DECREE
Detailing the implementation of a number of articles of the Ordinance on Hanoi capital
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 26, 2003 Law on Organization of the People's Councils and the People's Committees;
Pursuant to the December 28, 2000 Ordinance on Hanoi Capital;
At the proposal of the president of the People's Committee of Hanoi city in Report No. 53/TTr-UB of September 17, 2004, and Official Dispatches No. 4218/UB-NC of November 12, 2004, and No. 11/BC-UB of March 9, 2005,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of regulation
This Decree details the implementation of a number of articles of the Ordinance on Hanoi Capital regarding mechanisms, policies, responsibility assignment and State management decentralization in economic, educational, scientific and technological, social and cultural domains, urban management, and investment in the construction and development of the Capital.
Article 2.- Strategy on the Capital's socio-economic development
1. The construction and development of the Capital shall be carried out according to its socio-economic development strategy and planning.
The People's Committee of Hanoi city shall, basing itself on resolutions of the People's Council, formulate the strategy and planning on the Capital's socio-economic development and submit them to the Government for approval.
2. The strategy on the Capital's socio-economic development must meet the following requirements:
a/ To fully formalize objectives of constructing and developing the Capital, defined in Ordinance on the Capital and this Decree;
b/ To clearly define responsibilities of the People's Committee of Hanoi city, the concerned provincial/municipal People's Committees, ministries and branches for the realization of the strategy on the Capital's socio-economic development.
3. Ministries and branches must formulate their branch development strategies related to the Capital, which must be in line with the strategy on the Capital's socio-economic development.
Article 3.- Policies on construction and development of the Capital
1. The Capital is a key area for special concentrated investment with financial, budgetary, personnel, scientific and technological and other resources in order to ensure that the construction and development objectives defined in Article 3 of the Ordinance on Hanoi Capital shall be achieved.
2. The construction and development of the Capital shall be carried out in a coordinative and comprehensive manner under plannings, programs and plans, clearly defining key tasks for each area, branch or domain being clearly defined so as to meet the Capital construction and development requirements in each period.
3. Works and projects in fields for which the State has adopted incentive policies shall enjoy preferential treatment at the highest level provided for by law.
On the basis of laws, ordinances and legal documents of superior-level State agencies, the People’s Council and People's Committee of Hanoi city shall adopt particular mechanisms and policies in order to accelerate socio-economic development and encourage the socialization in various domains in the locality.
4. In case of necessity, the People's Committee of Hanoi city may hire foreign specialists to formulate the Capital's development planning.
Article 4.- Assignment and decentralization of responsibilities for investment in the construction and development of the Capital
1. The Government shall direct and assign State management agencies at the central level and localities across the country to mobilize resources for the construction and development of the Capital.
2. The Prime Minister shall directly instruct the construction and development of the Capital. The president of the People's Committee of Hanoi city shall directly administer the construction and development of the Capital.
3. Ministries, ministerial-level agencies and Government-attached agencies shall, within the scope of their tasks and powers, have to guide and coordinate with the People's Committee of Hanoi city in performing tasks of constructing and developing the Capital; to settle or propose the Prime Minister to settle in time problems arising in the process of performing socio-economic tasks of the city.
Within 30 days after receiving written consultations or requests of the People's Committee of Hanoi city, the concerned ministries and branches shall have to reply in writing on issues falling under their respective handling competence. Past the above-said time limit, if the ministries and branches fail to reply, the People's Committee of Hanoi city may decide on such issues and bear responsibility for the legality of their decisions before law, the Government and the Prime Minister.
Chapter II
ECONOMIC, EDUCATIONAL AND TRAINING, SCIENTIFIC AND TECHNOLOGICAL, CULTURAL AND SOCIAL DEVELOPMENT
Section 1. ECONOMIC DEVELOPMENT
Article 5.- Development of services
1. The ministries and central branches shall have to coordinate with the People's Council and People’s Committee of Hanoi city in formulating mechanisms, policies and specific solutions for the development of high-quality services. The State Bank and the Ministry of Finance shall, within the scope their respective competence, provide for financial and monetary policies and measures in order to build Hanoi city into a financial-monetary center of the region and the whole country.
2. Apart from common preferential treatments adopted by the State, the People's Committee of Hanoi city shall propose competent State agencies to decide on preferential policies and incentive mechanisms for investment in high-level services in the domains of trade, finance, banking, tourism, technology transfer, human resource training, mass transit and new services.
3. Services shall be given priority in terms of capital allocation, human resources, equipment and facilities, and material foundations in order to fully tap potentials and advantages in service of socio-economic development of the Capital and the strategy on socio-economic development of the whole region.
Article 6.- Development of industries
1. The Ministry of Industry shall formulate its development planning, annual, five-year and long-term plans and plans on important works, clearly defining parts related to the Capital and consulting the People's Committee of Hanoi city before submitting them to the Prime Minister for consideration and approval, and organize and direct the implementation thereof once they are approved.
The Ministry of Industry and the Ministry of Finance shall, within the scope of their respective competence, provide for specific policies and measures to build Hanoi city into an engineering-automation center of the whole country.
2. On the basis of the industrial sector's plannings and plans already approved by the Prime Minister, the People's Council and People's Committee of Hanoi city may:
a/ Propose the Prime Minister to request the Ministry of Industry to realize the approved plannings and plans. For land-related contents of the plannings and plans, which the Ministry of Industry fails to realize within 12 months or to complete within 24 months as from the date such plannings and plans are approved, the People's Committee of Hanoi city shall report thereon to the Prime Minister and propose the Prime Minister to assign the People's Committee of Hanoi city to organize the realization in strict accordance with approved plannings and plans;
b/ Rationally re-arrange the Capital's industrial network and efficiently exploit the land fund in conformity with branch plannings;
c/ Decide on measures to mobilize capital for the development of hi-tech industries, aiming to create new products with high economic efficiency and competitiveness;
d/ Propose competent State agencies to decide on the reduction of land rents and provision of preferential loans in order to encourage enterprises of all economic sectors to invest in production development and boost the export of informatic, electronic, biological, mechanical and automatic commodities, the production and use of new materials, the processing of agricultural, forestry and aquatic products and commodities of high competitiveness of the Capital;
e/ Decide on mechanisms and policies to accelerate the renewal, reorganization and development of state enterprises; to build industrial enterprises in rural areas.
Article 7.- Development of agriculture and suburban economy
1. The Ministry of Agriculture and Rural Development shall formulate development plannings, annual, five-year and long-term plans along the direction of rural industrialization and modernization and promotion of exports and plans on important works of the branch, clearly defining parts related to the Capital and consulting the People's Committee of Hanoi city thereon before submitting them to the Prime Minister for consideration and approval, organize and direct the implementation thereof once they are approved.
2. On the basis of the agricultural, industrial and commercial plannings and plans already approved by the Prime Minister, the People's Council and People's Committee of Hanoi city may:
a/ Propose the Prime Minister to request the Ministry of Agriculture and Rural Development, the Ministry of Industry and the Ministry of Trade to organize the implementation of the approved plannings and plans;
b/ Decide on measures for the implementation of the Capital-related contents of the plannings and plans already approved by the Prime Minister;
c/ Formulate policies to attract capital sources for development of the Capital's suburban economy and agriculture toward ecological agriculture; give priority to developing clean agricultural products; gradually increase the industrial and service ratios in the structure of rural economy; step by step reduce agricultural labor and raise the use efficiency of agricultural land;
d/ Propose competent State agencies to decide on preferential policies for domestic and foreign organizations and individuals that invest in the production, processing and export of clean foodstuff; expand cooperation and coordination so as to create markets for the consumption of agricultural products;
e/ Promulgate regulations to conserve, restore, consolidate and develop traditional craft villages in a selective manner; upgrade new production and business lines of high-quality that attract local labor.
Section 2. EDUCATIONAL AND TRAINING DEVELOPMENT
Article 8.- Development of tertiary and post-graduate education
1. The Ministry of Education and Training as well as ministries and branches managing universities located in the Capital shall have to:
a/ Formulate their branches' development plannings, annual, five-year and long-term plans and plans on important projects, clearly defining parts related to the Capital and consulting the People's Committee of Hanoi city thereon before submitting them to the Prime Minister for consideration and approval; organize and direct the implementation thereof once they are approved;
b/ Decide, within their respective competence, plan on gradually relocating universities, colleges and vocational training schools to the suburbs and neighboring provinces; elaborate plans on training norms; decide on measures to raise training quality; authorize and decentralize training management to principals of universities and colleges in order to meet the requirements of training human resources for the Capital and the whole country;
c/ Invest in, and upgrade a number of existing universities and colleges in Hanoi city so as to raise their training quality and upgrade their material foundations up to regional and world standards;
d/ Assume the prime responsibility for, and coordinate with the Ministry of Education and Training in, promulgating the Regulation on management of universities' and colleges' students; invest in boarding accommodation for students of universities and colleges in the locality.
2. The People's Committee of Hanoi city shall assume the prime responsibility for, and coordinate with the Ministry of Education and Training in, making plannings on the construction of student villages with coordinated and modern material foundations, thus creating cultural-educational environment for universities and colleges in the locality.
Article 9.- Development of the general education and job-training systems of the Capital
1. The People's Council and People's Committee of Hanoi city shall have to:
a/ Decide on measures to mobilize investment capital for the construction, renovation and upgrading of material foundations of intermediate, vocational and general education schools, pre-schools, nurseries and other educational establishments managed by the municipal People's Committee;
b/ Decide on mechanisms, policies and specific measures to encourage organizations and individuals to invest in the development of education and training in the locality; coordinate and cooperate with domestic and foreign organizations and individuals in order to expand educational and training establishments and forms aiming to raise the quality and meet socio-economic development requirements of the city and neighboring provinces; adopt policies on allowances for teachers and support for learning in difficulty-hit and underdeveloped geographical areas.
c/ Decide on shifting intermediate vocational schools and job-training establishments under the municipal People's Committee to operate in the semi-public form;
d/ Take initiative in coordinating with the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Education and Training in studying and proposing particular mechanisms and policies for the Capital so as to develop the systems of general education and job training in the locality.
2. The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the concerned ministries and branches in:
a/ Formulating plans on and investing in the upgrading and development of job-training systems in the Capital under their respective management so as to train skilled technical workers in service of the Capital's economic development and labor export;
b/ Coordinating with the People's Committee of Hanoi city in executing projects on raising the job-training quality of the Capital.
Section 3. SCIENTIFIC AND TECHNOLOGICAL DEVELOPMENT
Article 10.- Scientific and technological development
1. Responsibilities of the Ministry of Science and Technology as well as ministries and branches:
a/ The Ministry of Science and Technology shall formulate branch development plannings, annual, five-year and long-term plans and plans on important works, clearly defining parts related to the Capital and consulting the People's Committee of Hanoi city thereon before submitting them to the Prime Minister for consideration and approval; organize and direct the implementation thereof once they are approved;
b/ The Ministry of Science and Technology and the Ministry of Finance shall have the right to decide, within their competence, specific policies and measures to build Hanoi city into a center for research into, and application of, information technology and bio-technology of the whole country;
c/ The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment, the Ministry of Finance and the concerned ministries and branches in, balancing plans of their respective branches with requirements of the city so as to invest in the construction of a number of research institutes and laboratories up to regional and international standards in the Capital;
d/ The Ministry of Science and Technology, ministries and branches shall have to formulate regulations on support for the City in forming a network of scientific and technological research institutes, and using research institutes and laboratories under their respective management in service of requirements of construction and development of the Capital.
2. The People's Committee of Hanoi city shall have to:
a/ Formulate the Capital's plannings and plans on scientific and technological development, giving priority to developing high technologies in the domains of information-electronics, biology, engineering-automation, new materials production and use;
b/ Decide on measures to encourage domestic and foreign organizations and individuals to invest in the construction of establishments for scientific and technological research, development and application in the locality; promulgate the Regulation on the employment and hiring of specialists in activities of construction and development of the Capital.
c/ Set up, manage and use the scientific and technological development fund.
Article 11.- Creation of a technology market
1. The Ministry of Science and Technology shall have to:
a/ Assume the prime responsibility for, and coordinate with concerned ministries and branches and the People's Committee of Hanoi city in, studying and formulating the regulations on organization and operation of technological information, brokerage and transfer centers and industrial property assistance centers;
b/ Step up the application of advanced quality management methods in production and service enterprises so as to contribute to sustaining a high-quality environment in the Capital.
2. The People's Committee of Hanoi city shall promulgate the Regulation on management, formulation and development of technology market in the locality in service of the Capital's socio-economic development objectives.
Section 4. SOCIAL AND CULTURAL DEVELOPMENT
Article 12.- Cultural development
1. The Ministry of Culture and Information shall have to:
a/ Formulate branch development plannings, annual, five-year and long-term plans and plans on important works, clearly defining parts related to the Capital and consulting the People's Committee of Hanoi city thereon before submitting them to the Prime Minister for consideration and approval, and organize and direct the implementation thereof once they are approved;
b/ Invest in the construction, embellishment and management of national cultural works of great importance in Hanoi; reach agreement with the People's Committee of Hanoi city before promulgating the Regulation on management, exploitation and use of these works; draw a list of national cultural works in Hanoi managed by the Ministry and transfer other cultural works to the city for management in 2007;
c/ To coordinate with the People's Committee of Hanoi city in proposing the Prime Minister to decide on provision of support for projects of the People's Committee of Hanoi city on conservation and embellishment of historical and cultural relics, scenic places, old quarters and streets and construction of typical cultural works in the Capital and the whole country.
2. The People's Committee of Hanoi city shall have to formulate and organize the realization of the scheme on conservation and development of the Capital's traditional culture; promulgate regulations on cultured standards and cultured lifestyle in operation of State management agencies and daily-life activities of residents of the Capital.
Article 13.- Consolidation and perfection of the healthcare system
1. Responsibilities of the Ministry of Health and concerned ministries and branches:
a/ The Ministry of Health shall formulate its development plannings, annual, five-year and long-term plans and plans on important works, clearly defining parts related to the Capital and consulting the People's Committee of Hanoi city thereon before submitting them to the Prime Minister for consideration and approval; organize and direct the implementation thereof once they are approved;
b/ The Ministry of Health and the Ministry of Finance shall, within their competence, have to:
- Provide for specific policies and measures to build Hanoi city into a gene and genetic technology research and development center of the whole country;
- Invest in the upgrading of hospitals and pharmaceutical production establishments managed by the Ministry, which are currently located in the Capital, into modern and high-quality medical and pharmaceutical centers;
- Plan and build some large-scale high-quality hospitals in suburban Hanoi, neighboring provinces and key economic regions so as to reduce overload for hospitals in the inner city.
2. The People's Committee of Hanoi city shall have to invest in the upgrading and development of medical examination and treatment system and pharmaceutical system of the city and health stations of wards, communes and townships in conformity with the planning on development of the health network in the locality and the Health Ministry's regulations on branch conditions and standards, meeting the increasing and diversified demand of the Capital's people; elaborate plans on the upgrading and development of health centers in urban and rural districts into general hospitals.
3. The People's Committee of Hanoi city may mobilize human and material resources of centrally-run medical establishments located in the Capital to overcome consequences caused by natural disasters and epidemics; and to apply measures for epidemic prevention and control.
Article 14.- Physical training and sport development
1. The Committee for Physical Training and Sports shall have to:
a/ Invest in the construction of modern sport complexes, sport centers and national physical training and sport establishments up to the regional and international standards;
b/ Coordinate with the People's Committee of Hanoi city in performing tasks defined in Clause 1 of this Article.
2. The People's Committee of Hanoi city shall have to:
a/ Make plannings on physical training and sport establishments in line with detailed plannings on urban districts, rural districts, population quarters and new urban centers;
b/ Concentrate efforts on developing a number of high-achievement sports which are typical of physical training and sports activities of the Capital and the whole country;
c/ Propose competent State agencies to promulgate preferential policies to encourage organizations and individuals to set up physical training and sport establishments in the locality.
Chapter III
THE CAPITAL’S URBAN MANAGEMENT, CONSTRUCTION AND DEVELOPMENT
Section 1. URBAN PLANNING AND CONSTRUCTION MANAGEMENT
Article 15.- Architectural and construction planning management
The People's Council and People's Committee of Hanoi city shall have to:
1. Decide on the formulation of and approve detailed plannings on new urban centers, administrative-political and administrative-economic quarters, trade, financial, external, cultural, and sport centers, and rural population quarters; and based on the Capital planning already approved by the Prime Minister to drive Hanoi city's architecture along the direction of modernization, conservation and maintenance of Hanoi's typical architecture, ensuring the coordination and conformity with historic, political and cultural nature, population and development conditions of the Capital.
2. Promulgate the Regulation on architectural management and construction planning in each area in conformity with the Capital's particularities.
3. Build a system for public provision of information on architectural plannings, enabling all organizations and individuals to enquire thereinto.
Article 16.- Measures for dwelling house construction and management
1. The People's Council and People's Committee of Hanoi city shall have to:
a/ Decide on areas where construction investment shall be made for the purposes of dealing in dwelling houses, areas where the dealing in, ownership or use of, dwelling houses are subject to certain conditions;
b/ Decide on measures to encourage organizations or individuals to invest in the construction and development of dwelling houses;
c/ Decide on incentives in the sale and lease of dwelling houses to social policy beneficiaries, public servants or low-income earners in the locality;
d/ Apply measures for the establishment, organization and management of the real estate market;
e/ Promulgate regulations on management of dwelling house quality, standards, technical norms and construction unit prices suitable to the Capital's conditions, after obtaining the written consent of the Minister of Construction;
f/ Provide for the minimum ground floor in each area in the inner city and new urban centers required for the construction of multi-story dwelling houses;
g/ Make the synthesis and classification for handling according to the provisions of law before granting house-ownership certificates to cases of buying and selling dwelling houses of lawful origin or with legal recognition by people who do not have permanent residence registration in Hanoi city.
2. Centrally-run agencies and organizations located in Hanoi city shall have to coordinate with the People's Committee of Hanoi city in settling lodging for public servants when recruiting or receiving them to work in the Capital.
Section 2. MANAGEMENT OF LAND, POPULATION AND ENVIRONMENT
Article 17.- Land management
1. The People's Committee of Hanoi city shall have to:
a/ Decide on the number of land fund-development organizations and land-use right registries in the locality; to promulgate Regulation on the organization and operation of these organizations;
b/ Decide on necessary measures to speed up the grant of land-use right certificates in conformity with the reality and land management in the locality, to complete the grant of land-use right certificates and house ownership certificates to organizations and individuals based in the Capital;
c/ On basis of land price bracket promulgated by the Government, decide on and announce prices of each category of land in the locality in conformity with the targets of urban development plannings and practical situation in the Capital's real estate market;
d/ Organize the compilation of cadastral dossiers; set up a system of information on land management;
e/ Decide on the recovery of land in old locations of enterprises subject to relocation under plannings of the municipal People's Committee;
f/ Assume the prime responsibility for, and coordinate with the Ministry of Finance in, making the inventory of land and houses under the State ownership and being used by central and local administrative and non-business agencies as well as enterprises in the locality for handling or proposing competent authorities to handle cases of wrong or extravagant use, so as to make full use of the State property;
g/ To issue documents on compensation, resettlement and construction of resettlement houses in accordance with the provisions of law and real estate market in the city.
2. Ministries and central branches shall have to implement and direct their Hanoi-based establishments to strictly abide by land-related regulations of the People's Committee of Hanoi city.
Article 18.- Management of population
The People's Council and People's Committee of Hanoi city shall have to:
1. Manage the immigration into the Capital under plannings approved by the Prime Minister; control the population in conformity with the population size, density and structure under the general planning and in conformity with the Capital's construction and development requirements.
2. Decide on measures to enhance household registration management so as to ensure the quality and rational size of population in urban districts, new urban centers and areas with high population density.
3. Promulgate regulations on, and closely manage labor force in the locality, especially self-employed and seasonal laborers; encourage organizations and individuals to set up job-placing centers
4. Coordinate with administrations of other provinces in implementing measures to restrict spontaneous immigrants being seasonal laborers, street beggars and mental disease patients.
5. Promulgate and implement regimes to support and encourage those who voluntarily move from the inner city to the suburbs and migrants from Hanoi city to other localities.
6. Propose competent State agencies to promulgate preferential policies for the recruitment of on-the-spot laborers for training so as meet professional requirements; create conditions for skilled laborers and specialists to live and work in Hanoi.
Article 19.- Enhancement of environmental management and protection
1. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the People's Committees of Hanoi city and concerned provinces in, formulating and organizing the implementation of plans on protection of environment in the Red river, Nhue river and Day river basins; and at the same time, to reach agreement with the People's Committee of Hanoi city on investment plans for development of an environment-observation network and methods for exploiting environment-observation stations invested and built by the Ministry in Hanoi city.
2. Ministries and branches shall have to work out plans and relocate polluting production establishments, industrial parks and hospitals under their respective management from the inner city before 2010.
The People's Committee of Hanoi city shall have to bear full responsibility for the management and protection of the Capital's environment under the Law on Environmental Protection and provisions of Clause 1, Article 15 of the Ordinance on Hanoi Capital:
a/ To decide on necessary measures for protection of the Capital's environment according to the provisions of law after they are approved by the municipal People's Council;
b/ To issue regulations to encourage organizations and individuals in socialization of environmental protection activities;
c/ To set up the environmental protection fund with capital initially funded by State budget and additionally supplemented from other sources, including environmental protection charges;
d/ To ensure land fund for the relocation of polluting production establishments, industrial parks and hospitals from the inner city and densely populated areas.
Section 3. DEVELOPMENT OF THE URBAN TECHNICAL INFRASTRUCTURE SYSTEM
Article 20.- Plannings and plans on development of technical infrastructure system
1. The Ministry of Industry, the Ministry of Post and Telematics, the Ministry of Defense, and the Ministry of Public Security shall have to coordinate with the People's Committee of Hanoi city in formulating plans on development of a coordinated and modern information system and electricity-supply system; the ministries and branches that manage and use electric and communication works shall have to coordinate with the People's Committee of Hanoi city in replacing the system of overhead cables and wires in Hanoi with underground ones before 2010.
2. The Ministry of Agriculture and Rural Development shall have to coordinate with the People's Committee of Hanoi city in re-planning the city's dike system, eliminating a number of old dike sections which are no longer useful; efficiently exploit the land fund along two banks of the Red river according to the provisions of law.
3. The People's Council and People's Committee of Hanoi city shall have to:
a/ Coordinate with the Ministry of Transport, the Ministry of Natural Resources and Environment and the Ministry of Construction in formulating plans on construction investment and uniform management of the system of urban transport; the system of underground works including technical tunnels, water supply and drainage; waste treatment and environmental sanitation works;
b/ Build roadside streets in coordination with road construction, ensuring civilized streets with modern architecture and landscape;
c/ Formulate general schemes on the management and use of land fund outside the Red river's dike, including the scheme on the Red river's embankment, planning on flood water-drainage system, planning on residential quarters along the two banks in the Capital's area and report them to the Government for consideration and subsequent submission to the National Assembly for decision.
Article 21.- Management of the urban technical infrastructure system
1. The People's Committee of Hanoi city shall propose the People's Council to decide on assorted charge rates for the use of urban technical infrastructures under the city's management according to the provisions of law.
2. The People's Committee of Hanoi city shall assume the prime responsibility for, and coordinate with the Ministry of Transport, the Ministry of Post and Telematics, the Ministry of Agriculture and Rural Development, the Ministry of Industry and concerned ministries and branches in, promulgating the Regulation on coordinated investment, exploitation and use of urban technical infrastructures invested and built by ministries in the Capital's area.
Chapter IV
INVESTMENT IN THE CAPITAL'S CONSTRUCTION AND DEVELOPMENT
Article 22.- Land-use right auction
1. The People's Committee of Hanoi city shall be entitled to mobilize and use proceeds from the auction of land-use rights for investment in the development of the city's socio-economic infrastructures according to the provisions of law.
2. Based on capital demand for development investment under the city's plannings and the existing land fund, the People's Committee of Hanoi city shall advance capital for projects on the construction of technical infrastructures in land lots subject to land-use right auction. The advances shall be refunded after the auction completes.
Article 23.- Capital advancement and regulations on charge and fee rates
After reaching agreement with the Ministry of Finance, the People's Committee of Hanoi city shall:
1. Advance dormant capital from the central budget and other sources (without having to pay charges) so as to accelerate the construction of works and projects funded with the city's budget as well as the attainment of other objectives and the performance of other tasks of the city. The city shall have to balance its budget for debt repayment upon maturity.
2. Propose the People's Council to decide on the charge and fee rates and contributions, regimes, criteria and spending norms according to the provisions of law in conformity with the city’s characteristics and the balancing capability of the city's budget.
Article 24.- Decentralization of investment management
The president of the People's Committee of Hanoi city shall have the right:
1. To decide on investment projects on the construction of new urban centers, dwelling houses, urban technical infrastructures, technical infrastructures, social infrastructures and agricultural and rural development, which are funded with the city's budget or lawful capital sources mobilized by the city regardless of investment capital amounts of the projects.
2. To approve foreign direct investment (FDI) projects with a total investment of up to USD 40 million each, except for projects in fields otherwise provided for by the Government, investment projects funded with official development assistance (ODA) capital with a total investment capital of up to USD 2 million each and ODA-funded projects with a total investment capital of up to USD 10 million each, provided that the city is able to balance sources for debt repayment.
3. To authorize the presidents of the People's Committees of rural or urban districts and the heads of the city's departments and services to decide on group-C projects and to make investment in projects funded with domestic capital sources falling under the competence of the president of the People's Committee of Hanoi city.
Chapter V
IMPLEMENTATION PROVISIONS
Article 25.- Responsibilities for the implementation of the Decree
1. The ministers, the heads of ministerial-level agencies and Government-attached agencies, the chairman of the People's Council and the president of the People's Committee of Hanoi city, the chairmen of provincial/municipal People's Councils and the presidents of People's Committees shall have to implement this Decree.
2. The ministries and branches shall, within the scope of their respective tasks and powers, have to coordinate with the People's Council and People's Committee of Hanoi city in organizing the implementation of this Decree.
Article 26.- Implementation effect
1. This Decree takes effect 15 days after its publication in "CONG BAO."
2. In cases where the Government's regulations issued before the effective date of this Decree are contrary to this Decree, the provisions of this Decree shall apply.
On behalf of the Government
Prime Minister
PHAN VAN KHAI
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Thủ tướng |
(Signed) |
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Phan Van Khai |