Nghị quyết 54/2017/QH14 về thí điểm cơ chế, chính sách đặc thù phát triển Thành phố Hồ Chí Minh do Quốc hội ban hành

RESOLUTION

ON PILOT IMPLEMENTATION OF PARTICULAR POLICIES FOR DEVELOPMENT OF HO CHI MINH CITY

NATIONAL ASSEMBLY

Pursuant to Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on National Assembly organization No.57/2014/QH13;

Pursuant to the Law on Government organization No.76/2015/QH13;

Pursuant to the Law on Local Government organization No.77/2015/QH13;

Pursuant to the Law on Promulgation of legislative document No.80/2015/QH13;

HEREBY DECIDES:

Article 1. Scope

This Resolution prescribes the pilot implementation of particular policies applied to Ho Chi Minh City (hereinafter referred to as "City") on management of land, investment, state finance and state budget and the authorization mechanism among different government levels as well as pay rate of public officials and public employees under management of the City.

Article 2. Regulated entities

1. Regulatory agencies, political organizations and individuals political and social organizations

2. Socio-political and professional organizations, social organizations and individuals socio-professional organizations

3. Other relevant organizations and individuals

Article 3. Land management

1. People’s Council of the City shall decide to convert paddy land of at least 10 ha in consistent with the paddy land use planning or plan approved by competent authorities. 

2. The decision on converting the paddy land prescribed in clause 1 in this Article shall be made publicly upon opinions of the people of the country and people suffering effect from conversion of land use purpose in accordance with the Law on Land.

3. The order and procedure for converting paddy land of at least 10 ha prescribed in this Article is the same as those for converting paddy land under 10 ha in accordance with provisions of the Law on Land.

Article 4. Investment management

1. People’s Council of the City shall decide the investment guidelines of  group A projects funded by the City budget in accordance with the Law on public investment, except projects prescribed in point a, b, c and d in clause 1 in Article 8 of the Law on public investment No.49/2014/QH13.

2. The order and procedure for deciding the investment guidelines of group A projects funded by the City budget prescribed in clause 1 in this Article shall be carried out as follows:

a) The report on prefeasibility study shall be made, appraised and adjusted in compliance with regulations in point a, b and c in clause 2 in Article 23 of the Law on public investment No.49/2014/QH13;

b) People’s Committee of the City shall send People’s Council of the City the investment guidelines as prescribed in point b in clause 2 in Article 29 of the Law on public investment No.49/2014/QH13.

Article 5. Management of state finance and state budget

1. People’s Council of the City shall send a proposal to the Government for consideration which is then submitted to the Standing Committee of National Assembly for issuing a decision on pilot increase in tax or tax rate applied to goods subject to special excise duty and environmental protection duty in the City.  The extra amount of tax or tax rate shall not exceed 25% of current tax amount or current tax rate.

2. People’s Council of the City shall decide to:

a) apply fees and charges not prescribed in the List of fee and charge issued together with the Law on Fees and Charges;

b) increase amount of fee and charge or rate of fee and charge approved by competent authorities with regard to fees and charges prescribed in the List of fee and charge issued together with the Law on Fees and Charges. 

3. The pilot implementation of the policy on state budget revenues in the City prescribed in clause 11 and 2 in this Article must comply with the following principles:

a) Ensure there is a roadmap suitable for the level and development requirement of the City; create favorable environment for production and business, especially for small-and medium-scale enterprises, industries and professions subject to incentive investment;

b) Ensure the consistency in the market, not obstruct goods circulation and regulate logically goods, services and legal revenues of organizations and individuals in the City;

c) Publicly and transparently reform state administration including administrative reform in tax management

4.  100% extra amount from adjusting the revenue policy prescribed in clause 1 and 2 in this Article used for socio-economic infrastructure investment which is funded by the City budget may be retained the City budget and such amount shall not be used to determine the rate of revenues distributed between central budget and City budget.

5. Based upon annual state budget cost estimate decided by National Assembly, the Prime Minister shall assign People’s Council of the City to decide, according to reality of the City, cost estimate and allocate the City budget in consistent with orientation of budget restructure, socio-economic development and development of key sectors in accordance with regulations issued by National Assembly and Government.

6. The City shall implement the mechanism for mobilizing resources to adjust the pay as regulated.  If the policy on adjusting pay rate and social security policies over the budget stability period could be funded entirely by the City budget as decided by competent authorities, People's Council of the City may decide to:

a) utilize the unused funding from the City budget for pay rate adjustment policy and permit inferior authorities to use such surplus funding for the investment in socio-economic infrastructure which is funded by the City budget and giving extra pay to employees in accordance with regulations in clause 3 and 5 in Article 6 hereof; 

b) remain the rate of revenue distribution for the purpose of mobilizing resources to logically adjust the pay rate in agencies and entities with considerable revenues under management, permit those agencies and entities to independently allocate resources for adjusting pay rate according to the roadmap decided by competent authorities and may not ask for state budget to finance such pay rate adjustment policy applied to those agencies and entities.

c) permit state administrative agencies, political organizations, political-social organizations and individuals public service providers under the City's management to use the surplus funding for the purpose of covering extra expenditures on investment, purchase, professional works of those agencies, organizations and giving extra pay to employees in accordance with regulations in clause 3 and 5 in Article 6 hereof.

7. The City may get loans through offering local government bonds or ask for loans from domestic financial institutions, other domestic organizations and Government's external loans for on-lending in such a way that total outstanding loan amount shall not excess 90% of revenues retained by the City budget.  Annual total loan amount and City budget deficit shall be decided by National Assembly in accordance with provisions of the Law on State Budget.

8. The Government shall send the Standing Committee of National Assembly annual proposal for decision on dedicated additional funding amount provided from central budget to the City budget which is equal to 70% of the revenue increase of central budget from revenues distributed between central budget and City budget compared to budget estimate by the Prime Minister (the amount deducted from bonuses for excess revenues in accordance with regulations in clause 4 in Article 59 of the Law on State Budget No.83/2015/QH13) and revenue increase from revenues wholly retained by central budget as prescribed in point b, c, d, g, h, i and q in clause 1 in Article 35 of the Law on State Budget No.83/2015/QH13 compared to the budget estimate by the Prime Minister; the dedicated additional funding amount shall not exceed the revenue increase of central budget in the locality compared to that in the previous year.

9. The City government authority may retain 50% of the collected land use levy if the public property directly attached to land managed by agencies, organizations or entities located in the City (except agencies and entities of national defense and security) is sold in accordance with provisions of the Law on Management and use of public properties for socio-economic infrastructure investment which is included in the public investment duty of the City (after expenses incurred on relocating or constructing infrastructure in new area are deducted).

10. Proceeds from equitization and state divestment of state-owned enterprises under management of People’s Committee of the City and proceeds from state divestment of business entities in which the People's Committee of the City exercises rights and obligations of the state capital owner on behalf of the state may be retained by the City budget.

Such proceeds and City budget may be used for socio-economic infrastructure investment and investment in projects for flood prevention of the City; VND 10,000 billion from central budget shall not be distributed to the City budget for implementing those projects as expected in the plan for medium-term public investment over the period of 2016-2020.

Loans of the City budget may be raised from total funding increase compared to the total investment amount (if any) of projects with foreign capital decided by competent authorities.

11. With regard to essential projects for infrastructure investment included in approved plan for medium-term public investment funded by central budget in the City, the City budget, other legal financial sources of the City, loans prescribed in clause 7 in this Article or resources mobilized in the form of PPP may be used to quickly complete those projects.  The expenditure estimate by central budget as approved by competent authorities shall be refunded to the City budget but not includes the loan interest generating from the current plan for medium-term public investment or such future plan.

Article 6. Authorization mechanism and pay of public officials and public employees under management of the City

1. Chairperson of People’s Committee of the City may authorize Chairperson of People’s Committee of district to exercise some of his/her obligations and rights.

2. Chairperson of People's Committee of the City may decide which obligation and right may be assigned to Chairperson of People's Committee of commune by Chairperson of People’s Committee of district as authorized and must not exercise obligations and rights that are authorized as prescribed in clause 1 in this Article.  

3. People’s Council of the City may decide the allocation of City budget for giving extra average pay to public officials and public employees working in localities under state management or working in political organizations, political and social organizations and public service providers under management of the City according to job performance in addition to extra pay given in accordance with provisions of the law on financial autonomy mechanism applied to administrative agencies and public service providers in such a way that the extra pay amount shall not exceed 1.8 times the pay rate based upon pay scale and pay according to job title.  Pay rate of experts, scientists and talents of the City shall be decided by the City People’s Council.

4. People’s Committee of the City may change the name, functions and duties of departments of professional agencies affiliated to People's Committee of the City in consistent with the City's characteristics.

5. Regulations in clause 3 and 4 in this Article must be implemented in combination with organizational structure establishment, redundancy and pay rate adjustment under guidance of the Communist Party and Government.

Article 7. Law enforcement

1. Management of land, investment, state finance and state budget, authorization mechanism among different government levels and pay rate of public officials and public employees under management of the City shall comply with regulations herein.  If there is no regulation on above-mentioned matters prescribed herein, regulations of the law in force will be imposed.

2. With regard to a single matter, if regulations herein are inconsistent with those in the law or other Resolutions of National Assembly, regulations herein will prevail.   In case there are other legislative documents prescribing incentive policies or policies creating more favorable conditions than those in this Resolution, People's Council of the City shall decide whether to adopt these policies.

3. Proposals relating to mechanism or policy prescribed herein shall be submitted to competent authorities for consideration under the procedure established in accordance with law in force.

Article 8. Implementation provisions

1. This Resolution comes into force from January 15, 2018.

The Government shall submit a report on 3-year-implementation of this Resolution to National Assembly in the meeting by the end of 2020 and a report on full implementation of this Resolution by the end of 2022 as well as a proposal for completing the legislative system of pilot mechanism and policy.

2. The Government shall take responsibility to:

a) organize the implementation of this Resolution and instruct relevant agencies to cooperate with the City in adjusting the procedure and shortening the time for dealing with issues not authorized to the City;

b) conduct a research for completing the decentralization mechanism for budget management, distribute revenues and allocate expenditure duty, establish principles, criteria and level for budget allocation in consistent with requirements for rapid and sustainable socio-economic development, adopt appropriate encouragement policies, ensure the leading role of central budget; restructure state budget and manage public debts for the purpose of ensuring sustainable national finance, determine the rate to logically regulating revenues distributed between various levels of budget and enable the City to mobilize resources for rapid and sustainable development according to the vision developed by the Communist Party and Government.

c) instruct the City government to send preliminary and extensive review as well as report on implementation to National Assembly;

d) establish and submit the Law on tax imposed on properties which is adopted nationwide to National Assembly for promulgation.

3. People’s Council and People’s Committee of the City, as authorized, shall take responsibility to:

a) implement this Resolution and comply with relevant law provisions;

b) inspect and supervise performance of tasks and rights authorized in clause 1 in Article 6 herein and satisfy regulations on tasks and rights permitted to be authorized as prescribed in clause 2 in Article 6 herein;

c) make a preliminary and extensive review of pilot implementation of mechanism and policy prescribed herein and send a report to the Government which is then submitted to National Assembly for considering and deciding in accordance with regulations in clause 1 in this Article.

4. National Assembly, the Standing Committee of National Assembly, Council for Ethnic Affairs, Committees of National Assembly, Deputies of National Assembly in the City and Deputies of National Assembly shall supervise the implementation of this Resolution.

This Resolution is passed by 14^th National Assembly of Socialist Republic of Vietnam in the 4^th meeting on November 24, 2017.