Resolution 36/2021/QH15 on pilot implementation of a number of special mechanisms and policies for development of Nghe An province

RESOLUTION

On pilot implementation of a number of special mechanisms and policies for development of Nghe An province^[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 Nghe An province regarding finance-state budget management and decentralization for state management of land, planning and forestry.

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. Nghe An province 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 40% of the province’s budget revenue as decentralized. The National Assembly shall decide on the province’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 Nghe An province’s budget with an amount not exceeding 70% of the increased revenue from imported and exported goods as compared to the budget estimate allocated by the Prime Minister (excluding value-added tax on imported goods), provided that such target transfer does not exceed the total increased revenue from export and import activities over the previous year’s actual revenue and that there is no deficit in the central budget to serve the implementation of local infrastructure investment projects.

3. Nghe An province may be allocated an additional 45% of the expenditure which is calculated based on the population norm when formulating norms of current expenditures of the state budget in 2022 and during the time of implementation of this Resolution.

Article 4. Forest and land management

1. The Standing Committee of the National Assembly may decide on the repurposing of land for special-use forests and land for watershed protection forests of 50 hectares or more; and land for wet rice cultivation of 500 hectares or more for 2 crops or more of Nghe An province, and report such to the National Assembly at its nearest session.

2. The People’s Council of Nghe An province may decide on the repurposing of land for special-use forests and land for watershed protection forests of under 50 hectares; and land for wet rice cultivation of under 500 hectares for 2 crops or more; and decide on the policy on the repurposing of land for production forests of under 1,000 hectares as authorized by the Prime Minister in conformity with the approved national master plan on forestry and land use master plan and plan.

3. The repurposing specified in Clauses 1 and 2 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 repurposing of forests and land in accordance with the law on forestry, land law and other relevant laws.

4. The Prime Minister shall specify the order and procedures for the repurposing of forests and land as authorized by the Prime Minister to the People’s Council of Nghe An province under Clause 2 of this Article.

Article 5. Planning management

Based on the function zone construction plan and urban master plan of Nghe An province approved by the Prime Minister, the Prime Minister shall decide to decentralize the People’s Committee of Nghe An province to approve partial adjustment of the general 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. 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; conduct a final review of the implementation of this Resolution and report thereon to the National Assembly at its 2026 year-end session; continue to study and formulate other mechanisms and policies suitable to the characteristics and actual situation in order to fully institutionalize the Political Bureau’s Resolution No. 26-NQ/TW on orientations and tasks for development of Nghe An province when conducting the final review of the implementation of such Resolution.

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

Article 7. Effect

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 Nghe An province 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