Resolution 37/2021/QH15 on pilot implementation of a number of special mechanisms and policies for development of Thanh Hoa province

RESOLUTION

On pilot implementation of a number of special mechanisms and policies for development of Thanh Hoa 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 Thanh Hoa 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. Thanh Hoa 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 60% 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 Thanh Hoa province’s budget with an amount not exceeding 70% of the increased revenue from import and export activities via Nghi Son Port as compared to the budget estimate allocated by the Prime Minister (excluding value-added tax on goods imported to form fixed assets or to produce products for export which is refunded by the central budget), provided that such target transfer does not exceed the total increased revenue from export and import activities via Nghi Son Port over the previous year’s actual revenue and that there is no deficit in the central budget to serve the development of technical infrastructure facilities and completion of population relocation and resettlement in Nghi Son Economic Zone in order to create cleared land areas for attracting investment in key projects in the Zone.

3. The budget of Thanh Hoa province will be entitled to 50% of the revenue from land use levy upon sale of land-attached public property in accordance with the Law on Management and Use of Public Property (after subtracting expenses for the sale of land-attached property and transfer of land use rights; and expenses for relocation and construction of physical foundations at the new locations), which is located in the province and managed by agencies, organizations and units under central authorities (except agencies and units in the sectors of national defense and security), which shall be used for investment in the development of socio-economic infrastructure facilities to be covered by public investment funds of the province.

4. The pilot implementation of the charge and fee policy in Thanh Hoa province is provided as follows:

a/ The People’s Council of Thanh Hoa province 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 budget of Thanh Hoa province 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 to be covered by the province’s budget, and such amount will be excluded upon determination of the transfer for budget balancing and the target transfer from the central budget to the province’s budget;

c/ The pilot implementation of the charge and fee policy specified at Point a of this Clause must adhere to the following principles: following a set roadmap and being suitable to the province’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; not causing negative impacts on security and social order and safety; 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 province; and ensuring publicity, transparency, and state administrative reform.

5. Thanh Hoa 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 Thanh Hoa province, and report such to the National Assembly at its nearest session.

2. The People’s Council of Thanh Hoa 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 Thanh Hoa province under Clause 2 of this Article.

Article 5. Planning management

Based on the function zone construction plan and urban master plan of Thanh Hoa province approved by the Prime Minister, the Prime Minister shall decide to decentralize the People’s Committee of Thanh Hoa 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; 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 Thanh Hoa province, and National Assembly deputies shall, within the ambit of their tasks and powers, oversee the implementation of this Resolution.

Article 7. 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 Thanh Hoa 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