Nghị định 89/2022/NĐ-CP quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Kế hoạch và Đầu tư

DECREE

DEFINING FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF MINISTRY OF PLANNING AND INVESTMENT OF VIETNAM

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on Amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016 defining the functions, tasks, powers and organizational structures of ministries and ministerial agencies, and the Government’s Decree No. 101/2020/ND-CP dated August 28, 2020 providing amendments to the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016;

At the request of the Minister of Planning and Investment of Vietnam;

The Government promulgates a Decree defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment of Vietnam.

Article 1. Position and functions

The Ministry of Planning and Investment of Vietnam is a governmental agency in charge of performing the state management of socio-economic development strategies, planning, plans, development investment and statistics, including: provision of advices on socio-economic development strategies/plans; planning; national public investment plans; economic management mechanisms/policies; domestic investment, foreign investment in Vietnam and Vietnam’s outward investment; economic zones; official development assistance (ODA), concessional loans and grants other than ODA grants, Vietnam’s grants provided for other countries; bidding; statistics; development of enterprises, collective economy, cooperative economy; state management of public services rendered in the fields and sectors within the scope of its management in accordance with regulations of law.

Article 2. Tasks and powers

The Ministry of Planning and Investment of Vietnam shall perform its tasks and powers as prescribed in the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016 and the Government’s Decree No. 101/2020/ND-CP dated August 28, 2020, and the following specific tasks and powers:

1. Submit the following documents to the Government, including bills, draft ordinances and draft resolutions of the National Assembly, draft resolutions of the Standing Committee of the National Assembly, draft resolutions and decrees of the Government according to the the Ministry's approved annual law-making programs/plans, and other programs, projects and schemes as assigned by the Government or the Prime Minister.

2. Submit the following documents to the Government, including national 5-year and annual socio-economic development plans, major macroeconomic balances of the national economy; strategies/plans for mobilization and use of development resources; plans for formulation and amendment of macroeconomic management mechanisms/policies; national comprehensive planning; medium-term and annual public investment plans; investment guidelines for national target programs and public investment programs; other programs and projects as assigned by the Government.

3. Submit draft decisions, directives and other documents to the Prime Minister.

4. Promulgate circulars, decisions and directives within the scope of its management.

5. Direct, instruct, inspect and organize the implementation of legislative documents, strategies, planning and plans within the scope of its management; disseminate information on and educate about laws in the fields and sectors within the scope of its management.

6. Regarding planning; socio-economic development strategies and plans:

a) Formulate the Government's action programs for implementation of 5-year socio-economic development plans after they have been approved by the National Assembly; provide advices for the Government and the Prime Minister on mechanisms/policies for socio-economic consolidation and cooperation in macroeconomic management and administration; assist the Government in directing the implementation of plans in some fields and sectors as assigned by the Government or the Prime Minister;

b) Formulate socio-economic development strategies, national 5-year and annual socio-economic development plans; national comprehensive planning, regional planning; plans for implementation and announcement of national comprehensive planning and regional planning after they have been approved;

c) Consolidate major macroeconomic balances of the national economy; propose solutions for maintaining balances according to strategic objectives and plans, ensuring the achievement of objectives of socio-economic development plans;

d) Provide guidelines for ministries, regulatory authorities and local governments in monitoring and assessing the implementation of their plans; organize monitoring, assessment and reporting on nationwide implementation of socio-economic development plans on monthly, quarterly, annual, mid-term and 5-year basis;

dd) Play the leading role in appraising provincial planning formulation tasks and provincial planning; request the Prime Minister to establish a council in charge of appraising the national comprehensive planning and regional planning;

e) Provide guidelines for ministries, ministerial agencies and provincial People's Committees in preparing and organizing the implementation of planning.

7. Provide advices on mechanisms/policies for mobilization and use of development resources for implementing socio-economic development strategies/plans, forms and methods of development investment, development of ownership types, restructuring of economy associated with innovation of growth model, coordination of regional and inter-regional development.

8. Regarding development investment:

a) Play the leading role and cooperate with relevant the Ministry of Finance of Vietnam in making consolidated reports on development investment. Formulate medium-term and annual public investment plans; compile the consolidated list of national target programs, public investment programs, nationally significant projects, central government budget-funded tasks and projects included in medium-term public investment plans;

b) Determine total amount and structure of total investment capital of the whole society; play the leading role and cooperate with relevant the Ministry of Finance of Vietnam in preparing and submitting report to the Government on determination of state budget-derived funding for national development investment sorted by fields and sectors specified in medium-term and annual public investment plans; consolidate total funding for national target programs, public investment programs, nationally significant projects, large-scale key projects with substantial impact on others, promoting inter-regional connection, and meaningful in promoting both regional and local socio-economic development.

c) Play the leading role and cooperate with relevant the Ministry of Finance of Vietnam in preparing and submitting consolidated reports to the Government and/or Prime Minister on national medium-term and annual public investment plans; requesting the Prime Minister to decide the use of annual reserves of the central-government budget and provision of additional amounts to annual public investment funding so as to perform development investment tasks in accordance with regulations of law;

d) Cooperate with the Ministry of Finance of Vietnam in formulating plans for use of increased revenues and used amounts of funding for covering expenditures of the central government budget, including the use of such amounts for important investment projects;

dd) Consolidate detailed plans of medium-term and annual state budget-derived funding plans of national target programs and public investment programs;

e) Make reports on implementation of medium-term and annual public investment plans, national target programs, and public investment programs/projects of which investment guidelines are subject to the Prime Minister’s decision;

g) Play the leading role and cooperate with the Ministry of Finance of Vietnam, relevant Ministries, regulatory authorities and provincial governments in formulating rules, criteria and norms for allocation of state budget-derived public investment funding; formulating rules and criteria for allocation of funding for large-scale key projects promoting inter-regional connection as well as national and regional socio-economic development; supervising and assessing the efficiency in using state budget-derived public investment funding and funding for development investment expenditures;

h) Act as a standing member of the State Appraisal Council in charge of appraising national target programs and nationally significant projects; act as a standing member of the Interdisciplinary Appraisal Council in charge of appraising public-private partnership (PPP) projects of which investment guidelines are subject to the Prime Minister’s decision; appraise investment guidelines of other programs/projects subject to the Prime Minister’s decision or approval in accordance with provisions of the Law on Public Investment and the Investment Law.

9. Regarding domestic investment, foreign investment and Vietnam’s outward investment:

a) Manage domestic investments and foreign direct investments in Vietnam, Vietnam’s outward investments; investments made in PPP form; organize investment promotion activities and provide guidelines on investment procedures;

b) Follow procedures for issuance, modification and termination of validity of outward investment registration certificates;

c) Carry out inspection, supervision and comprehensive assessment of investment activities;

d) Provide guidelines on processing, updating and reporting on difficulties and propositions faced and made by investors during the application and implementation of law regulations to their business and investment.

10. Regarding ODA loans, concessional loans, grants other than ODA grants, and Vietnam’s grants provided for other countries:

a) Play the roles of an agency in charge of performing state management of ODA loans, concessional loans, grants other than ODA grants, and Vietnam’s grants provided for other countries; play the leading role in formulating strategies, policies and orientations for attraction and use of ODA loans and concessional loans;

b) Play the leading role in preparing contents and organizing mobilization of ODA loans, concessional loans, grants other than ODA grants, and Vietnam’s grants provided for other countries; request the Government to consider signing framework and specific international conventions on ODA grants in accordance with regulations of law; request the Prime Minister to consider signing agreements on ODA grants within its competence;

c) Consolidate and request competent authorities to make decisions on proposals and investment guidelines of programs/projects funded by ODA loans, concessional loans, grants other than ODA grants, or Vietnam’s grants provided for other countries in accordance with regulations of law; cooperate with the Ministry of Finance of Vietnam in determining domestic financial mechanisms applicable to such programs/projects;

d) Play the leading role and cooperate with the Ministry of Finance of Vietnam in consolidating and preparing medium-term and annual public investment plans for programs/projects funded by ODA loans and concessional loans given by foreign donors; balancing and allocating annual counterpart funds which are derived from the central-government state budget for preparing and executing programs/projects funded by ODA loans and concessional loans;

dd) Carry out supervision and evaluation of programs/projects funded by ODA loans, concessional loans, grants other than ODA grants, or Vietnam’s grants provided for other countries in accordance with regulations of law; settle within its competence or request the Prime Minister to settle issues concerning multiple ministries and/or sectors.

11. Regarding bidding:

a) Appraise contractor/investor selection plans and scenarios in special cases which are subject to the Prime Minister’s decision as prescribed in the Law on bidding;

b) Instruct, monitor, supervise and inspect the implementation of regulations of law on bidding; international cooperation in bidding.

12. Regarding economic zones:

a) Play the roles of an agency in charge of performing state management of economic zones, including industrial parks, export-processing zones, coastal economic zones, border economic zones, special economic zones and other types of economic zones nationwide;

b) Propose models, mechanisms and policies for development of economic zones;

c) Organize the appraisal of establishment, expansion and modification of boundaries of economic zones; appraise investment guidelines of projects on construction and operation of infrastructure facilities of industrial parks and export-processing zones within its competence.

13. Regarding development of enterprises and business registration, household businesses:

a) Play the leading role and cooperate with relevant Ministries and regulatory authorities in formulating strategies, programs and/or plans for arrangement, innovation and development of state-owned enterprises; mechanisms for management and arrangement of state-owned enterprises and development of enterprises of different ownership types. Formulating policies for improvement of improvement of business environment;

b) Play the leading role and cooperate with the Ministry of Finance of Vietnam and relevant authorities in monitoring and making consolidated report on arrangement, innovation and development of state-owned enterprises nationwide;

c) Manage registration of enterprises, cooperative business entities and household businesses; provide guidelines on procedures for registration of enterprises, cooperative business entities and household businesses; inspect, monitor and make consolidated reports on business registration, online business registration and post-registration management nationwide;

d) Formulate mechanisms and policies for supporting household businesses; instruct, inspect, expedite and make consolidated reports on the implementation of such mechanisms and policies;

dd) Give assistance in innovation and running start-up businesses; renovation of growth model on the basis of science and technology development in the fields within the scope of its management in accordance with regulations of law.

14. Regarding collective economy and cooperative economy:

a) Formulate strategies, programs and general plans for development of collective economy and cooperative economy; instruct, inspect, expedite and make consolidated reports on the implementation of such strategies, programs and plans;

b) Formulate mechanisms and policies for managing and supporting the development of collective economy and cooperative economy.

15. Regarding statistics:

a) Formulate and organize the implementation of strategies, plans and polices for development of statistics; coordinate and organize statistical activities and provision of statistical data in accordance with regulations of law;

b) Build and consistently manage national, provincial-level and district-level statistical data systems; organize the coordination of connection and sharing of data and information between state statistical data systems; formulate standards and carry out assessment of quality of statistical data in the field of statistics;

c) Build the system of statistical indicators, statistical reporting regimes, statistical investigation and classification programs in accordance with regulations of law.

16. Organize and direct the implementation of plans on scientific research and application of scientific and technological advances in the fields within the scope of its management.

17. Manage and organize the application of information technology and digital transformation in the fields and sectors within the scope of its management. Build, manage, operate and ensure information safety of information systems and databases; publicly disclose and provide information/data in the fields and sectors within the scope of its management in accordance with regulations of law.

18. Conduct international cooperation in the fields within the scope of its management in accordance with regulations of law.

19. Perform state management of public services rendered in the fields within the scope of its management in accordance with regulations of law; manage and direct operations of its affiliated public administrative units; manage the Small and Medium Enterprise Development Fund (SMEDF).

20. Manage non-governmental organizations or associations engaged in the fields within the scope of its management in accordance with regulations of law.

21. Carry out inspection and settle any received complaints and denunciations; perform the tasks of anti-corruption and misconduct; thrift practice and waste combat in use of assigned assets and funding; inspect and monitor the enforcement of laws in accordance with regulations of law; take actions within its competence or request competent authorities to take actions against violations committed in the fields and sectors within the scope of its management.

22. Decide and direct the implementation of its administrative reform programs according to the objectives and contents of the state administration reform program after obtaining approval from the Prime Minister.

23. Manage organizational structure, official payroll; job positions, professional title-based structure of public employees and number of persons working in public administrative units; make decisions on internal transfer, assignment, appointment, discharge, dismissal, resignation, commendation and reward, disciplinary actions; implement policies on salaries and other benefits; provide training and retraining for officials, public employees and workers within the scope of its management in accordance with regulations of law.

24. Manage financial sources and assigned assets, and use allocated state budget in accordance with regulations of law.

25. Perform other tasks and powers as assigned by the Government or the Prime Minister and as prescribed by law.

Article 3. Organizational structure

1. Department for National Economic Issues.

2. Department for Local and Regional Economy.

3. Financial and Monetary Department.

4. Department of Industrial and Service Economy.

5. Department of Agricultural Economy.

6. Department of Infrastructure and Urban Centers.

7. Department of Economic Zones Management.

8. Department of Investment Supervision and Appraisal.

9. Foreign Economic Relations Department.

10. Department for Labour, Culture and Social Affairs.

11. Department of Science, Education, Natural Resources and Environment.

12. Department of Planning Management.

13. Department of National Defense, Security.

14. Department of Legislation.

15. Department of Organization and Personnel.

16. Ministry Office.

17. Ministry Inspectorate.

18. Public Procurement Agency.

19. Enterprise Development Agency.

20. Foreign Investment Agency.

21. Business Registration Management Agency.

22. Agency for Cooperative Development.

23. General Statistics Office.

24. Institute for Development Strategy.

25. Central Institute of Economic Management.

26. Information Technology and Digital Transformation Center.

27. Vietnam Investment Review.

28. Academy of Policy and Development.

The organizations referred to in Clauses 1-23 of this Article shall assist the Minister of Planning and Investment of Vietnam in performing the state management functions; the organizations referred to in Clauses 24-28 of this Article are administrative units serving the Ministry’s state management functions.

The Department for National Economic Issues is comprised of 03 divisions; the Department for Local and Regional Economy is comprised of 04 divisions; the Foreign Economic Relations Department is comprised of 05 divisions.

The Minister of Planning and Investment of Vietnam shall request the Prime Minister to define the functions, tasks, powers and organizational structure of the General Statistics Office; promulgate the list of its affiliated public administrative units.

The Minister of Planning and Investment of Vietnam shall stipulate the functions, tasks, powers and organizational structures of its affiliated agencies, except the General Statistics Office.

Article 4. Transition

The National Centre for Socio-Economic Information and Forecast, Economic – Planning Cadre Training Center, and the Economy and Forecast Review shall continue their operations in accordance with prevailing regulations until merger procedures are completed by competent authorities.

Article 5. Effect

1. This Decree comes into force from November 01, 2022.

2. This Decree supersedes the Government’s Decree No. 86/2017/ND-CP dated July 25, 2017 defining functions, tasks, powers and organizational structure of the Ministry of Planning and Investment of Vietnam.

Article 6. Responsibility for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, and Chairpersons of provincial People’s Committees are responsible for the implementation of this Decree.