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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. 98/2023/QH15
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Hanoi, June 24, 2023
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RESOLUTION
PILOT IMPLEMENTATION OF PARTICULAR POLICIES FOR DEVELOPMENT
OF HO CHI MINH CITY
NATIONAL ASSEMBLY OF VIETNAM
Pursuant to the
Constitution of the Socialist Republic of Vietnam;
Pursuant to Law on
Promulgation of Legislative Documents amended by Law No. 63/2020/QH14;
HEREBY RESOLVES:
Article
1. Scope
This Resolution provides
for the pilot implementation of particular policies for the development of Ho
Chi Minh City (hereinafter referred to as “City”) on investment management;
state finance and budget; management of urban areas, natural resources, and
environment; occupations and professions prioritized to attract strategic
investors to the City; management of science and technology, innovation and
creativity; organizational apparatus of the Governments of the City and Thu Duc
City.
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1. State agencies,
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:
1. Startups refer to
enterprises established under laws to implement ideas on the basis of utilizing
intellectual property, technology, and new business model with fast-growing
capacity.
2. Innovative
entrepreneurship support intermediaries are organizations promoting
business, organizations supporting innovative entrepreneurship, centers
providing services for support for innovative entrepreneurship, facilities
providing technical support for small and medium-sized enterprises, facilities
incubating small and medium enterprises, co-working areas supporting small and
medium-sized startups, centers promoting and supporting technical transfer operations,
innovation support centers, and organizations providing general equipment.
3. Transit-oriented
Development (TOD) refers to the model that uses TOD as the basis for urban
planning and development; traffic hubs as the population concentration points to
improve the efficiency of the use of land and public works, contributing to the
reduction of traffic jams and environmental pollution.
4. Build-transfer
contract (BT contract) refers to a contract concluded between a competent
agency and an investor and project enterprise (if any) to construct
infrastructure works. After the completion of the works, the investor transfers
them to the competent agency and receives payment from the state budget to
recover investment capital and profits according to agreements in such a
contract.
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1. The People’s Council
of the City shall allocate the public investment capital to support poverty
reduction and employment settlement by assigning the People’s Committee of the
City to authorize the Ho Chi Minh branch of the Vietnam Bank for Social
Policies to perform policies on loans for support for poor households,
near-poor households, households escaping poverty, and employment settlement.
The People’s Council of the City shall stipulate criteria, conditions, rates,
contents, methods, and time for support.
2. Pilot implementation
of TOD:
a) The People’s Council
of the City shall decide the use of the local budget to implement independent
public investment projects to implement indemnification, support, and
resettlement for public investment projects following independent urban design
projects, urban planning projects in the vicinity of stations of railway lines
approved by competent authorities and in the vicinity of intersections along Ring
Road No. 3 in the City to expropriate land, enable urban development and
embellishment, perform resettlement, and establish land funds for auctions for
selection of investors for projects of investment in the development of urban
areas, commerce, and services as prescribed by laws;
b) Competence and
procedures for investment and construction for projects on indemnification,
support, and resettlement prescribed in Point a of this Clause shall be
performed following the competence and procedures of public investment projects
of Group A under the criteria prescribed by laws on public investment;
c) Regarding areas in the
vicinity of stations and intersections prescribed in Point a of this Clause,
the People’s Committee of the City may decide on the density of construction
and targets for technical and social infrastructure following national
technical regulations on construction planning for existing urban areas, but it
must ensure the satisfaction of requirements for the system of technical and
social infrastructure and architectural target planning determined in projects
of planning for subdivisions and master planning of the City;
d) Land expropriation for
projects prescribed in Point a of this Clause shall sufficiently meet the
following requirements: guidelines of the projects have been approved and are
subject to medium-term public investment plans of the City; position, border,
and area of the land to be expropriated for projects in surrounding areas have
been determined in annual urban planning projects, independent urban planning,
planning for land use, and plans for land use at the district level.
3. The People’s Committee
of the City shall organize bidding to select investors for the implementation
of projects with the use of land meeting the following requirements:
a) The project is
included in the list of projects for which land needs to be expropriated
regarding cases where the State expropriates land for socio-economic
development for national and public benefits according to laws on land;
b) There is land managed
by the State in the land area where the project takes place;
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4. The land managed by
the State in land areas subject to bidding for selection of investors for
project implementation prescribed in Clause 3 of this Article is not subject to
rearrangement procedures or real estate handling according to laws on
management and use of public property.
5. Regarding
public-private partnership investment projects (hereinafter referred to as “PPP
projects”):
a) Aside from PPP
investment sectors under the Law on Public-Private Partnership Investment, the
City may conduct PPP investment in investment projects in sports and culture. Procedures
for implementing projects prescribed in this Point shall comply with laws on
PPP investment and relevant laws;
b) The People’s Committee
of the City shall decide the minimum investment capital requirement for PPP
projects in health care, education and training, sports, and culture;
c) The City may apply
build-operate-transfer contracts (hereinafter referred to as “BOT contracts”)
to construction investment projects for upgrading, expanding, and modernizing
existing road works in conformity with the approved planning for urban main
streets and overpasses.
Criteria, principles,
conditions, and procedures for selecting projects and investors shall comply
with laws on PPP investment.
The People’s Council of
the City shall promulgate the list of projects specified in this Clause. The
People’s Committee of the City shall transparently and adequately disclose
information on projects to create favorable conditions for the people to
supervise.
If the cost of the
indemnification for ground clearance accounts for more than 50% of the total
investment of the project and the preliminary financial plan of the PPP project
fails to ensure the break-even capacity, the People’s Committee of the City may
consider deciding to increase the percentage of state capital in the PPP
project, but it shall account for more than 70% of the total investment of the
project;
d) The City may apply BT
contracts.
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Competence and procedures
for selecting investors for projects applying BT contracts shall be performed
as for those applying to PPP projects according to laws on PPP investment. The
selection of investors for projects applying BT contracts shall be performed
after the design for construction implementation (after the base design) is
approved.
The People’s Committee of
the City shall stipulate the standards on the assessment of qualifications,
experience, techniques, and finance of investors for projects.
The People’s Council of
the City shall decide on the use of budget capital of the City, allocate
capital for investment preparation and annual budget estimates, allocate public
investment capital in annual and medium-term public investment plans of the
City to pay investors after works or work items operated independently are
tested and audited, and supervise the implementation based on the value and
progress prescribed in BT contracts, ensuring compliance with laws.
The Government of Vietnam
shall stipulate reasonable loan interests and profits, payment methods, and
settlement of the implementation of projects applying BT contracts.
6. The People’s Council
and People’s Committee of the City shall, within their scope of tasks and
entitlements, take responsibility for complying with this Article and relevant
laws, ensure transparency and publicity; ensure the balance between legitimate
rights and benefits of the people, enterprises, and the State and
socio-economic efficiency; prevent loss and waste and gain consensus from the
people, preventing complicated cases, mass lawsuits, and disorder of security
and social safety.
Article
5. State finance and budget
1. Policies on fees and
charges are as follows:
a) The People’s Committee
of the City shall decide to apply fees and charges not stipulated in the list
of fees and charges enclosed with the Law on Fees and Charges; adjust 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 central government budget.
b) The City Budget may
retain 100% of the revenues increased from the adjustment to policies on fees
and charges prescribed in Point a of this Clause to invest in socio-economic
infrastructure and other tasks of spending of the City Budget; these revenues
shall not be used to determine the percentage (%) of revenues distributed
between the central government budget and the City Budget;
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2. The People’s Council
of the City shall, based on the annual state budget estimates decided by the
National Assembly of Vietnam, assigned by the Prime Minister of Vietnam, and
actual situations of the City, decide on estimates and allocation of the City
Budget to ensure compatibility with the orientation to state budget reform,
socio-economic development, and essential fields following regulations of the
National Assembly of Vietnam and the Government of Vietnam.
3. The City shall apply
policies to create sources for salary reform as per regulations. After the City
Budget is able to ensure sufficient sources for salary reform and social
security policies for the whole period of budget stabilization as per
regulation of competent authorities, the People’s Council of the City may
decide:
a) To use the remaining
sources for salary reform of the City Budget and permit inferior budgets to use
the remaining sources for salary reform to invest in the development of
socio-economic infrastructure included in tasks of budget expenses and
expenditures on increased income in compliance with Point b Clause 5 Article 9
hereof;
b) Appropriate rate of
deduction from the retainable revenues to create sources for salary reform for
agencies and units under its management with large revenues, ensuring
principles for such agencies and units to arrange their sources for salary
reform following the roadmaps decided by competent authorities. Additional
state budget support shall not be provided for the salary reform of such
agencies and units;
c) Permission for state
administrative agencies, political organizations, socio-political
organizations, and public service providers managed by the City to use the
remaining sources for salary reform to increase expenditures on their
investment, procurement, and professional operations and expenditures on
increased income in compliance with Point b Clause 5 Article 9 prescribed
hereof.
4. 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 120% 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. Annually,
during the enactment of the budget, the People’s Council of the City may
proactively decide the specific domestic loan sources and sources of on-lending
foreign loans ensured by the government of Vietnam in the total loan and budget
deficit of the City decided by the National Assembly of Vietnam and assigned by
the Prime Minister of Vietnam.
5. Annually, the targeted
additional funding from the central government budget allocated to the City
Budget shall not exceed 70% of the increased revenues of the central government
budget from revenues distributed between the central government budget and City
Budget compared to the estimates assigned by the Prime Minister of Vietnam (the
remaining after providing bonus for excess revenues as prescribed in Clause 4
Article 59 of the Law on State Budget No. 83/2015/QH13 amended by Law No.
59/2020/QH14) and from revenues that are wholly retained by the central
government budget according to Points b, c, d, g, h, i, and q Clause 1 Article
35 of the Law on State Budget No. 83/2015/QH13 amended by Law No. 59/2020/QH14
compared to the estimates assigned by the Prime Minister of Vietnam and shall
not exceed the total increased revenues of the central government budget of the
previous year. Targeted additional funding shall only be provided when the
state government budget does not have any deficit. Targeted additional funding
shall be determined based on the total of revenues.
6. Estimates of budget
expenses of People’s Committees of districts of the City may allocate the
undistributed amount accounting for 2% to 4% of the total district budget
expenses to make expenditures on prevention, management, and remedy for
consequences of natural disasters, epidemics, emergencies, and catastrophes,
hunger safety, essential tasks of national defense and security, and other
necessary tasks. Chairpersons of People’s Committees of districts shall decide
expenses from undistributed amounts and annually submit reports to the People’s
Committee of the City for reports to the People’s Council of the City at the
closest meeting session.
7. The People's Council
of the City shall decide to use the City Budget to implement projects and road
traffic works of regional and inter-regional nature located on the boundary and
administrative boundary between the City and other provinces, projects on
national highways and expressways crossing through the City; support other
domestic provinces and foreign provinces in case of necessity.
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a) The People’s Council
of the City may allocate revenues from the equitisation of wholly state-owned
enterprises whose ownership is represented by the People’s Committee of the
City to supplement the charter capital of HFIC;
b) The remaining profits
of HFIC after deducting amounts for establishing funds as per regulation may be
retained to be supplemented to the Development Investment Fund of HFIC to
supplement its charter capital;
c) Procedures for
supplementing the charter capital of HFIC prescribed in Point a and Point b of
this Clause shall be performed as for those apply to the supplement of the
charter capital of local development investment funds;
d) The People’s Council
of the City may, based on the request of the People’s Committee of the City,
allocate public investment capital from the City Budget to support interest
rates for investment projects lent by HFIC in prioritized fields for
socio-economic development in the City by subjects, conditions, procedures,
rates, and support period stipulated by the People’s Council of the City.
When providing loans for
projects, HFIC shall comply with laws on local development investment funds;
dd) HFIC shall comply
with principles of state capital preservation and development when conducting
contents prescribed in this Clause.
9. The City shall decide
on the collection of fees for the maintenance and regeneration of
infrastructure in industrial zones and export processing zones from enterprises
in such zones. Such fees shall only be used for improving utilities for
enterprises and employees and not for profit. The People’s Committee of the
City shall promulgate the regulation on the collection and use of fees for
maintenance and regeneration of infrastructure, which specifies subjects,
principles, collection rates, and policies on management and use of revenues,
ensuring transparency and justification in association with financial autonomy
policies of Management Boards of Industrial Zones and Export Processing Zones
of the City. Fees for maintenance and regeneration of infrastructure prescribed
in this Clause are exempted from declarations and VAT. They are the deductibles
during the determination of income subject to CIT.
10. 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:
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, and Natural Resources and Environment of Vietnam in
determining the rate of contribution to the reduction of GHG emissions in the
City for the national target of GHG emission reduction before carbon credit
transactions.
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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.
11. The People’s
Committee of the City shall decide to use roofs meeting the technical
requirements of headquarters of administrative agencies, public service
providers, and headquarters of agencies and units identified as public property
in the City to install solar power systems to provide electricity for the
operations of such headquarters. Handling of the remaining electricity after
usage shall comply with laws on electricity.
The People’s Committee of
the City shall perform the installation and management of solar power systems
in conformity with elements of aesthetics, architecture, and environmental
laws.
Article
6. Management of urban areas, natural resources, and environment
1. Regarding projects
using rice cultivation land for other purposes, the People’s Committee of the
City shall decide on the use purpose conversion of rice cultivation land below
500 ha in conformity with the land use planning and plans decided by competent
authorities.
Decisions on the
conversion of use purposes of rice cultivation land shall be performed publicly
with opinions collected from the people and subjects affected by the conversion
of use purposes, ensuring that the principles and conditions for converting use
purposes of rice cultivation land comply with laws on land and relevant laws.
Procedures for converting
use purposes of rice cultivation land below 500 ha shall be stipulated by the
People’s Council of the City.
2. Regulations on
construction planning and urban planning:
a) The Prime Minister of
Vietnam shall, based on projects on planning for the construction of
specialized areas and urban planning approved by the Prime Minister of Vietnam,
assign the People’s Committee of the City to approve the local adjustments to
the master planning for the construction of specialized areas, master urban planning,
and planning for professional technical infrastructure following the procedures
stipulated by the Prime Minister of Vietnam and report on the results to the
Prime Minister of Vietnam;
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3. Regulations on
projects on investment in the construction of social housing:
a) Tasks of detailed planning
are established at the same time as the preparation of projects on detailed
planning; the collection of opinions from the residential community related to
tasks and projects on detailed planning shall be performed simultaneously. The
appraisal and approval of tasks of detailed planning shall be performed in
advance to serve as the basis for appraising and approving projects on detailed
planning;
b) At the time of
approving investment guidelines, if the detailed planning, subdivision planning
is unconformable with the master planning, it is permitted to approve
investment guidelines under the master planning and targets for land use
coefficients or construction density according to laws on housing.
If the detailed planning
is unconformable with the master planning and the subdivision planning, it is
permitted to approve investment guidelines under the master planning,
subdivision planning, and targets for land use coefficients or construction
density according to laws on housing.
Subdivision planning and
detailed planning shall be approved or approved for adjustments as prescribed
by laws before the preparation of feasibility study reports on investment in
construction and implementation of next steps of projects;
c) The People’s Committee
of the City shall approve the planning, allocate social housing land funds
within the scope of commercial housing projects or approve the planning and
allocate social housing land funds at a location outside of the scope of
commercial housing projects meeting social housing demand in its area according
to approved programs and plans for social housing development, ensuring
the proportion of land area for construction of social housing according to
laws on housing and relevant laws. Investors shall invest in the
construction of social housing at the planned or converted location and fulfill
financial obligations on land for land funds converted in commercial housing
projects, ensuring compliance with laws on housing and land;
d) Land for social
housing development includes the land area in projects on investment in the
construction of commercial housing that the investors must retain for social
housing construction as prescribed by laws; land allocated or leased by the
State, land of organizations, households, and individuals with legitimate use
rights in conformity with the planning or plans for land use, construction
planning, or urban planning approved by competent state agencies under laws.
4. The People’s Committee
of the City shall develop and present the land price adjustment coefficient in
conformity with the actual situations of the City to the People’s Council of
the City for approval, promulgation, and application to the determination of
land use prices and land rent for every land and parcel of land (regardless of
values based on the land price table) in cases where the land price table has
collected information on the market and development of each parcel of land for
application in the following cases:
a) The State permits the
land use purpose conversion regarding the land area exceeding the quota for
households or individuals;
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5. Indemnification
principles when the State expropriates land:
a) Land indemnification
shall ensure that the person with expropriated land has accommodation and
living conditions equal to or better than the old ones.
The City shall consider
supporting persons with expropriated land and owners of property on land to
enable them to be employed and have income, stabilizing their life, production,
and business;
b) The land
indemnification shall be performed by allocating land with the same use purpose
as the expropriated one. If there is no land available for indemnification, it
is permitted to provide money indemnification based on the specific land price
of the expropriated land type decided by the competent People’s Committee at the
time of approving the schemes for indemnification, support, and resettlement.
Households or individuals that wish for money indemnification shall receive it
based on their registration in the scheme for indemnification, support, and
resettlement. Households and individuals with expropriated land that wish
to receive indemnification by land with different use purposes from the
expropriated ones or by housing are considered for the wished indemnification
if the City has available conditions for land funds and housing funds. The
People’s Council of the City shall decide the exchange rate and conditions for
indemnification by land with use purposes different from the expropriated ones
in conformity with actual local situations, ensuring legitimate rights and benefits
of the people.
6. The City may decide to
permit economic organizations with land leased by the State subject to annual
rent payment not having support from the state budget for such payment to
mortgage, transfer, or lease the lease rights in land lease contracts if they:
a) Have certificates of
land use rights; certificates of house ownership and accommodation land use
rights; certificates of land use rights, house ownership, and property on land
(hereinafter referred to as “certificates of land use rights”);
b) Have property on
leased land legally established as prescribed by laws;
c) Have completed the
development in compliance with the approved detailed construction planning and
investment project, except for cases of compliance with effective judgments or
decisions of Courts or decisions of civil judgment enforcement agencies or
conclusions of competent state agencies in charge of inspection;
d) Have land not
currently in dispute;
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e) Persons that purchase
or lease the lease rights in land lease contracts shall have sufficient
financial capacity to implement investment projects and business professions in
conformity with investment projects and not violate laws on land when allocated
or leased with land by the State for the implementation of previous projects.
The person that purchases
or leases the lease rights in land lease contracts may continue to use land
within the remaining use period in compliance with the use purposes determined
in the project and shall perform procedures for registering mortgage, transfer,
or leases of lease rights in land lease contracts. Land registration offices
shall register land to certificates of land use rights, cadastral records, and
land databases based on concluded contracts.
7. Regarding projects
applying BT projects concluded in compliance with laws before the effective
date of the Law on Public-Private Partnership Investment that have yet to be
fully paid to investors, the use of land funds managed by the State in cases of
re-arrangement and handling of public property for payments to investors is as
follows:
a) The People’s Committee
of the City shall expropriate land included in the land funds managed by the
State in cases of re-arrangement and handling of public property determined in
BT contracts;
b) The People’s Committee
of the City shall decide and perform investment procedures, construction
planning procedures, and land allocation or lease procedures under concluded BT
contracts and land use planning approved by competent authorities. The
time of land allocation or lease for payments shall be based on the
construction volume of works under projects applying BT contracts completed by
the progress tested by competent state agencies and shall be audited. Prices
for land use and land lease shall be determined at the time of decisions on
land allocation and lease.
8. Regarding land area
established after performing sea encroachment, the City shall perform
procedures for allocating or leasing land in compliance with laws on land.
9. Regarding investors
purchasing property subject to foreclosure or judgment enforcement, which is
agricultural land use rights, from financial organizations, credit
institutions, judgment enforcement organizations, and bailiffs for the
implementation of non-agriculture projects but have yet to perform procedures
for the State to allocate or lease land when the use period of such land
expires or investors for projects that have received a transfer of agricultural
land use rights for the implementation of non-agriculture projects that are
performing procedures for the State to allocate or lease land when the use
period of such land expires, the use period shall be extended to June 30, 2024.
10. General conditions
for issuance of construction permits with a definite period 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
agencies that have yet to be implemented;
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c) When the existing
duration of public works prescribed in construction permits with a definite
term expires or upon requests of competent state agencies, investors shall
commit to demolishing the works. If they fail to perform the demolition, they
shall be coerced and bear all costs for the demolition. If the construction
planning is not implemented after the existing duration of public works,
investors may continue to use such works until demolition requests from
competent state agencies.
Other conditions aside
from the general conditions for issuance of construction permits with a
definite term, procedures for and competence in issuing such permits, and
management of construction orders shall comply with laws on construction.
11. Regarding investors
currently implementing projects on domestic solid waste treatment that
voluntarily convert all of the projects’ technology to domestic solid waste
treatment with energy recovery, the People’s Committee of the City shall
consider deciding to provide additional volumes of solid domestic waste under
the form of ordering for such investors. The People’s Council of the City shall
promulgate criteria, standards, and roadmaps for digital transformation for
converted technology and conditions, quotas, unit prices, and order prices
related to the volume of domestic solid waste additionally ordered, ensuring
transparency and publicity.
12. The land
expropriation of several projects in the City shall be performed as follows:
b) State agencies
competent to expropriate land according to the Law on Land shall, based on the
list prescribed in Point a of this Clause, issue notifications of the
inspection, survey, measurement, tally, and verification of land and property
on land origins.
The mentioned notifications
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 indemnification and ground clearance under laws on land
may, based on the notifications prescribed in Point b of this Clause, implement
the inspection, survey, measurement, tally, and verification of land and
property on land origins before competent state agencies issue land
expropriation notifications.
People’s Committees of
communes shall cooperate with the organizations mentioned above in inspecting,
surveying, measuring, tallying, and verifying the origins of land and property
on land.
Land users shall
cooperate with the organizations mentioned above in inspecting, surveying,
measuring land area, and preparing statistical reports on housing and property
on land to prepare schemes for indemnification, support, and resettlement;
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The preparation,
appraisal, approval, and implementation of schemes for indemnification,
support, and resettlement and land expropriation decisions shall comply with laws
on land;
dd) The People’s Council
of the City shall decide to use local budget to implement contents prescribed
in Point c of this Clause and promulgate procedures for implementing this
Clause.
13. Control of traffic
vehicle emissions:
a) The People’s Council
of the City shall promulgate policies on encouragement, support, and incentives
for individuals, households, cooperatives, and enterprises transitioning from
using fossil-fuel vehicles to vehicles using clean energy and implementation
roadmaps; purchase and exchange old traffic vehicles for traffic vehicles using
clean energy to reduce environmental pollution; invest in the development of
public traffic vehicles combining with roadmaps to limit personal traffic
vehicles to reduce traffic jams;
b) The People’s Council
of the City shall decide to use the City Budget to implement contents
prescribed in Point a of this Clause and promulgate criteria and procedures for
implementing this Clause;
c) The People’s Committee
of the City shall, based on policies prescribed in Points a and b of this
Clause, limit the operations of road vehicles using fossil fuels.
Article
7. Professions and occupations prioritized to attract strategic investors to
the City
1. List of professions and
occupations prioritized to attract strategic investors to the City:
a) Investment in the
construction of innovative centers, research and development centers (R&D);
investment in research and support for high-tech transfer in information
technology, biotechnology, automation technology, new material technology, and
clean energy with investment capital from at least 3.000 billion VND;
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c) Investment in the
construction of Can Gio international transshipment port according to a
planning with investment capital from at least 50.000 billion VND.
2. Strategic investors
are investors meeting the requirements prescribed in Clause 3 and Clause 4 of
this Article.
3. Strategic investors
shall meet one of the following requirements:
a) Have a charter capital
of at least 500 billion VND when implementing investment projects prescribed in
Point a 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;
b) Have a charter capital
of at least 5.000 billion VND or total assets valued at least 25.000 billion
VND when implementing investment projects prescribed in Point b Clause 1 of
this Article and experience in investment in projects in equivalent fields with
an investment capital of at least 10.000 billion VND;
c) Have a charter capital
of at least 9.000 billion VND when implementing investment projects prescribed
in Point c Clause 1 of this Article and experience in investment in projects in
equivalent fields with a total investment of at least 25.000 billion VND.
4. Strategic investors
shall have 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.
5. Strategic investors
prescribed in Clause 2 of this Article selected under the procedures prescribed
in Clause 7 of this Article to implement investment projects included in the
list of professions and occupations prioritized to attract strategic investors
prescribed in Clause 1 of this Article may receive investor incentives and
shall fulfill the obligations prescribed in Clause 8 and Clause 9 of this
Article.
6. Investors or competent
state agencies shall, based on the list of professions and occupations
prioritized to attract strategic investors as prescribed in Clause 1 of this
Article, propose investment projects. Regarding projects that require
investment guideline approval, competent authorities shall perform procedures
for approving investment guidelines following laws on investment and Clause 7
of this Article.
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a) Competent investment
registration agencies of the City shall, based on decisions on approval of
investment guidelines of projects prescribed in Clause 6 of this Article,
disclose information on projects, preliminary requirements for capacity and
experience of investors, and conditions for determining strategic investors on
the National Bidding Network 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; documentation proving the
satisfaction of conditions prescribed in Clause 3 and Clause 4 of this Article,
and other relevant documents (if any);
c) After the time limit
for project implementation registration, competent investment registration
agencies of the City shall perform the preliminary assessment of the capacity
and experience of investors applied for project implementation. Competent
persons shall, based on the results of the mentioned preliminary assessment,
decide on the selection of investors according to one of the following cases
specified in Points d, dd, and e of this Clause;
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 laws on
investment;
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 Point a of this Clause, that strategic investor
shall be approved under laws on investment;
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 Point a of this Clause, competent state agencies may
apply laws on procurement to organize the selection of investors among the ones
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.
8. 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 CIT. Actual
R&D costs shall be determined under laws on accounting;
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9. Strategic investors
shall:
a) Implement projects
following contents prescribed in certificates of investment registration or
decisions on approval of investment guidelines;
b) Disburse investment
capital within 5 years after being granted certificates of investment
registration or decisions on approval of investment guidelines. During this
period, strategic investors shall not transfer the projects;
c) Support the budget 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
technology (if any).
10. 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
8. Management of science and technology and innovation
1. Regulations on support
for innovation and entrepreneurship in prioritized fields of the City:
a) Startups, scientific and
technological organizations, innovative centers, and intermediaries supporting
innovation and entrepreneurship are exempted from CIT for 5 years from the
generation of income tax payable for income from their innovative operations in
the City;
b) Organizations and
individuals with income from the transfer of contributed capital and rights to
contribute to the capital of startups in the City are exempted from PIT and
CIT;
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d) High-tech zones,
concentrated information technology zones, and innovative centers in the City
may conduct controlled experiments of new technology solutions within the scope
of high-tech zones, concentrated information technology zones, and innovative
centers;
dd) Non-refundable
support from recurrent expenditures of the City Budget for incubating projects
on innovation and entrepreneurship includes: costs of the organization of the
selection of projects; costs of hiring experts; direct labor wages; services of
supporting innovation and entrepreneurship; costs of using technical
facilities, incubation facilities, and co-working areas;
e) The People’s Council
of the City shall stipulate prioritized fields; criteria, conditions, and
contents of innovation and enterprises of entities prescribed in Points a, b,
and c of this Clause; criteria for and experimental fields of new technology
solutions and support contents (if any) as prescribed in Point d of this Clause
and the support rate prescribed in Point dd of this Clause.
2. The People’s Council
of the City shall stipulate:
a) Salaries, wages,
regulations on benefits, and other preferential policies for leaders in public
scientific and technological organizations determined according to their
qualification, capacity, and working requirement;
b) Wages for the
implementation of scientific and technological tasks;
c) Criteria,
beneficiaries, and conditions for preferential treatment prescribed in Points a
and b of this Clause.
Article
9. Governmental apparatus of the City
1. 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, and issuance of
certificates of animal product quarantine to outside of the City, from the
Departments of Health, Agriculture and Rural Development, and Industry and
Trade to the Department of Food Safety.
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3. The election,
recruitment, management, and use of officials working in communes and
commune-level towns and ward officials shall comply with laws on election,
recruitment, management, and use of officials and be subject to the payroll of
officials at the district level or higher assigned annually.
4. The Chairperson of the
People’s Committee of the City may authorize heads of other administrative
agencies of the People’s Committee of the City, heads of public service
providers of the People’s Committee of the City to perform one or several tasks
and entitlements of the Chairperson within a determined period with specific
conditions. The authorization must be in writing, specifying the
responsibilities of the authorizing person and authorized persons to ensure
publicity, transparency, and efficiency.
5. The People’s Council
of the City is competent to:
a) Decide on the
structure and number of officials in communes, wards, and commune-level towns
based on the scale of population, economic operations, and characteristics of
areas; decide on the number, titles, regulations, and policies on part-time
officials in communes, wards, and commune-level towns, ensuring the
simplification of the organizational apparatus.
The People’s Council of
the City shall promulgate criteria, standards, and norms of the number of
officials in communes, wards, and commune-level towns;
b) Decide to allocate the
City Budget to make expenditures on increased income for officials, public
employees, and part-time officials in communes, wards, and commune-level towns and
employees in state management areas, political organizations, socio-political
organizations, public service providers, several associations with specific
characteristics, and certain central agencies in the City by their working
efficiency aside from the implementation of expenditures on increased income
according to current laws on financial autonomy for administrative agencies and
public service providers, ensuring that the allocation does not exceed 1,8
times of the payroll for grade, rank, and position and expenditures on
increased income do not exceed 0,8 times of the base salary fund for officials,
public employees, and employees under its management;
c) Decide the income rate
for experts, scientists, and persons with special talents in the City; decide
on the principles, standards, conditions, procedures, income rates, and other
policies to recruit officials and public employees from sources of excellent
graduates and persons with high qualifications in conformity with the
recruitment demand of the City.
6. The People’s Committee
of the City is competent to:
a) Decide to establish,
re-organize, or dissolute its public service providers in compliance with
principles, criteria, and conditions prescribed by laws;
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7. Management Boards of
the High-Tech Zone of the City and Management Boards of Industrial Zones and
Export Processing Zones of the City may appraise, approve, and approve
adjustments to tasks and detailed construction planning projects 1/500 within
the scope of high-tech zones, export processing zones, and industrial zones
assigned to management upon written suggestions of construction planning
management agencies of the People's Committee of the City; appraise and approve
the results of the assessment of environmental impact reports under the
jurisdiction of the People's Committee of the City; issue, change, re-issue,
adjust, and revoke environmental certificates under the jurisdiction of the
People's Committee of the City and People's Committees of districts and Thu Duc
City within the scope of high-tech zones, export processing zones, and
industrial zones assigned to management.
Article
10. Governmental apparatus of Thu Duc City
1. The People’s Committee
of Thu Duc City is competent to:
a) Assign affiliated
specialized agencies to appraise investment guidelines, decisions on approval
of projects; submit reports to the People's Council of Thu Duc City for
decisions on investment guidelines; decide on the approval of projects,
organization of the selection of investors, and conclusion of project contacts
for projects in Group B and Group C invested under public-private partnership
method as prescribed in this Resolution and laws on public-private partnership
investment in Thu Duc City;
b) Assign affiliated
specialized agencies to appraise and submit reports for it to approve
investment guidelines regarding investment projects of domestic investors with
non-state capital in Thu Duc City under its jurisdiction;
c) Assign affiliated
specialized agencies to appraise and submit reports for it to approve or
approve adjustments to tasks and subdivision planning, detailed planning for
schemes in Thu Duc City under its jurisdiction, except for contents prescribed
in Clause 7 Article 9 of this Resolution;
d) Assign affiliated
specialized agencies to appraise and submit reports for it to approve schemes
for the use of public property such as houses and land for lease, joint
venture, and connection in Thu Duc City after receiving suggestions from the
People's Council of Thu Duc City;
dd) Perform tasks of
expenditures on scientific and technological study.
2. The People’s Committee
of Thu Duc City and Chairperson of the People’s Committee of Thu Duc City may
assign or authorize affiliated specialized agencies, heads of affiliated
specialized agencies, People’s Committees of wards, Chairpersons of People’s
Committees of wards to perform several tasks or entitlements under the
jurisdiction of the People’s Committee of Thu Duc City and Chairperson of the
People’s Committee of Thu Duc City.
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The People’s Committee of
the City shall consider, decide on the establishment, and stipulate functions,
tasks, and organizational apparatus of the Construction Inspectorate and Land
Fund Development Center affiliated with the People’s Committee of Thu Duc City.
4. The People’s Council
of Thu Duc City shall decide on the establishment of the Urban Committee
affiliated with the People’s Council of Thu Duc City. The People’s
Council of Thu Duc City shall have no more than 2 Vice-Chairpersons and 8 full-time
representatives. The People’s Committee of Thu Duc City shall have no more than
4 Vice-Chairpersons.
The government of Thu Duc
City shall provide allowances by positions for leaders of CPV agencies and
unions in compliance with the Appendix enclosed hereof.
Article
11. Implementation
1. The Government of
Vietnam shall:
a) Promulgate Decrees
guiding Point d Clause 5 Article 4, Point a and Point b Clause 1 Article 8, and
Clause 8 Article 9 of this Resolution;
b) Implement this
Resolution within its scope of tasks and entitlements; conduct a preliminary
review of the 3-year implementation of this Resolution and submit reports to
the National Assembly of Vietnam at the meeting session at the end of 2026;
conduct a final review of the implementation of this Resolution and submit
reports to the National Assembly of Vietnam at the meeting session at the end
of 2028;
c) Direct relevant
agencies to cooperate with the City in reforming administrative procedures,
shortening the settlement time of issues that have not been decentralized or
delegated to the City;
d) Promulgate policies in
conformity with its jurisdiction to appropriately adjust and supplement
regulations to resolve difficulties arising during the management and
development of the City. Extend the scope of decentralization and authorization
for the People’s Council and People’s Committee of the City compared to current
regulations.
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3. The People’s Council
of the City shall:
a) Promulgate criteria,
conditions, support rates, contents, and support time according to Clause 1
Article 4; scale, list of projects according to Point b and Point c Clause 5
Article 4; list and rates of fees and charges according to Point a Clause 1
Article 5; subjects, conditions, procedures, rates, and support time according
to Point d Clause 8 Article 5; procedures according to Clause 1 Article 6;
criteria, standards, roadmaps, conditions, quotas, unit prices, and order
prices according to Clause 11 Article 6; procedures according to Point dd
Clause 12 Article 6; policies on encouragement, support, and incentives,
implementation roadmaps, criteria, and procedures according to Point a and
Point b Clause 13 Article 6; fields, criteria, conditions, contents, and rates
according to Point e Clause 1 Article 8; criteria, subjects, and conditions
according to Clause 2 Article 8; criteria, standards, and quotas according to
Clause 5 Article 9 of this Resolution;
b) Supervise the
implementation of this Resolution as prescribed by laws.
4. The People’s Committee
of the City shall:
a) Promulgate standards,
regulations, procedures, and land price adjustment coefficients and elaborate
on forms of disclosure of information on projects to attract strategic
investors according to Point d Clause 5 Article 4, Clause 9 and Clause 10
Article 5, Clause 4 Article 6, and Point g Clause 7 Article 7, and perform
tasks assigned in this Resolution, ensuring publicity, transparency, and
compliance with laws;
b) 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, submit reports to the Government of Vietnam for
presentation of policies to competent authorities for presentation to the
National Assembly of Vietnam for consideration and decision. During the
interval between two meeting sessions, 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
session.
The development and
promulgation of documents concretizing policies prescribed in this Point shall
be performed under simplified procedures.
5. 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, Delegations of the National Assembly of the City, and delegates of the
National Assembly of Vietnam shall, within their tasks and entitlements,
supervise the implementation of this Resolution.
Article
12. Implementation provisions
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Resolution No.
54/2017/QH14 dated November 24, 2017 of the National Assembly of Vietnam
expires as of the effective date of this Resolution.
2. After the expiry date
of this Resolution, policies, projects, and other subjects decided by competent
authorities under policies prescribed in Clause 1, Clause 2, Point a Clause 5
Article 4, Point d Clause 8 Article 5, and Point c Clause 3 Article 6 of this
Resolution may continue to be implemented according to promulgated decisions.
Investment projects
applying BOT or BT contracts concluded under policies prescribed in Point c and
Point d Clause 5 Article 4 of this Resolution may be continue to be implemented
after the expiry date of this Resolution until the end of the contracts.
3. Projects prescribed in
Article 7 of this Resolution with approved investment guidelines or issued
certificates of investment registration during the effective period of this
Resolution may receive investment incentives according to Article 7 of this
Resolution until the end of their implementation time.
4. After the expiry date
of this Resolution, the tax exemption period for subjects prescribed in Point a
and Point c Clause 1 Article 8 of this Resolution may continue until its end.
5. In case of different regulations
on the same issue between this Resolution with other laws and resolutions of
the National Assembly of Vietnam, this Resolution shall prevail. In case other
legislative documents stipulate policies with more benefits than those
prescribed in this Resolution, beneficiaries of incentives may choose the one
with the most benefits./.
This Resolution was
approved by the XV National Assembly of the Socialist Republic of Vietnam at
its 5th meeting session on June 24, 2023.
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