Resolution 38/2021/QH15 on pilot implementation of a number of special mechanisms and policies for development of Thua Thien Hue province

RESOLUTION

On pilot implementation of a number of special mechanisms and policies for development of Thua Thien Hue 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 Thua Thien Hue province regarding finance-state budget 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. Thua Thien Hue 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 Thua Thien Hue 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. The budget of Thua Thien Hue 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. Thua Thien Hue 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. Charges for visiting relics

Charges for visiting relics in Thua Thien Hue province shall be fully paid into the state budget (after subtracting the amount retained for public non-business units to cover expenses for provision of charge collection services in accordance with the law on charges and fees). The local budget may reserve an amount in proportion to the collected charge for visiting relics that has been paid into the state budget for the embellishment of historical-cultural relics in the province. Such amount will be excluded upon determination of percentage (%) of revenues divided between the central budget and the province’s budget and the target transfer from the central budget to the province’s budget.

Article 5. The Hue Heritage Conservation Fund

1. To allow the establishment of the Hue Heritage Conservation Fund to add resources for the embellishment and conservation of cultural heritages in Thua Thien Hue province. The Hue Heritage Conservation Fund is a national fund established by the Government and assigned to Thua Thien Hue province for management.

2. The Hue Heritage Conservation Fund may receive funds from state budgets of provinces and centrally run cities, donations of organizations and individuals at home and abroad, and other lawful revenues. It is not permitted to use the budget of Thua Thien Hue province as support for the Fund. The Fund’s revenues may only be used for the embellishment, conservation and development of the values of Hue heritages ​​and for investment in works and work items for which no funds or insufficient funds from the state budget have been allocated.

3. Provinces and centrally run cities may use their local budgets to support the Hue Heritage Conservation Fund in the embellishment, conservation and promotion of the values of Hue heritages.

4. The Government shall stipulate in detail the establishment and operation regulation of the Hue Heritage Conservation Fund.

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 Thua Thien Hue 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 Thua Thien Hue 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