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NATIONAL ASSEMBLY OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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Resolution No. 136/2024/QH15
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Hanoi, June 26, 2024
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RESOLUTION
ORGANIZATION OF URBAN GOVERNMENT AND PILOT IMPLEMENTATION OF
SPECIFIC REGULATIONS AND POLICIES ON DA NANG CITY DEVELOPMENT
NATIONAL ASSEMBLY OF VIETNAM
Pursuant to the
Constitution of the Socialist Republic of Vietnam;
Pursuant to the Law on
Amendments to the Law on Credit Institutions of Vietnam dated November 57/2014/QH13,
65/2020/QH14;
Pursuant to the Law on
Local Government Organization No. 77/2015/QH13 amended by Law No. 21/2017/QH14
and Law No. 47/2019/QH14;
Pursuant to Law on
Promulgation of Legislative Documents No. 80/2015/QH13 amended by Law No.
63/2020/QH14;
HEREBY RESOLVES:
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GENERAL
PROVISIONS
Article
1. Scope
This Resolution provides
for the organization of the urban government and the pilot implementation of
specific regulations and policies on the development of Da Nang City (hereinafter
referred to as “City”) regarding the management of finance and state budget;
management of investment; management of planning, urban matters, natural
resources, and environment; prioritized professions for attracting strategic
investors to the City; establishment of Da Nang Free Trade Zone; investment in
the development of semiconductor circuits, artificial intelligence, information
and communications, scientific and technological management, and innovation.
Article
2. Regulated entities
1. State authorities,
political organizations, and socio-political organizations.
2. Socio-vocational
political organizations, social organizations, and socio-vocational
organizations.
3. Other relevant
organizations and individuals.
Article
3. Interpretation of terms
For the purpose of this
Resolution, the following terms shall be construed as follows:
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2. Strategic partners
concerning semiconductor circuits and artificial intelligence shall meet
the following conditions:
a) Being enterprises
operating in fields included in the list of professions prescribed in Clause 1
Article 12 of this Resolution;
b) Having signed
Memorandums of Understanding with the People’s Committee of the City concerning
cooperation in semiconductor circuits and artificial intelligence;
c) Having global revenues
of the nearest year of more than 25.000 billion VND;
d) Having declared to
assist the City with software, hardware, personnel training, and other contents
for the development of semiconductor circuits and artificial intelligence;
d) Having declared
long-term development in the City for at least 5 years.
3. Incubation
facilities for innovative entrepreneurship projects and startups (hereinafter
referred to as “incubation facilities”) are facilities providing conditions
concerning technical infrastructures, resources, and necessary services for
innovative entrepreneurship projects and startups to complete their business
ideas and develop enterprises during the early stages of establishment.
4. Innovative
entrepreneurship support intermediaries are organizations promoting
business, organizations supporting innovative entrepreneurship, centers
providing services for innovative entrepreneurship support, technical
facilities providing support for small and medium-sized enterprises, incubation
facilities, co-working areas supporting small and medium-sized startups,
centers promoting and supporting technology transfer operations, innovation
support centers, innovation centers, and organizations providing general
equipment.
5. Innovative spaces
and co-working areas are common workplaces, spaces for exhibiting products,
and areas providing utilities for supporting and connecting startups.
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7. Logistics centers refer
to consistent infrastructures for implementing operations concerning transport,
logistics services, and goods distribution, including services of goods
receipt, transport, storage, customs procedures, other procedures, customer
counseling, packaging, mark labeling, goods delivery, and other services
concerning goods.
Chapter
II
URBAN
GOVERNMENT ORGANIZATION
Article
4. Organization of urban government in City
1. The local governments
in the City include the People’s Council of the City and the People’s Committee
of the City.
2. The local governments
in districts of the City are the People’s Committees of districts.
People’s Committees of
districts are state administrative agencies in districts carrying out tasks and
entitlements under this Resolution and decentralization and authorization of
the People’s Committee of the City and the President of the People’s Committee
of the City.
3. The local governments
in wards of districts of the City are the People’s Committees of wards.
People’s Committees of
wards are state administrative agencies in wards carrying out tasks and
entitlements under this Resolution and decentralization and authorization of
the People’s Committee of the City, the President of the People’s Committee of
the City, People’s Committees of districts, and Presidents of People’s
Committees of districts.
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Article
5. People’s Council of City
1. The People’s Council of
the City shall carry out the tasks and entitlements prescribed in the Law on
Local Government Organization and other relevant laws and the following tasks
and entitlements:
a) Decide on the local
state budget revenue estimates; estimates of local budget revenues and
expenditures and allocate budget estimates of the same level, including budget
estimates of inferior local governments; adjust the local budget estimates in
necessary cases; approve local budget settlement;
b) Decide on long-term,
medium-term, and annual socio-economic development plans of the City, including
medium-term and annual socio-economic development plans of districts and annual
socio-economic development plans of wards;
c) Approve guidelines on
the establishment, dissolution, merger, division, and boundary adjustment of
administrative divisions of districts and wards;
d) Supervise compliance
with the Constitution and the law and the implementation of resolutions of the
People’s Council of the City in districts and wards; supervise the operations
of People’s Committees of districts, People’s Committees of wards, People’s
Courts of districts, and People’s Procuracy Authorities of districts;
dd) Deputies of the
People’s Council of the City may question Presidents of People’s Committees of
districts, Chief Justices of People’s Courts of districts, and
Procurators-General of People’s Procuracy Authorities of districts. The
People’s Council of the City shall consider answering questions for questioned
persons;
e) Vote for Juries of People’s
Courts of districts according to recommendations from the Vietnamese Fatherland
Front Committee of the City; dismiss Juries of People’s Courts of districts
according to requests of the Chief Justice of the People’s Court of the City
after coming to term with the Vietnamese Fatherland Front Committee of the same
level;
g) Decide on the number
of officials working in wards and communes based on the type of administrative
divisions of communes, economic activities, local characteristics, population
scales, and increased natural areas of administrative divisions of communes
according to regulations of the Government of Vietnam.
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The Department of the
People’s Council of the City shall have a Head, 2 Vice Heads, and members. The
Head of the People’s Council of the City may be a full-time deputy of the
People’s Council; Vice Heads of the People’s Council of the City are full-time
deputies of the People’s Council. The Department of the People’s Council of the
City may arrange 1 full-time member. The full-time member may receive salaries
according to current regulations applicable to officials, title-based allowances
equivalent to those for heads of departments, and other benefits and policies
according to the law.
3. The People’s Council
of the City shall establish a Department of Food Safety as a specialized agency
of the People’s Committee of the City; stipulate functions, tasks,
entitlements, and organizational apparatus of the Department of Food Safety on
the basis of transferring the state management of food safety, inspection,
handling of administrative violations against regulations on food safety from
the Departments of Health, Department of Agriculture and Rural Development, and
Department of Industry and Trade to the Department of Food Safety.
Article
6. People’s Committee of City and President of People’s Committee of City
1. The People’s Committee
of the City shall carry out the tasks and entitlements prescribed in the Law on
Local Government Organization and other relevant laws and the following tasks
and entitlements:
a) Develop and request
the People’s Council of the City to decide on the contents prescribed in Points
a and b Clause 1 Article 5 of this Resolution and implement resolutions of the
People’s Council of the City. Decide to assign and adjust tasks of budget
revenues and expenditures to affiliated districts and wards and decide on the
guidelines and solutions to the implementation of local budgets, including
budgets of districts and wards, based on resolutions of the People’s Council of
the City;
b) Decide on the
investment guidelines of projects and programs of groups B and C using public
investment under the management of districts and wards;
c) Decide on the
establishment, reorganization, dissolution, and name change and stipulate the
functions and tasks of specialized agencies of People’s Committees of
districts, ensuring compliance with the maximum number of specialized agencies
according to regulations of the Government of Vietnam; organize the management
of multiple sectors and fields, ensuring simplification, efficiency,
effectiveness, and adequate implementation of the functions and tasks of state
management of People’s Committees of districts.
2. The President of the
People’s Committee of the City shall carry out the tasks and entitlements
prescribed in the Law on Local Government Organization and other relevant laws
and the following tasks and entitlements:
a) Appoint, dismiss,
mobilize, transfer, send on secondment, provide commendation, impose
disciplinary actions, and suspend Presidents of People’s Committees of
districts, Vice Presidents of People’s Committees of districts, Presidents of
People’s Committees of island districts, and Vice Presidents of People’s
Committees of districts;
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Article
7. Organizational structure, working regulations, tasks, and entitlements of
People’s Committees of districts
1. The organizational
structure of a People’s Committee of a district includes the President of the
People’s Committee of the district; Vice Presidents of the People’s Committee
of the district; the General Commander of the Military Command of the district;
the Head of the Public Security Office of the district; specialized agencies of
the People’s Committee of the district; other administrative agencies and
public service providers of the People’s Committee of the district. A type-I
People’s Committee of a district shall have no more than 3 Vice Presidents, and
a type-II People’s Committee of a district shall have no more than 2 Vice
Presidents.
Presidents of People’s
Committees of districts and Vice Presidents of People’s Committees of districts
shall be officials holding positions of managers or leaders of People’s
Committees of districts.
2. Working regulations of
People’s Committees of districts:
a) Heads of People’s
Committees of districts shall be responsible for their operations, ensuring
democratic centralism;
b) Presidents of People’s
Committees of districts shall be heads of People’s Committees of districts,
taking responsibility before the People’s Council of the City, the People’s
Committee of the City, the President of the People’s Committee of the City, and
the law regarding the implementation of tasks and entitlements of the People’s
Committees of districts.
Presidents of People’s
Committees of districts shall appoint, dismiss, mobilize, transfer, send on
secondment, provide commendation, impose disciplinary actions, and suspend the
work of Presidents of People’s Committees of wards, Vice Presidents of People’s
Committees of wards, and heads and vice heads of specialized agencies of
People’s Committees of districts; recruit and manage officials and public
employees under their scope of management according to the law; sign documents
of People’s Committees of districts;
c) Vice Presidents of
People’s Committees of districts shall assist Presidents of People’s Committees
of districts in implementing work as assigned by People’s Committees of
districts and take responsibility before Presidents of People’s Committees of
districts regarding assigned tasks. When the President of the People’s
Committees of a district is absent, 1 Vice President authorized by the
President shall represent the President to administrate and settle the work of
the People’s Committee of the district.
3. People’s Committees of
districts shall have the following tasks and entitlements:
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b) Propose investment
guidelines for public investment programs and projects using the state budget
to the People’s Committee of the City; participate in providing feedback on
investment guidelines of projects under the jurisdiction of competent
authorities and individuals prescribed by the Law on Public Investment
requiring participation of People’s Councils of districts; implement public
investment programs and projects and relevant planning in their areas according
to management decentralization;
c) Stipulate the
organizational apparatus and specific tasks and entitlements of specialized
agencies of People’s Committees of districts in conformity with actual
situations of the state management in urban areas of the City;
d) Assume responsibility
for the effectiveness and efficiency of the operations of the state
administrative system from the district level to the grassroots level, ensuring
the consistency and coherence of the administrative affairs; implement
administrative reform and the reform of official works and officials in the
local state administrative systems;
dd) Propose and cooperate
with competent authorities in implementing tasks of national defense and security,
solutions to the assurance of social order and safety, and combat against
crimes and law violations in their areas according to management
decentralization;
e) Implement tasks
concerning the organization and assurance of the implementation of the
Constitution, laws, government development, administrative boundaries,
education, training, science, technology, culture, information, physical
training, sports, health, labor, social policies, ethnic policies, religious
policies, judicial administration, judicial assistance, environmental
protection solutions, prevention and control of fires and explosions,
preparation and management of natural disasters and epidemics, population
management, and other tasks and entitlements according to the law in their areas;
g) Manage and use
assigned offices, assets, working equipment, and state budget according to the
law;
h) Inspect and settle
complaints, denunciations, law violations, and citizen reception according to
the law;
i) Implement tasks and
entitlements authorized and decentralized by superior state authorities;
k) Decentralize and
authorize People’s Committees of districts; authorize specialized agencies,
other administrative agencies, and public service providers of People’s
Committees of districts to implement tasks and entitlements of People’s
Committees of districts according to the law;
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m) Make decisions on
tasks requiring approval from People’s Councils of districts before any
decision; present decisions on tasks under the jurisdiction of People’s
Councils of districts to the People’s Committee of the City according to the
law;
n) Implement other tasks
and entitlements prescribed by the law in accordance with this Resolution.
Article
8. Organizational structure, working regulations, tasks, and entitlements of
People’s Committees of wards; management of officials of wards and communes
1. The organizational
structure of a People’s Committee of a ward includes the President of the
People’s Committee of the ward; Vice Presidents of the People’s Committee of
the ward; the General Commander of the Military Command of the ward; the Head
of the Public Security Office of the ward; other officials working at the
People’s Committee of the ward. A type-I or type-II People’s Committee of a
ward shall have no more than 2 Vice Presidents, and a type-III People’s
Committee of a ward shall have 1 Vice President.
Presidents of People’s
Committees of wards and Vice Presidents of People’s Committees of wards shall
be officials holding positions of managers or leaders of People’s Committees of
wards.
2. Working regulations of
People’s Committees of wards:
a) Heads of People’s
Committees of wards shall be responsible for their operations, ensuring
democratic centralism;
b) Presidents of People’s
Committees of wards shall be heads of People’s Committees of wards, taking
responsibility before Presidents of People’s Committees of districts and the
law regarding the implementation of tasks and entitlements of People’s
Committees of wards; directly manage and use officials according to regulations
of the Government of Vietnam and authorization and decentralization of the
People’s Committee of the City, the President of the People’s Committee of the
City, People’s Committees of districts, and Presidents of People’s Committees
of districts; sign documents of People’s Committees of wards.
c) Vice Presidents of People’s
Committees of wards shall assist Presidents of People’s Committees of wards in
implementing work as assigned by People’s Committees of wards and take
responsibility before Presidents of People’s Committees of wards regarding
assigned tasks. When the President of the People’s Committees of a ward
is absent, 1 Vice President authorized by the President shall represent the
President to administrate and settle the work of the People’s Committee of the
ward.
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a) Implement tasks and
entitlements of budget estimate units affiliated with People’s Committees of
districts according to the Law on State Budget;
b) Propose investment
guidelines for public investment programs and projects using the state budget
to People’s Committees of districts for presentation to authorities competent
to decide on investment guidelines; participate in providing feedback on
investment guidelines of projects under the jurisdiction of competent authorities
and individuals prescribed by the Law on Public Investment requiring
participation of People’s Councils of communes; implement public investment
programs and projects according to management decentralization;
c) Propose and cooperate
with competent authorities in implementing tasks of national defense and
security, solutions to the assurance of social order and safety, and combat
against crimes and law violations in their areas according to management
decentralization;
d) Cooperate with
Vietnamese Fatherland Front Committees of the same level in establishing
Election Teams for deputies of the National Assembly of Vietnam and Election
Teams for deputies of People’s Councils;
dd) Implement tasks and
entitlements authorized and decentralized by superior state authorities;
e) Implement tasks of
organizing and ensuring the implementation of the Constitution, the law, and
documents of superior state authorities in their areas;
g) Decide on tasks
requiring approval from People’s Councils of wards before any decisions;
present decisions on tasks under the jurisdiction of People’s Councils of wards
to People’s Committees of districts according to the law;
h) People’s Committees of
wards do not have the authority to promulgate legislative documents;
i) Implement other tasks
and entitlements prescribed by the law in accordance with this Resolution.
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Chapter
III
PILOT
IMPLEMENTATION OF SPECIFIC REGULATIONS AND POLICIES ON DA NANG CITY DEVELOPMENT
Article
9. Investment management
1. The separation of
projects on compensation, support, resettlement, and site clearance from public
investment projects shall be carried out as follows:
a) The People’s Council
of the City shall decide on the investment guidelines of a comprehensive
project with project scales of group B concerning traffic according to the
public investment laws and may decide on the separation of the compensation,
support, resettlement, and site clearance as independent projects before
approving the investment guidelines of the comprehensive project; decide on
objectives, scales, total investment, capital source structure, and investment
locations of projects on compensation, support, resettlement, and site
clearance at the decision on investment guidelines of the comprehensive
project.
b) The President of the
People’s Committee of the City shall, based on the investment guidelines of the
comprehensive project, decide on the investment and revision to projects on
compensation, support, resettlement, and site clearance within the objectives,
scales, total investment, capital source structure, and implementation
locations of the comprehensive project.
In cases where revisions
to projects on compensation, support, resettlement, and site clearance incur
factors requiring revisions to the investment guidelines of the comprehensive
project, the People’s Council of the City shall revise the investment
guidelines of the comprehensive project before the President of the People’s
Committee of the City revise projects on compensation, support, resettlement,
and site clearance. Revisions to investment guidelines of the
comprehensive project and projects on compensation, support, resettlement, and
site clearance shall comply with public investment laws and other relevant
laws;
c) Decisions on
investment in projects on compensation, support, resettlement, and site
clearance shall be the grounds for competent authorities to decide on the
allocation of capital of annual public investment plans for implementation and
for competent state authorities to issue notices on land appropriation and
decisions on land appropriation;
d) The People’s Council
of the City shall promulgate a list of public investment projects subject to
separation of projects on compensation, support, resettlement, and site
clearance from public investment projects under this Clause.
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a) Aside from PPP
investment fields under the Law on Public-Private Partnership Investment, the
City may apply PPP investment to investment projects concerning sports,
culture, and investment in the construction and business of market infrastructures;
b) The total investment
for a PPP project on investment in the construction and business of market
infrastructures shall not be less than 100 billion VND. The mandatory total
investment of a PPP project concerning sports or culture shall be stipulated by
the People’s Council of the City;
c) The People’s Committee
of the City shall promulgate prices for services of lease of trading areas at
markets for inclusion in investor selection bidding documents;
d) Procedures for
implementing PPP projects prescribed in this Clause shall comply with
public-private partnership investment laws and other relevant laws;
dd) The People’s Council
of the City shall specify the contents of PPP projects concerning sports,
culture, and investment in the construction and business of market
infrastructures in pre-feasibility study reports, feasibility study reports,
and standards of assessment of bids and PPP project contracts.
3. Public service
providers assigned to manage and trade technical infrastructures of public-invested
industrial clusters shall be entitled to the State’s land allocation and lease
and may sub-lease land. The People’s Committee of the City shall
stipulate financial regulations and the authority to determine and decide on
lease prices and entities eligible for lease in conformity with the actual
conditions of the City.
Article
10. Management of finance and state budget
1. In the first year of
the period of budget stabilization, the Government of Vietnam shall consider
requesting the National Assembly of Vietnam to decide on the appropriate
regulation rate for the City Budget to ensure resources for the implementation
of the socio-economic development objectives of the City.
2. The City shall implement
the mechanism for creating salary reform sources as per regulation. After
the City Budget has ensured sufficient salary reform sources and implemented
policies on social security for the whole period of budget stabilization
according to regulations of competent authorities, the People’s Council of the
City may decide on the use of the residual salary reform sources of the City
Budget for investment in socio-economic infrastructures subject to tasks
concerning expenditures of the City Budget and expenditures on increased income
in compliance with Clause 1 Article 15 of this Resolution.
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a) Fees and charges not
prescribed in the list of fees and charges enclosed with the Law on Fees and
Charges;
b) Adjustments to the
collection rate of fees and charges decided by competent authorities regarding
fees and charges in the mentioned list, except for legal fees, court fees, and
other fees that must be transferred in full/100% of which must be transferred
to the central government budget.
c) The pilot
implementation of policies on fees and charges in the City prescribed in Points
a and b of this Clause must have roadmaps appropriate to the capacity and
development requirements of the City; create a favorable business environment
for enterprises; ensure the consistency of the market and not obstruct the
circulation of goods and services; reasonably regulate goods, services, and
legal income of organizations and individuals in the City; ensure transparency,
publicity, and state administrative reform.
4. The City Budget may
retain 100% of the revenues increased from the adjustment to policies on fees
and charges according to Points a and b Clause 3 of this Article to invest in socio-economic
infrastructure subject to tasks concerning expenditures of the City Budget.
Such revenues shall not be used to determine the percentage (%) of revenues
distributed between the central government budget and the City Budget.
5. The City may take out
loans by issuing local government bonds and taking out loans from domestic
financial organizations, other domestic organizations, and foreign loans
borrowed by the Government of Vietnam and on-lent to the City with a total loan
balance not exceeding 80% of the retainable budget revenues of the City. The
total loan balance and budget deficit of the City shall be annually decided by
the National Assembly of Vietnam under the Law on State Budget.
6. Estimates of budget
expenditures of People’s Committees of districts of the City and estimates of
budget expenditures of People’s Committees of wards of districts may allocate
the undistributed amount accounting for 2% to 4% of the total district or ward
budget expenditures to make expenditures on preparation, management, and remedy
for consequences of natural disasters, epidemics, emergencies, catastrophes,
hunger safety, essential tasks of national defense and security, and other
necessary tasks, ensuring that the total allocation of undistributed amounts of
the budgets of districts and wards and local budget reserves do not exceed 2%
to 4% of the total local budget expenditures.
Presidents of People’s
Committees of districts and Presidents of People’s Committees of wards shall decide
on expenditures from undistributed amounts; People’s Committees of wards shall
submit biannual reports to People’s Committees of districts for summary and
reports to the People’s Committee of the City for reports to the People’s
Council of the City at the closest meeting.
7. The pilot
implementation of financial policies on the implementation of measures to
reduce greenhouse gas emissions (GHG emissions) following policies on carbon
credit exchange and offsetting is as follows:
a) Carbon credits arising
from programs and projects under policies on carbon credit exchange and
offsetting funded by the City Budget may be traded with domestic and
international investors. The People’s Committee of the City shall cooperate
with the Ministries of Industry and Trade, Transport, Agriculture and Rural
Development, Construction, Natural Resources and Environment, and Finance of
Vietnam and relevant ministries and central authorities in determining the rate
of contribution to the reduction of GHG emission and absorption in the City for
the national objective of GHG emission reduction before carbon credit
transactions.
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c) The People’s Council
of the City shall decide to use revenues from carbon credit transactions for
programs and projects on responses to climate change and the development of a
green economy, digital economy, and circular economy in the City.
Article
11. Management of planning for urban areas, natural resources, and environment
1. The Prime Minister of
Vietnam shall, based on projects on planning for urban areas of the City and
planning for the construction of specialized areas approved by the Prime
Minister of Vietnam, decentralize the People’s Committee of the City to approve
the local adjustments to the planning for urban areas of the City and the
planning for the construction of specialized areas following the procedures
stipulated by the Prime Minister of Vietnam and submit reports on the
implementation results to the Prime Minister of Vietnam;
2. The conditions for
issuance of construction permits with definite terms for public works,
including houses, parking lots, and public restrooms on land managed by the
State, are as follows:
a) The public works are
in areas subject to subdivision planning, subdivision planning for the
construction of specialized areas, detailed planning, or detailed planning for
the construction of specialized areas approved and disclosed by competent state
authorities that have yet to be implemented;
b) The scale of the
public works conforms with construction standards, not overloading the
infrastructure and ensuring urban scenery, safety for works and neighboring
works, requirements for environmental protection, prevention and control of
fires and explosions, and technical infrastructure safety; the existing
duration of the public works complies with plans for the implementation of
subdivision construction planning, subdivision planning for the construction of
specialized areas, detailed planning, or detailed planning for the construction
of specialized areas approved by competent state authorities;
c) When the existing
duration of public works prescribed in construction permits with definite terms
expires but the planning for construction is implemented, or upon requests of
competent state authorities, investors shall demolish the works. If they fail
to perform the demolition and pay all relevant costs, they shall be coerced to
carry out the demolition. If the construction planning is not implemented after
the construction permits expire, investors may continue to use the works until
demolition requests from competent state authorities;
d) The People’s Council
of the City shall stipulate the authority and procedure for issuing
construction permits with definite terms.
3. Management Boards of
hi-tech parks and industrial zones of Da Nang may appraise, approve, and
approve adjustments to tasks and detailed construction planning projects within
the scope of hi-tech parks, centralized information technology parks, and
industrial zones; appraise and approve the results of the assessment of
environmental impact reports under the jurisdiction of the People’s Committee
of the City; issue, re-issue, adjust, and revoke environmental licenses under
the jurisdiction of the People’s Committee of the City and People’s Committees
of districts within the scope of hi-tech parks, centralized information
technology parks, and industrial zones.
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5. The land expropriation
of several projects in the City shall be performed as follows:
a) Regarding projects on
construction of industrial zones, hi-tech parks, and centralized information
technology parks with scales of 100 ha or more; specialized areas of the Free
Trade Zone of Da Nang, logistics centers, national and local technical
infrastructures, traffic infrastructures, and urban areas with scales of 50 ha
or more subject to land expropriation by the State according to land laws;
independent public investment projects on compensation and resettlement support
prescribed in Clause 1 Article 9 of this Resolution, the People’s Council of
the City shall, based on the district-level planning for land use and annual
district-level plans for land use, promulgate a list of projects to be
implemented before the inspection, survey, measurement, tally, and verification
regarding the origin of land and property affixed to land following the
procedures prescribed in this Clause;
b) State authorities
competent to expropriate land according to the Law on Land shall, based on the
list prescribed in Point a of this Clause, issue notices on the inspection,
survey, measurement, tally, and verification of the origin of land and property
affixed to land.
The mentioned notices shall
be sent to each land user, notified on mass media, and listed at the
headquarters of People’s Committees of communes and common living places in
residential areas;
c) Organizations
performing tasks of compensation and site clearance under land laws may, based
on the notices prescribed in Point b of this Clause, implement the inspection,
survey, measurement, tally, and verification of the origin of land and property
affixed to land before competent state authorities issue land expropriation
notices.
People’s Committees of
communes shall cooperate with the organizations mentioned above in inspecting,
surveying, measuring, tallying, and verifying the origin of land and property
affixed to land.
Land users shall
cooperate with the organizations mentioned above in inspecting, surveying,
measuring land area, and preparing statistical reports on housing and property
affixed to land to prepare schemes for compensation, support, and resettlement;
d) After the selection of
investors for projects according to the law or public investment projects
subject to investment decisions of competent state authorities regarding
projects prescribed in Point a Clause 5 of this Article, state authorities
competent to expropriate land under the Law on Land shall issue notices on land
expropriation and use the results of the inspection, survey, measurement,
tally, and verification of the origin of land and property affixed to land to
implement Points b and c of this Clause to prepare schemes for compensation,
support, and resettlement.
The preparation,
appraisal, approval, and implementation of schemes for compensation, support,
and resettlement and land expropriation decisions shall comply with land laws;
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6. Regarding investors
currently implementing projects on domestic solid waste treatment that
voluntarily convert all of the projects’ technologies to domestic solid waste
treatment with energy recovery, the People’s Committee of the City shall
consider making decisions under the form of order placement for the volumes of
solid domestic waste. The People’s Council of the City shall promulgate
criteria, standards, conditions, norms, unit prices, and order placement prices
concerning the ordered volume of solid domestic waste and take responsibility
for ensuring the publicity, transparency, reasonableness, efficiency, and
prevention of loss, waste, and negativity.
Article
12. Strategic investor attraction
1. List of prioritized
professions, occupations, and projects prioritized for attracting strategic
investors to the City:
a) Investment in the
construction of innovative centers, data centers, and research and development
centers (R&D) associated with training; investment in research and support
for hi-tech transfer in information technology, artificial intelligence (AI),
biotechnology, automation technology, new material technology, and clean energy
with investment scales of at least 2.000 billion VND;
b) Investment in projects
in the semiconductor integrated circuit industry, design technology, component
manufacturing, integrated electronic circuit (IC), printed electronics (PE),
new technology batteries, national defense industry, and lists and hi-tech
products approved by the Prime Minister of Vietnam with investment scales of at
least 4.000 billion VND;
c) Investment in the construction
and business of the infrastructures of specialized areas of the Free Trade Zone
of Da Nang according to planning approved by competent authorities, including
Trade – Service Area with investment scales of at least 3.000 VND; Logistics
Center associated with Lien Chieu Seaport with investment scales of at least
3.000 billion VND; Manufacturing Area with investment scales of at least 3.000
billion VND;
d) Investment in the
development and business of inland waterway tourism with investment scales of
at least 8.000 billion VND;
dd) Investment in the
development of the comprehensive project on Lien Chieu Seaport with investment
scales of at least 45.000 billion VND.
2. Strategic investors
shall have written commitments to comply with the obligations and
responsibilities prescribed in Clauses 7 and 8 of this Article; written
commitments to train and develop personnel sources, satisfy conditions for
national defense and security assurance, and protect the environment under the
laws of Vietnam, and shall:
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b) Have a charter capital
of at least 1.000 billion VND when implementing investment projects prescribed
in Points b and c Clause 1 of this Article and experience in investment in
projects in equivalent fields with an investment capital of at least 2.000
billion VND; or
c) Have a charter capital
of at least 2.000 billion VND when implementing investment projects prescribed
in Point d Clause 1 of this Article and experience in investment in projects in
equivalent fields with an investment capital of at least 2.000 billion VND; or
d) Have a charter capital
of at least 9.000 billion VND when implementing investment projects prescribed
in Point dd Clause 1 of this Article and experience in investment in projects
in equivalent fields with an investment capital of at least 25.000 billion VND.
3. Strategic investors or
competent state authorities shall, based on the list of prioritized professions
and occupations for attracting strategic investors prescribed in Clause 1 of
this Article, propose investment projects according to the following
regulations:
a) Regarding projects
concerning AI technologies, semiconductor circuit technologies, and
semiconductor integrated circuit industry prescribed in Points a and b Clause 1
of this Article with requests for the State’s land lease, strategic investors
shall be entitled to land leased by the State through auction of land use
rights or investor selection bid and investment guidelines approval or investor
approval by competent authorities not through auction of land use rights or
investor selection bidding. Investment procedures shall comply with
investment laws. The determination of land prices and financial
obligations shall comply with land laws and relevant laws;
b) Regarding projects
prescribed in Clause 1 of this Article not subject to Point a of this Clause,
authorities competent to approve investment guidelines shall perform procedures
for approving investment guidelines following investment laws and Clause 4 of
this Article.
4. Procedures for registering
the implementation of projects and selecting strategic investors for projects
not specified in Clause 4 Article 29 of the Law on Investment shall be
performed as follows:
a) Competent investment
registration agencies of the City shall, based on decisions on approval for
investment guidelines of projects prescribed in Point b Clause 3 of this
Article, disclose information on projects, preliminary requirements for
capacity and experience of investors, and conditions for determining strategic
investors on Vietnam E-Procurement System;
b) Investors shall, based
on the disclosed information as prescribed in Point a of this Clause, prepare
and submit applications for project implementation. An application
includes project implementation registration documents; profile of the
investor's legal status, capacity, and experience; documents proving the
satisfaction of conditions prescribed in Clause 2 of this Article, and other
relevant documents (if any);
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d) In case there is only
1 investor that has applied and meets all of the preliminary requirements for
capacity and experience or there are many investors but only 1 meets the
preliminary requirements, such an investor shall be approved under investment
laws;
dd) In case there are 2
or more investors meeting the preliminary requirements for capacity and experience,
1 of which is determined to meet the conditions for strategic investors as
prescribed in Clause 2 of this Article, that strategic investor shall be
approved under investment laws;
e) In case there are 2 or
more investors meeting the preliminary requirements for capacity and
experience, 2 of which are determined to meet the conditions for strategic
investors as prescribed in Clause 2 of this Article, competent state
authorities may apply bidding laws to organize the selection of investors among
those meeting conditions for strategic investors;
g) The People’s Committee
of the City shall elaborate on the disclosure forms of information on projects
to attract strategic investors, including preliminary requirements for capacity
and experience of investors and applications for project implementation.
5. Strategic investors
may receive:
a) Inclusion of
deductible costs to the determination of income taxable for R&D equal to
150% of the actual cost for such operation when determining income subject to
corporate income tax. Actual R&D costs shall be determined under accounting
laws.
b) Prioritization in
customs procedures under customs laws and tax procedures under the law on
duties for imports and exports of investment projects implemented by the
strategic investors in the City upon satisfaction of conditions for
prioritization policies of customs and tax laws, except for conditions for
import-export turnover.
6. Strategic investors
implementing projects concerning AI technologies, semiconductor circuit technologies,
semiconductor integrated circuit industry, information technology, innovation,
and research and development associated with training may select the form of
the State’s land lease under one-off arrangements. The determination of
land prices and financial obligations regarding the State’s land lease under
one-off arrangements shall comply with land laws and relevant laws.
7. Strategic investors
shall:
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b) Regarding investment
projects prescribed in Points a, b, and c Clause 1 of this Article, disburse
investment within 5 years; regarding investment projects prescribed in Point d
Clause 1 of this Article, disburse investment within 7 years from the issuance
date of decisions on approval for investment guidelines, decisions on investor
approval, or certificates of investment registration. During the period
mentioned above, strategic investors are forbidden from transferring projects;
c) Regarding investment
projects prescribed in Point dd Clause 1 of this Article, disburse investment
within 10 years from the date of on-site handover of land or water surfaces.
Strategic investors are forbidden from transferring projects for 10 years
from the issuance date of decisions on investor approval;
d) Provide financial
support for the provision of occupational training for affected workers in the
project areas; prioritize the employment of local workers for the projects;
perform their commitments to applying and transferring advanced, new, and high
technologies (if any).
8. During the
implementation of investment projects, if strategic investors fail to meet
conditions for capital, disbursement progress, and other conditions for
strategic investors, they shall not receive the incentives prescribed in this
Resolution. Investors shall be responsible for consequences due to
improper performance of their commitments under laws.
Article
13. Establishment of Free Trade Zone of Da Nang
1. Establishment of the
Free Trade Zone of Da Nang associated with Lien Chieu Seaport. A free
trade zone is a specialized area with determined geographical boundaries
established for the pilot implementation of regulations and policies to attract
investment, finance, trade, tourism, and high-quality services.
2. The Free Trade Zone of
Da Nang shall have specialized areas prescribed in the decision on the
establishment of the Free Trade Zone of Da Nang of the Prime Minister of
Vietnam, including manufacturing areas, logistics centers, trade-service areas,
and other specialized areas according to the law. Specialized areas of
the Free Trade Zone of Da Nang shall be separated from outside areas via solid
fences, ensuring the customs inspection, supervision, and control by customs
authorities and the state management of corresponding fields by relevant
agencies according to the law. The relations of goods trading and
exchange between specialized areas of the Free Trade Zone of Da Nang and
outside areas are import and export relations according to customs, tax, and
import and export laws.
3. The authority and
procedures for establishing the Free Trade Zone of Da Nang and its specialized
areas shall be as follows:
a) The Prime Minister of
Vietnam shall decide on the establishment, adjustment, and expansion of the
boundaries of the Free Trade Zone of Da Nang. Procedures for
establishing, adjusting, and expanding the boundaries of the Free Trade Zone of
Da Nang shall be implemented similarly to the procedures for establishing,
adjusting, and expanding the boundaries of economic zones according to the law;
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c) The People’s Committee
of the City shall approve the investment guidelines of projects on investment
in the construction and business of the infrastructures of specialized areas of
the Free Trade Zone of Da Nang. Procedures for approving investment
guidelines shall be implemented similarly to the procedures for approving
investment guidelines of projects under the jurisdiction of provincial People’s
Committees according to investment laws. During the implementation of
procedures for investment guideline approval, the People’s Committee of the
City shall decide on the collection of feedback from relevant ministries and
central authorities and the investment guideline approval under its
jurisdiction.
4. Land policies
applicable to the Free Trade Zone of Da Nang:
a) Land expropriation for
the construction of items and works for establishing the Free Trade zone of Da
Nang shall comply with Article 79 of the Law on Land. Procedures for preparing
the land expropriation shall comply with Clause 5 Article 11 of this
Resolution. Land expropriation, compensation, support, and resettlement shall
comply with land laws;
b) Where the proposed
location of the Free Trade Zone of Da Nang is undetermined in the planning or
plans for land use of the City or upon adjustments to the approved scale and
location, the People’s Committee of the City shall summarize relevant matters
for presentation to the People’s Council of the City for approval, assurance of
the limit for land use criteria allocated by competent authorities, and
addition to district-level annual land use plans and updates to the upcoming
period of planning and plans for land use of the City and district-level
authorities;
c) Investors selected for
investment in the construction and business of the infrastructures of
specialized areas of the Free Trade Area of Da Nang shall be entitled to land
leased by the People’s Committee of the City and have rights and obligations
similar to investors with land leased by the State for the implementation of
projects on investment in the construction and business of the infrastructures
of industrial zones under land laws;
d) Investors sub-leasing
land in specialized areas of the Free Trade Zone of Da Nang shall have rights
and obligations similar to sub-lessees of land associated with infrastructures
in industrial zones according to land laws.
5. Polices on investment
incentives in the Free Trade Zone of Da Nang:
a) Operational terms of
projects on investment in the construction and business of the infrastructures
of specialized areas of the Free Trade Zone of Da Nang and projects of
investors sub-leasing land in the Free Trade Zone of Da Nang shall be applied
similarly to investment projects in economic zones under investment laws;
b) Foreign investors
establishing economic organizations in the Free Trade Zone of Da Nang shall not
be required to have investment projects and implement procedures for issuing
and adjusting certificates of investment registration before establishing the
economic organizations.
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After their
establishment, economic organizations implementing investment projects shall
carry out investment procedures under investment laws;
c) Incentives and land
levy exemption or reduction periods for projects on investment in the
construction and business of the infrastructures of specialized areas of the
Free Trade Zone of Da Nang shall be applied similarly to those applicable to
projects on investment in the construction and business of the infrastructures
of specialized areas in economic zones;
d) Incentives and
application periods of incentives for corporate income tax for investment
projects in the Free Trade Zone of Da Nang shall be applied similarly to
incentives for investment projects in economic zones according to the law;
dd) Tax for goods and
services traded and provided in specialized areas of the Free Trade Zone of Da
Nang; between domestic areas and foreign countries with specialized areas of
the Free Trade Zone of Da Nang shall be applied following export duty, import
duty, value-added tax, and excise tax laws similarly to those applicable to
non-tariff zones in economic zones;
e) Aside from the
investment incentives prescribed in this Clause, investment projects in
specialized areas of the Free Trade Zone of Da Nang shall also be entitled to
investment incentives applicable to investment projects in economic zones under
tax laws, land laws, credit laws, accounting laws, and relevant laws;
g) Regarding investment
projects meeting the conditions for different investment incentives in the same
period, investors may apply the highest incentives.
6. Enterprises with
investment projects in specialized areas of the Free Trade Zone of Da Nang
shall be entitled to prioritization mechanisms under customs laws for export
and import operations in the City when meeting the conditions for applying
prioritization mechanisms according to customs, tax, and finance laws and
relevant laws, excluding conditions for import-export turnover.
7. The People’s Council
of the City shall, based on the capacity for balancing the City Budget and
conformity with relevant planning, decide to invest or support the investment
in the construction of technical and social infrastructure works inside and
outside the Free Trade Zone of Da Nang to promote the establishment and
development of manufacturing and business operations in the Free Trade Zone of
Da Nang.
The management, use, and
handling of work assets generated from the state budget capital in the Free
Trade Zone of Da Nang shall comply with laws applicable to industrial zones and
specialized areas in economic zones.
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a) Issue, adjust, and
revoke certificates of investment registration and decisions on investment
guideline approval and carry out other entitlements of investment registration
agencies according to investment laws for investment projects in the Free Trade
Zone of Da Nang;
b) Appraise, approve, and
approve adjustments to tasks and projects on detailed planning for the
development of construction investment projects under the jurisdiction of
People’s Committees of districts; appraise, approve, and approve adjustments to
tasks and projects on detailed planning for construction and subdivision
planning for the construction of specialized areas under the jurisdiction of
the People’s Committee of the City in the Free Trade Zone of Da Nang.
Procedures for implementing the contents prescribed in this Point shall
be applied similarly to procedures for appraising, approving, and approving
adjustments of the People’s Committee of the City;
c) Appraise and approve
designs, technical-economic reports, and feasibility study reports, issue
construction permits, and inspect the testing of construction investment
projects under the jurisdiction of the specialized construction work-managing
ministries and the People’s Committee of the City; concerned procedures shall
be applied similarly to procedures under the jurisdiction of specialized
construction work-managing ministries and the People’s Committee of the City
corresponding to each task;
dd) Appraise and approve
the results of the appraisal of environmental impact reports under the
jurisdiction of the Ministry of Natural Resources and Environment of Vietnam and
the People’s Committee of the City within specialized areas of the Free Trade
Zone of Da Nang; application procedures are similar to procedures under the
jurisdiction of the Ministry of Natural Resources and Environment of Vietnam
and the People’s Committee of the City corresponding to each task.
Issue, re-issue, adjust,
and revoke environmental licenses under the jurisdiction of the Ministry of
Natural Resources and Environment of Vietnam, the People’s Committee of the City,
and People’s Committees of districts within specialized areas of the Free Trade
Zone of Da Nang; application procedures are similar to procedures under the
jurisdiction of the Ministry of Natural Resources and Environment of Vietnam
and the People’s Committee of the City corresponding to each task.
dd) Issue, re-issue,
renew, and revoke work permits; confirm foreign workers not eligible for work
permits for foreigners; approve demands for the use of foreigners for each job
position that Vietnamese people cannot handle of enterprises in specialized
areas under their management; receive and process applications for registration
of internship contracts for less than 90 days from enterprises in specialized
areas under their management. Procedures for implementing the contents
prescribed in this Point shall be applied similarly to procedures approved for
relevant fields by the Department of Labor – War Invalids and Social Affairs of
the City under its jurisdiction;
e) Issue certificates of
origin to goods manufactured in specialized areas of the Free Trade Zone of Da
Nang when the authorization conditions applicable to Management Boards of
industrial zones and economic zones stipulated by the Ministry of Industry and
Trade of Vietnam are met.
9. State management
responsibilities of ministries, central authorities, and the People’s Committee
of the City regarding the Free Trade Zone of Da Nang:
a) The Government of
Vietnam shall, within the scope of authority assigned under law, consider
promulgating documents stipulating contents not prescribed in this Article or
extending the decentralization and authorization for Management Boards of
hi-tech parks and industrial zones of Da Nang to settle inadequacies arising
during the management and development of the Free Trade Zone of Da Nang,
ensuring publicity, transparency, and simplification of administrative
procedures. Regarding cases exceeding authority, the Government of
Vietnam shall request the Standing Committee of the National Assembly of
Vietnam to consider issuing decisions;
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c) The People’s Committee
of the City shall promulgate regulations on functions, tasks, and entitlements
and regulations on procedures for implementing work under the jurisdiction of
Management Boards of hi-tech parks and industrial zones of Da Nang and
supervise the implementation of such regulations. Regarding inadequacies
arising during the implementation, the People’s Committee of the City shall
promulgate or submit reports to the Government of Vietnam for the promulgation
of regulations prescribed in Point a of this Clause.
10. Other state
management contents shall be implemented as follows:
a) The state management
of visas, entry, exit, temporary residence, and stays of foreigners, fire
safety, and assurance of social security, order, and safety shall comply with
industrial zone laws;
b) The state management
of fields concerning planning for construction, environmental protection, and
other relevant fields not prescribed in this Article shall comply with economic
zone laws.
Article
14. Investment in development of semiconductor circuits, AI, information and
communications, scientific and technological management, and innovation
1. Support for activities
concerning innovation, entrepreneurship, semiconductor circuits, and AI in the
City shall be stipulated as follows:
a) Startups,
semiconductor circuit enterprises, and AI enterprises with taxable income from
innovative entrepreneurship operations in the City and scientific and
technological organizations, innovative entrepreneurship support centers, and
intermediaries supporting innovative entrepreneurship with taxable income from
operations concerning support for innovative entrepreneurship in the City shall
be exempted from CIT for 5 years. Where enterprises are subject to the global
minimum tax, they shall pay taxes according to relevant regulations;
b) Individuals and
organizations with income from transferring shares, contributed capital, and
rights to contribute to the capital of startups, semiconductor circuit
enterprises, or AI enterprises in the City that have yet to offer stock
quotations to the public under stock laws shall be exempted from PIT and CIT;
the period of tax exemption is 5 years from the capital contribution by
individuals or organizations to startups, semiconductor circuit enterprises, or
AI enterprises in the City;
c) Specialists,
scientists, talented persons, and individuals engaging in innovative
entrepreneurship or fields concerning design, manufacturing, packaging,
semiconductor circuit testing, or artificial intelligence working at startups,
scientific and technological organizations, innovative entrepreneurship support
centers, intermediaries supporting innovative entrepreneurship, semiconductor
circuit enterprises, and AI enterprises in the City shall have their income
from salaries or wages exempted from PIT for 5 years.
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dd) The People’s Council
of the City shall stipulate prioritized fields; criteria, conditions,
procedures, and contents of operations concerning innovative entrepreneurship
and innovative entrepreneurship support and operations in fields concerning
design, manufacturing, packaging semiconductor circuit testing, and AI of
entities prescribed in Points a, b, and c of this Clause; procedures,
conditions, quantity, contents, and support rates according to Point d of this
Clause.
2. Controlled testing of
new technological solutions:
a) The People’s Committee
of the City shall decide on the term-based controlled testing of new
technologies, products, services, and business models in hi-tech parks,
centralized information technology parks, innovative entrepreneurship support
centers, and innovative space invested in by the City Budget;
b) An implementation term
of the controlled testing shall be up to 3 years and may be renewed once; a
renewed term is up to 3 years;
c) Ministries and
ministerial agencies shall provide feedback on contents requested for
counseling by the People’s Committee of the City;
d) The People’s Council
of the City shall elaborate on criteria and conditions for selection and
procedures for registering, appraising, and licensing the controlled testing.
3. Entitlements and
responsibilities of the People’s Committee of the City regarding the controlled
testing of new technological solutions:
a) Instruct, control, and
supervise the testing processes and rights, obligations, and responsibilities
of agencies, organizations, and individuals during the controlled testing and
decide on agencies that instruct and control the testing;
b) In necessary cases,
consult with ministries and ministerial agencies responsible for carrying out
the state management of sectors and fields relevant to the contents of the
testing regarding subjects and scope proposed for controlled testing and issues
arising during the testing;
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4. Agencies instructing
and controlling the testing shall have the following entitlements and
responsibilities:
a) Provide counseling on
the development, addition, and adjustment to guidelines on the implementation
of laws for the testing;
b) License and promulgate
separate testing regulations for each new technology, product, service, or
business model allowed to be tested;
c) Regularly and
irregularly inspect the testing; assess the application of measures to control
risks of testing organizations and enterprises during the testing; promptly
detect and prevent risks of abusing or losing control during the testing;
d) Request testing
organizations and enterprises to provide reports and explanations regarding
arising issues; request additions to risk control measures or testing
suspension or request the People’s Committee of the City to decide to terminate
or renew the testing or narrow or extend the testing scope;
dd) Submit reports to the
People’s Committee of the City on the testing processes annually or upon request;
submit reports on testing results and propose management regulations
conformable with testing results at the end of the testing or when benefits,
risks, and management requirements for tested technologies, products, services,
and business models have been clarified during the testing.
5. Organizations,
enterprises, and individuals engaging in controlled testing, guiding and
controlling agencies, and guiding and controlling persons shall be exempted
from administrative and disciplinary responsibilities; and exempted from civil
responsibilities in case of causing damage to the State during the controlled
testing due to objective reasons even though testing regulations and processes
are adequately implemented. In case of causing damage to other organizations
or individuals, organizations, enterprises, and individuals engaging in testing
shall compensate for the damage under the law. The People’s Council of the City
shall consider partially supporting the compensation funding using the City
Budget based on the nature and severity of damage and the capacity for
balancing the budget of the City.
Where the agencies or
persons guiding and controlling the testing know about the risks of the testing
but fail to adopt conformable measures to prevent and limit the damage, or
organizations, enterprises, or individuals engaging in the testing know about
the risk but fail to provide information or reports to competent state
authorities promptly and fail to adopt conformable measures to prevent and
limit the potential damaged shall be ineligible for the responsibility
exemption prescribed in this Clause.
6. The investment,
management, utilization, and handling of scientific and technological
infrastructure assets serving innovative entrepreneurship are stipulated as follows:
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b) The People’s Council
of the City shall decide to let innovative entrepreneurship organizations and
individuals and organizations and individuals supporting innovative
entrepreneurship lease scientific and technological infrastructure assets
directly for operations without going through auctions.
The People’s Council of
the City shall stipulate entities and criteria eligible for direct lease of
scientific and technological infrastructure assets for operations without going
through auctions;
c) The People’s Council
of the City shall stipulate the contents, support rate, support time,
beneficiaries, and procedures for funding support from the City Budget for entities
using scientific and technological infrastructures;
d) The People’s Council
of the City shall decide to invest, upgrade, expand, develop, and utilize
scientific and technological infrastructure assets using the City Budget.
The People’s Council of
the City shall elaborate on the forms and procedures for assigning and handling
scientific and technological infrastructure assets;
dd) The People’s
Committee of the City, state management authority of scientific and
technological infrastructure assets, shall decide to assign scientific and
technological infrastructure assets to eligible units and approve schemes to
manage, utilize, and handle scientific and technological infrastructure assets.
Entities eligible for the
assignment of scientific and technological infrastructure assets include:
public service providers of the Department of Science and Technology of the
City and Management Boards of hi-tech parks and industrial zones of Da Nang.
7. Regulations and
policies on the development of semiconductor circuits and AI:
a) The People’s Council
of the City shall decide on the investment, upgrade, expansion, development,
and utilization of information infrastructure assets using the City Budget to
attract investment and develop semiconductor circuits and AI; elaborate on the
forms and procedures for asset assignment, receiving units, asset utilization,
regulations on the management and use of revenues from the asset utilization,
and handling of information infrastructure assets;
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c) The People’s Council
of the City shall, based on the capacity for balancing the budget of the City,
consider issuing decisions on support using the City Budget to strategic
investors and strategic partners in the fields of semiconductor circuits and AI
without exceeding 5% of the total cost of the procurement of manufacturing
support equipment, cost of relocating assets, lines, equipment, and
technologies, and cost of new investment projects; provide partial support for
the cost of hiring personnel with high qualifications to work at enterprises
that are strategic partners in the fields of semiconductor circuits and AI in
the City; stipulate support procedures;
d) The People’s Council
of the City shall decide on programs and projects eligible for support from the
City Budget for the costs of training and advanced training for people studying
majors concerning semiconductor circuits and AI; stipulate recruitment criteria
and standards and support policies on benefits concerning income and staying
costs for specialists and scientists working in fields concerning semiconductor
circuits and AI in the City;
dd) The People’s
Committee of the City, state management authority of information infrastructure
assets, shall decide to assign information infrastructure assets to eligible
units and approve schemes to manage, utilize, and handle information
infrastructure assets;
e) The People’s Council
of the City shall take responsibility for deciding on regulations and policies
on support for strategic investors and strategic partners in fields concerning
semiconductor circuits and AI prescribed in this Clause, ensuring efficiency,
publicity, and transparency.
Article
15. Policies on salaries and income
1. The City shall
implement the mechanism for creating salary reform sources as per regulation.
After the City Budget has ensured salary reform sources and policies on
social security for the whole budget stabilization period according to
regulations of competent authorities, the People’s Council of the City shall,
aside from implementing expenditures on increased income according to the
current law on financial autonomy mechanisms for administrative agencies and
public service providers, decide to allocate the City Budget for expenditures
on increased income for officials and public employees under the management of
the City based on work efficiency without exceeding 0,8 times the base salary
fund for officials and public employees under its management.
2. The People’s Council
of the City shall decide on the income of specialists, scientists, and talented
persons of the City.
Chapter
IV
IMPLEMENTATION
AND PROVISIONS
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1. The Government of
Vietnam shall:
a) Implement this Resolution;
direct relevant agencies to cooperate with local governments in the City in
reforming administrative procedures, shortening the settlement time of issues
that have not been decentralized to the City;
b) Direct and instruct
the organization of urban governments and the pilot implementation of specific
regulations and policies on the development of the City prescribed in this
Resolution; promptly resolve difficulties during the remedy of violations
following the conclusions of competent authorities, especially in fields
concerning land;
c) Promulgate Decrees
stipulating the organization and operation of People’s Committees of districts
and responsibilities of Presidents of People’s Committees of districts;
organization and operation of People’s Committees of wards and responsibilities
of Presidents of People’s Committees of wards; election, recruitment,
management, and use of officials working at People’s Committees of districts
and officials working in wards and communes; formulation of estimates,
compliance, and settlement of district budgets and ward budgets;
d) Request the Standing
Committee of the National Assembly of Vietnam or the National Assembly of
Vietnam to consider issuing decisions under their jurisdiction on issues
arising during the pilot implementation;
dd) Implement preliminary
reviews of the pilot implementation of specific regulations and policies
applicable to the City and submit reports to the National Assembly of Vietnam
at the meeting at the end of 2027; implement final reviews of the pilot
implementation of specific regulations and policies applicable to the City and
submit reports to the National Assembly of Vietnam at the meeting at the end of
2029;
e) Promptly promulgate
regulations and policies under its jurisdiction to make conformable adjustments
and additions to regulations to settle inadequacies arising during the
management and development of the City.
2. The People’s Council
of the City, People’s Committee of the City, and President of the People’s
Committee of the City, within their scope of tasks and entitlements, shall:
a) Implement this
Resolution and other relevant laws;
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c) Implement the preliminary
and final reviews of the pilot implementation of specific regulations and
policies prescribed in this Resolution and submit reports to the Government of
Vietnam following Clause 1 of this Article;
d) The People’s Council
of the City shall supervise the implementation of this Resolution under the
law;
dd) Regarding issues with
different contents that are unregulated by laws and Resolutions of the National
Assembly of Vietnam, to meet the urgent requirements for attracting strategic
investors and mobilizing domestic and foreign resources for investment in
socio-economic development, the People’s Committee of the City shall submit
reports to the Government of Vietnam for presentation of regulations and
policies to competent authorities for presentation to the National Assembly of
Vietnam for consideration and decision. During the interval between two
meetings, provide presentations for the Standing Committee of the National
Assembly of Vietnam for consideration and decision and submit reports to the National
Assembly of Vietnam at the closest meeting.
The development and
promulgation of documents concretizing policies prescribed in this Point shall
be performed under simplified procedures.
3. The National Assembly
of Vietnam, Standing Committee of the National Assembly of Vietnam, Vietnam
Fatherland Front, Ethnic Council, Committees of the National Assembly of
Vietnam, Delegation of the National Assembly of the City, and deputies of the
National Assembly of Vietnam shall, within their tasks and entitlements,
supervise the implementation of this Resolution.
Article
17. Implementation provisions
1. This Resolution comes
into force as of January 1, 2025.
Resolution No.
119/2020/QH14 dated June 19, 2020 of the National Assembly of Vietnam shall be
annulled from the effective date of this Resolution.
2. The pilot
implementation of specific regulations and policies on the development of the
City prescribed in Chapter III of this Resolution shall be carried out for 5
years.
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a) Where promulgated
decisions on policies, projects, and other subjects decided by competent
authorities to comply with regulations and policies prescribed in this
Resolution are not expired, such policies, projects, and other subjects may
continue to comply with the promulgated decisions;
b) Where tax exemption
periods for entities prescribed in Points a, b, and c Clause 1 Article 14 of
this Resolution have not expired, they shall continue to be implemented until
their expiry date.
3. Projects prescribed in
Article 12 and Article 13 of this Resolution with approved investment
guidelines, approved investors, or issued certificates of investment
registration during the effective period of pilot policies prescribed in
Chapter III of this Resolution may receive investment incentives according to
Article 12 and Article 13 of this Resolution until the end of their
implementation time.
4. In case of different
regulations on the same issue between this Resolution and other laws and
resolutions of the National Assembly of Vietnam promulgated before the
effective date of this Resolution, this Resolution shall prevail. In case other
legislative documents promulgated after the effective date of this Resolution
stipulate regulations and policies with more benefits or are more convenient
than those prescribed in this Resolution, the People’s Council of the City
shall decide on the application.
Article
18. Transitional provisions
Documents of local
governments in districts and wards promulgated before July 1, 2021 may continue
to be applied if they are not replaced or annulled by competent authorities.
Where documents of
People’s Councils of districts and wards promulgated before July 1, 2021 are no
longer conformable, the People’s Council of the City shall annul such
documents.
This Resolution is
approved by the 15th National Assembly of the Socialist Republic of Vietnam at
the 7th meeting on June 26, 2024.
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PRESIDENT OF THE NATIONAL ASSEMBLY
Tran Thanh Man