Party building

Four groups of specific mechanisms and policies for the development of Nghe An province have just been approved by the National Assembly.

PV • June 26, 2024 14:21

On the morning of June 26, at the 7th Session, the 15th National Assembly passed a Resolution on piloting a number of specific mechanisms and policies for the development of Nghe An province.

NThe resolution takes effect from January 1, 2025 and will be implemented for 5 years, providing for the pilot supplementation of a number ofspecial mechanisms and policies for the development of Nghe An provinceon financial management, state budget; investment management; urban and resource management; organization of local government apparatus, specifically as follows:

ON FINANCIAL MANAGEMENT AND STATE BUDGET

1. Fee and charge policies are stipulated as follows:

a) The People's Council of Nghe An province decides to apply in the locality: fees and charges not specified in the List of fees and charges issued with the Law on Fees and Charges; adjust the level or rate of fee and charge collection decided by competent authorities for the types of fees and charges specified in the List of fees and charges issued with the Law on Fees and Charges, except for court fees and charges and types of fees from the revenue source of the Central budget enjoying 100%;

b) Nghe An provincial budget is entitled to 100% of the additional revenue from the revenues due to the adjustment of the fee and charge policies specified in Point a of this Clause to invest in socio-economic infrastructure and other expenditure tasks belonging to the expenditure tasks of the provincial budget; these revenues are not used to determine the additional balance from the central budget to the provincial budget;

c) The pilot implementation of the fee and charge policy in Nghe An province as prescribed in Point a of this Clause must ensure a roadmap, consistent with the province's development capacity and requirements; create a favorable production and business environment for enterprises; ensure market consistency, not hinder the circulation of goods and services; implement reasonable regulation of goods, services and legal sources of income of organizations and individuals in the province; ensure publicity, transparency and State administrative reform.

2. Provinces and centrally run cities are allowed to use their budgets to support Nghe An province in performing socio-economic development tasks and ensuring national defense and security for specific localities and tasks. In case of general support for Nghe An province, the allocation to specific localities and tasks is decided by the Provincial People's Council, in which priority is given to Nam Dan district and the western region of Nghe An. The Nghe An Provincial People's Council decides to allow districts, towns and cities under the province to use the budgets of districts, towns and cities and other legal sources to support other localities of the province in preventing, combating and overcoming the consequences of natural disasters and epidemics, implementing national target programs, social security tasks and other necessary cases.

3. Allow Nghe An province when determining the additional balance from the central budget to the local budget not to take into account domestic revenue from mineral exploitation activities (excluding value added tax and corporate income tax) and tax revenue from hydropower production facilities in the western Nghe An region to invest in developing economic and social infrastructure in the western Nghe An region.

4. Nghe An province is allocated an additional 50% of the targeted additional public investment capital from the central budget for the locality according to the principles, criteria and norms prescribed in the Resolution of the National Assembly Standing Committee on principles, criteria and norms for allocating public investment capital from the State budget for the period 2026 - 2030 to invest in key projects in the province and develop socio-economic infrastructure in the locality.Western Nghe An. The People's Council of Nghe An province decides on the list of projects specified in this clause.

1. The People's Committee of Nghe An province approves the investment policy for projects on construction and business of industrial park infrastructure; projects on construction of ports and port areas with an investment capital scale of VND 2,300 billion or more belonging to class I seaports.

The order and procedures for approving investment policies prescribed in this clause shall be implemented as the order and procedures for approving investment policies for projects under the authority of the provincial People's Committee to approve investment policies according to the provisions of the law on investment. During the process of implementing investment policy approval procedures, the Nghe An Provincial People's Committee shall consider and decide to consult relevant ministries and branches and make decisions according to its authority.

2. Between sessions of the People's Council, the Standing Committee of the People's Council of Nghe An province decides to adjust the investment policy for group B and group C public investment projects prescribed in the Law on Public Investment and reports to the Provincial People's Council at the nearest session. The order and procedures for adjusting the project investment policy prescribed in this clause are implemented as the order and procedures for adjusting the project investment policy under the authority of the Provincial People's Council according to the provisions of the law on public investment.

3. The implementation of investment projects under the public-private partnership method (hereinafter referred to as PPP Projects) is regulated as follows:

a) In addition to the investment fields under the public-private partnership method prescribed in the Law on Investment under the public-private partnership method, Nghe An province is allowed to apply investment under the public-private partnership method to investment projects in the fields of sports and culture;

b) The minimum total investment scale of PPP projects in the fields of health, education - training, sports and culture is prescribed by the Provincial People's Council.

The order and procedures for project preparation and investor selection for these projects shall comply with the provisions of law on investment under the public-private partnership method;

c) The People's Council of Nghe An province is entitled to consider and decide on increasing the proportion of State capital participation to no more than 70% of the total investment for PPP projects with site clearance compensation costs accounting for more than 50% of the total investment of the project and the preliminary financial plan of the PPP project does not ensure the ability to recover capital; projects in the fields of sports and culture; projects implemented in the Western region of Nghe An;

d) The People's Council of Nghe An province specifies the contents of the PPP Project in the field of sports and culture in the pre-feasibility study report, feasibility study report and criteria for evaluating bidding documents and PPP Project contracts.

4. The implementation of the contract form under the build-transfer method (BT contract) is regulated as follows:

a) BT contract is a contract signed between a competent authority and an investor to construct an infrastructure project; after completing the project, the investor transfers the project to the competent authority and is paid from State budget sources, proceeds from public asset auctions, and land use rights auctions;

b) Nghe An province is allowed to implement BT contracts for investment projects in the fields of transportation, urban technical infrastructure, lighting systems, decorative electricity; parking lots; drainage and wastewater treatment; and environmental pollution treatment in the province. Payments to investors as prescribed in Point a of this Clause must ensure publicity, transparency, socio-economic efficiency, quality of works and projects, and not cause loss of State capital and assets;

c) The authority, order and procedures for selecting investors to implement BT projects are implemented as prescribed for PPP projects according to the law on investment under the public-private partnership method. The selection of investors for BT projects is carried out after the construction design is implemented after the basic design is approved. The People's Committee of Nghe An province stipulates the evaluation criteria on the capacity, experience, technique and finance of investors implementing BT projects;

d) The authority, order, procedures for project establishment, appraisal, approval, management, investment costs, construction quality of works and projects under BT contracts are implemented as prescribed for public investment projects according to the provisions of the law on public investment and the law on construction. The project shall only be decided on investment policy when the capital source and the ability to balance capital are determined. The total investment amount of the project applying the BT contract type is determined as for projects using public investment capital according to the provisions of the law on construction; the cost of loan interest after the construction period and reasonable profit are included in the total investment amount of the project;

e) The People's Council of Nghe An province decides on the use of provincial budget capital, arranges capital for investment preparation, annual budget estimates and arranges public investment capital in the province's medium-term and annual public investment plans; decides on the use of revenue from public asset auctions and land use rights auctions to pay investors after the independently operated project or project item is completed, accepted, audited and based on the value and progress specified in the BT contract; supervises the implementation to ensure compliance with legal provisions;

g) The Government shall prescribe loan interest after the construction period, reasonable profits, payment methods, and settlement of investment project implementation applying the BT contract type.

5. The separation of compensation, support, resettlement and site clearance projects from public investment projects is regulated as follows:

a) The People's Council of Nghe An province decides on the investment policy for the overall project with the scale of a group B project in the field of transport and irrigation according to the provisions of the law on public investment, has the right to decide on separating the work of compensation, support, resettlement, and site clearance into an independent project when approving the investment policy for the overall project; decides on the objectives, scale, total investment, capital structure, and investment location of the compensation, support, resettlement, and site clearance project in the decision on the investment policy for the overall project;

b) Based on the overall project investment policy, the Chairman of the People's Committee of Nghe An province decides to invest and adjust compensation, support, resettlement and site clearance projects within the scope of objectives, scale, total investment, capital structure and location of the overall project implementation.

In case of adjustment of compensation, support, resettlement and site clearance projects, factors that require adjustment of the overall project investment policy arise, between sessions of the People's Council, the Standing Committee of the Nghe An Provincial People's Council shall adjust the overall project investment policy before the Chairman of the Provincial People's Committee adjusts the compensation, support, resettlement and site clearance project and reports to the Provincial People's Council at the nearest session. Adjustment of the overall project investment policy and adjustment of compensation, support, resettlement and site clearance projects shall be carried out in accordance with the provisions of the law on public investment and other relevant provisions of law;

c) The decision to invest in compensation, support, resettlement, and site clearance projects is the basis for competent authorities to decide on the allocation of annual public investment plan capital for implementation, and is also the basis for competent State agencies to issue land recovery notices and land recovery decisions;

d) The People's Council of Nghe An province shall promulgate a list of public investment projects to separate compensation, support, resettlement and site clearance projects from the public investment projects specified in this Article.

1. The exploitation and development of urban land funds are regulated as follows:
The People's Council of Nghe An province considers and decides on the location, boundaries, and land area for project recovery in the vicinity of traffic connection points and urban traffic routes in the province outside the red line boundary according to the planning; uses the local budget to compensate, support, and resettle the area of ​​land in the vicinity recovered for resettlement purposes, creating a land fund for auctioning land use rights to implement urban development, housing, trade, and service projects.

The location, boundary and area of ​​land recovered in the surrounding area as prescribed in this Article must be shown in the land use planning and plan approved by the competent authority.

2. Use of funding sourcesreplacement forestationWhen converting forest use to other purposes, it is regulated as follows:
Allow Nghe An province to retain and use the funds for reforestation when converting the purpose of forest use to other purposes collected from projects serving economic, social, defense and security development, which do not have the conditions to reforest, must pay the money for reforestation to Nghe An Provincial Forest Protection and Development Fund to implement silvicultural measures of natural regeneration with additional planting or natural regeneration promotion. Nghe An Provincial People's Committee is responsible for using this fund for the right purpose and effectively.

In case after implementing silvicultural measures to enclose and promote natural regeneration, there is additional planting or the enclosing and promoting natural regeneration has ensured enough area for replacement forest planting according to the provisions of law, the remaining funds (if any) will be paid to the Vietnam Forest Protection and Development Fund.

1. The People's Committee of Nghe An province has no more than 5 Vice Chairmen.

2. The organizational structure of the Vinh city government in Nghe An province is prescribed as follows:

a) Vinh City People's Council is established with 3 committees, including: Legal Committee, Economic - Budget Committee, and Cultural - Social Committee. Vinh City People's Council has no more than 2 Vice Chairmen and no more than 8 full-time delegates;

b) Vinh City People's Committee has no more than 4 Vice Chairmen.

1. The Government has the following responsibilities:

a) Within the scope of their tasks and powers, they are responsible for promptly promulgating legal documents within their competence and organizing the implementation of this Resolution; summarizing 3 years of implementing the Resolution and reporting to the National Assembly at the last session of 2027; summarizing 5 years of implementing the Resolution and reporting to the National Assembly at the last session of 2029;

b) Direct relevant agencies to coordinate with Nghe An province to reform administrative procedures; research and shorten the processing time for issues that have not been decentralized or delegated to the province;

c) Timely issue mechanisms and policies within authority to adjust and supplement appropriate regulations to resolve shortcomings arising in the management and development practices of Nghe An province.

2. The People's Council of Nghe An province has the following responsibilities:

a) Issue the list, levels, and rates of fees and charges specified in Point a, Clause 1, Article 3 of this Resolution; issue the list of projects specified in Clause 4, Article 3 of this Resolution; issue the list and scale of projects specified in Point a, Clause 3, Article 4 of this Resolution; issue the list of public investment projects implementing the separation of compensation, support, resettlement, and site clearance projects from public investment projects specified in Clause 5, Article 4 of this Resolution;

b) Monitor the implementation of this Resolution in accordance with the provisions of law.

3. The People's Committee of Nghe An province is responsible for performing the assigned tasks in this Resolution, ensuring publicity, transparency, and compliance with the provisions of law.

4. The National Assembly, the National Assembly Standing Committee, the Vietnam Fatherland Front, the Nationality Council, the National Assembly Committees, the National Assembly Delegation of Nghe An province and National Assembly deputies, within the scope of their tasks and powers, shall supervise the implementation of this Resolution.

TERMS OF IMPLEMENTATION

1. This Resolution comes into force from January 1, 2025 and is implemented for 5 years.

2. For projects falling under the cases specified in Clause 1, Article 4 of this Resolution with valid dossiers received before January 1, 2025 but not yet resolved, they shall continue to be resolved in accordance with the provisions of the law on investment; in case the investor requests to carry out investment procedures according to this Resolution, they shall be resolved in accordance with the provisions of this Resolution.

3. After this Resolution expires, policies, projects and other subjects that have been decided by competent authorities to be implemented according to the mechanisms and policies prescribed in this Resolution but have not yet ended shall continue to be implemented according to the issued decisions.

4. The Western Nghe An region as prescribed in this Resolution includes the following districts and towns of Nghe An province: Ky Son, Tuong Duong, Con Cuong, Quy Chau, Que Phong, Quy Hop, Tan Ky, Nghia Dan, Thai Hoa, Thanh Chuong and Anh Son.

5. For investment projects applying BT contracts that have been signed under the mechanisms and policies prescribed in Clause 3 and Clause 4, Article 4 of this Resolution, they shall continue to be implemented after the effective date of this Resolution until the end of the contract term.

6. In case there are different provisions on the same issue between this Resolution and other laws or Resolutions of the National Assembly, the provisions of this Resolution shall apply. In case a legal document issued after the effective date of this Resolution contains provisions on preferential or more favorable mechanisms and policies than this Resolution, the application shall be decided by the People's Council of Nghe An province./.