Chương 5 Nghị định 69/2008/NĐ-CP : Quản lý nhà nước đối với các cơ sở cung ứng dịch vụ thuộc lĩnh vực xã hội hóa

Chapter V

STATE MANAGEMENT OF PROVIDERS OF SERVICES IN THE DOMAINS ENCOURAGED FOR SOCIALIZATION

Article 17.- Responsibilities of line ministries

1. To coordinate with the Ministry of Natural Resources and Environment, concerned ministries and provincial-level People's Committees in formulating land use planning and plans for branches, domains and geographic areas.

2. To formulate socialization orientations: to provide guidance on criteria on sizes, standards and operation conditions for establishments in question under their management.

3. To promulgate policies and mechanisms to encourage socialization suitable to different forms of activity and meeting the demand for development of each domain in each period and each region.

4. To perform uniform state management of contents, programs quantity and quality of services offered by establishments in question in each domain to serve as a basis for implementation as well as for monitoring and supervision by levels, branches and the entire society.

5. To decide on the establishment or suspend the operation of establishments in question within the ambit of their functions and tasks and the decentralization by a competent agency according to law.

6. To manage and facilitate international cooperation of establishments in question under their management.

7. To assume the prime responsibility for, and coordinate with provincial-level People's Committees in, inspecting and examining establishments in question in observing state regulations: to handle violations according to law.

8. To formulate or guide provincial-level People's Committees in formulating, programs for, and take measures to manage, the operation of establishments in question to their aims, operation contents and service quality set by each line ministry.

9. To make reports on the performance of each area of activity of socialization under their management and synthesize the entire branch's activities of socialization and submit them to the Ministry of Finance every February for sum-up and report to the Prime Minister.

10. The Ministers of Education and Training: Labor. War invalids and Social Affairs: Health: Culture Sports and Tourism: and Natural Resources and Environment shall, according to their state management functions, coordinate with the Ministry of Finance, the Ministry of Home Affairs and concerned ministries and branches in. promulgating, or submitting to a competent authority for decision:

a/ Conditions for the establishment and operation of establishments in question and standards on professional qualifications and physical facilities for establishments in question:

b/ Conditions and procedures for and lists of state establishments to be transformed into non-state ones or enterprises;

c/ Roadmaps and procedures for transforming semi-state establishments into non-state ones or enterprises.

Article 18.- Responsibilities of provincial-level People's Committees

1. To formulate and manage land use planning and plans according to the current land law. to publicize land use master plans for the domains encouraged for socialization before December 31, 2008.

2. To formulate plans on human resource training and use to meet the demand for socialization.

3. To assign local land fund developers or state units to clear project sites before allotting or leasing land to establishments in question.

The assigned land fund developer or state unit of a province or centrally run city shall compensate and support resettlement for users of land to be used for socialization activities. The costs of compensations, supports and resettlement are covered by the state budget.

The central state budget will support targeted funds for difficulty-hit localities that need additional funds for paying site clearance compensations and supporting resettlement. The level of support is 70% for mountainous provinces or 50% for others. Provincial-level People's Committees shall report to provincial-level People's Councils for decision to use the income from land use levies, lotteries and local budget for paying the remaining costs.

Provinces and centrally run cities that may balance incomes to be paid to the central state budget may proactively allocate their local budget to pay compensations and support resettlement.

4. To direct and assign concerned agencies to hold biddings of projects for establishments in question according to this Decree.

5. Based on the size of local budget, to propose People's Councils of the same level to decide on mechanisms and levels of support of funds for infrastructure investment of establishments in question.

6. When formulating or adjusting land use planning and plans of provinces and centrally run cities, to set aside land for socialization activities. When formulating and approving master plans on development of new urban centers and industrial parks, to set aside land according to planning for the construction of establishments in question.

7. To publicize the order of and procedures for allotting and leasing land to establishments in question.

8. Depending on specific local situations, to promulgate specific incentive policies to encourage, promote and expand forms of socialization: to perform state management of establishments in question under the guidance of line ministries.

9. To supervise and inspect establishments in question in efficiently managing and using land for proper purposes: to handle violations according to law.

10. To make reports on the implementation of incentive policies for development of socialization of each domain every January and send them to line ministries which shall synthesize and submit them to the Ministry of Finance for further report to the Prime Minister.

Article 19.- Competence to license the establishment, transformation from state into non-state establishments, termination of operation and dissolution

1. An agency competent to decide on the formation of state and semi-state establishments may decide on their transformation into non-state establishments or enterprises.

2. The competence to decide on the establishment of non-state establishments in education and training, vocational training, healthcare, culture, sports and environment complies with law.

3. An agency competent to decide on the formation of non-state establishments may terminate their operation or dissolve them when they seriously violate provisions specified in their operation permits or violate the law.

Article 20.- Foreign-invested establishments

Foreign-invested establishments in the domains encouraged for socialization according to this Decree are set up according to law.