the City may decide on the repurposing of land for wet rice cultivation of 2 crops or more with an area of under 500 hectares as authorized by the Prime Minister in conformity with the approved land use master plan and plan.

2. The repurposing of rice cultivation land specified in Clause 1 of this Article shall be decided in a public manner with solicitation of opinions of the people and stakeholders to be affected by the repurposing, and must adhere to principles and meet conditions for land repurposing in accordance with the land law and other relevant laws.

3. The Prime Minister shall specify the order and procedures for repurposing of rice cultivation land as authorized by the Prime Minister to the People’s Council of the City under Clause 1 of this Article.

Article 5. Planning management

Based on the function zone construction plan and urban master plan of the City approved by the Prime Minister, the Prime Minister shall decide to decentralize the People’s Committee of the City to approve partial adjustment of the general master plan on function zone construction and general master plan on urban areas according to the order and procedures specified by the Prime Minister and report implementation results to the Prime Minister.

Article 6. Incomes of cadres, civil servants and public employees under the City’s management

The City may implement the mechanism of creating funding sources for salary reform under regulations. Once the City’s budget is sufficient for salary reform and implementation of social security policies for the whole period of budget stabilization under regulations of competent authorities, the People’s Council of the City may decide on the use of the remainder of the City’s budget fund reserved for salary reform; permit the use of the remainder of subordinate budget funds reserved for salary reform to make payment for additional average incomes for cadres, civil servants and public employees working in government agencies, agencies of the Party and mass organizations under the City’s management based on their task performance at a rate not exceeding 0.8 time the salary level determined based on ranks/positions or working positions/leading titles or positions of such persons. The People’s Council of the City shall specify levels of income for experts, scientists and special talents of the City.

Article 7. Organization of implementation

1. The Government shall, within the ambit of its tasks and powers, organize the implementation of this Resolution; conduct a 3-year review of the implementation of this Resolution and report thereon to the National Assembly at its 2024 year-end session; and conduct a final review of the implementation of this Resolution and report thereon to the National Assembly at its 2026 year-end session.

2. The Standing Committee, the Ethnic Council, and Committees of the National Assembly, the Delegation of National Assembly deputies of Hai Phong city, and National Assembly deputies shall, within the ambit of their tasks and powers, oversee the implementation of this Resolution.

Article 8. Implementation provisions

1. This Resolution takes effect on January 1, 2022, and shall be implemented for 5 years.

2. If there are different provisions on the same issue between this Resolution and laws or other resolutions of the National Assembly, this Resolution shall prevail. If legal documents promulgated after the effective date of this Resolution provide mechanisms and policies that are more preferential or beneficial than those specified in this Resolution, the People’s Council of the City may decide which documents shall be applied.

This Resolution was adopted on November 13, 2021, by the XV^th National Assembly of the Socialist Republic of Vietnam at its 2^nd session.-

Chairman of the National Assembly
VUONG DINH HUE