THE GOVERNMENT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
103/2018/ND-CP
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Hanoi, August 07,
2018
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DECREE
PROVIDING CERTAIN
PARTICULAR POLICIES FOR INVESTMENT, FINANCE, BUDGET AND DELEGATION OF POWERS
TAILORED FOR CAN THO CITY
Pursuant to the Law on government organization
dated June 19, 2015;
Pursuant to the Law on organization of local
governments dated June 19, 2015;
Pursuant to the Law on state budget dated June
25, 2015;
Pursuant to the Law on public debt management
dated November 23, 2017;
Pursuant to the Law on construction dated June
18, 2014;
Pursuant to the Law on housing dated November
25, 2014;
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Pursuant to the Law on urban planning dated June
29, 2009;
Pursuant to the Law on public investment dated
June 18, 2014;
At the request of the Minister of Finance;
The Government promulgates a Decree providing
particular policies for investment, finance, budget and delegation of powers
tailored for Can Tho city.
Article 1. Scope and regulated entities
1. This Decree deals with particular policies for
investment, finance, budget and delegation of powers tailored for Can Tho city
(hereinafter referred to as “the city”).
2. This Decree applies to:
a) Regulatory authorities, political organizations,
socio-political organizations, socio-political-professional organizations,
social organizations, socio-professional organizations and public service
providers that use Can Tho city’s locally-controlled state budget;
b) Other authorities, organizations and individuals
involved in implementing particular policies for investment, finance, budget
and delegation of powers tailored for Can Tho city.
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1. These particular policies aim to promote rapid
and sustainable socio-economic development of Can Tho city, facilitate Can Tho
city in upholding its advantages to become one of the great cities of Vietnam
and a leading socio-economic center playing roles of an industrial, commercial
and service providing center of Mekong Delta by 2020, and create an important
motivation for the development of provinces of Mekong Delta.
2. Delegating powers to manage Can Tho city must be
associated with increase in the burden to the People’s Council and the People’s
Committee of Can Tho city, raise the sense of initiative and creation as well
as develop potentialities and strengths of Can Tho city in the way of achieving
its socio-economic development objectives.
Article 3. Mobilization of investment funds and
funds derived from central budget
1. Can Tho city shall be allowed to take out
domestic investment loans in capital mobilization forms stipulated by laws and
have access to foreign borrowed funds on-lent by the Government. The
outstanding balance of borrowed fund (including on-lending of funds by the
Government to the city and other domestic loans stipulated by laws) as part of
the city's budget shall not be allowed to exceed 40% of the amount of revenues
in the local budget that is received according to the stated mandate and the
limit for the budget deficit subject to the National Assembly’s annual
resolution.
2. The Government shall prefer allocating funds
from central budget to the city’s budget for implementation of investment
projects that serve multiple regions in the city in the public-private
partnership (PPP) form.
3. The Government shall refer allocating the full
on-target supplementary amount from central budget to the city’s budget for
implementation of its socio-economic development projects and other
regional-scale projects serving the development of Mekong Delta.
4. Can Tho city shall prefer using mobilized
investment funds, central budget subsidies, official development assistance
(ODA) funds and concessional loans obtained from foreign sponsors as prescribed
in Clause 1, Clause 2 of this Article, Article 4 and Clause 1 Article 5 hereof
for implementation of investment projects stated in the Appendix enclosed
herewith.
Article 4. Official Development
Assistance (ODA) funds and concessional loans obtained from foreign sponsors
1. The Government shall prefer allocating ODA funds
to Can Tho city for implementation of significant infrastructure projects that
are defined in the city’s budget of expenditures and managed by Can Tho city’s
People’s Committee. Counterpart funds for these projects shall be derived from
the city’s budget.
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3. Can Tho city’s People’s Committee shall be
vested with the right to approve the list of projects or decide to receive
non-refundable aids (ODA grants or aids given by foreign NGOs) for programs or
projects regardless of the amount of such aids, except aids used for
institution, religious, laws and policies, administrative reform, national
defense and security purposes that shall be subject to the Prime Minister’s
decision. The Chairperson of Can Tho city’s People’s Committee shall take
charge of receiving, keeping, managing and using such aids in an effective
manner, implementing bookkeeping and accounting regimes in accordance with
laws, making a periodic report to the Ministry of Finance and the Ministry of
Planning and Investment for their examination, supervision and preparation of
another consolidated report to the Prime Minister.
Article 5. Particular budget policies
1. The city shall annually receive an on-target
supplementary amount from the central budget that does not exceed 70% of the
amount of central budget revenues increasing due to revenues distributed
between the central budget and the city’s budget in comparison with the Prime
Minister’s mandated budget (the portion of revenue that remains after the
portion of revenue is given as an on-target bonus as specified in the Law on
state budget), and of revenues wholly owned by the central budget as referred
to in Point b, c, d, g, h, i, q Clause 1 Article 35 of the Law on state budget
that increase in comparison with the Prime Minister’s mandated budget (except
for revenues that do not fall under the city’s authority, do not arise but are
collected within Can Tho city, revenues authorized for use by a competent
authority, amounts recorded as revenues or expenses in an accounting book and
revenues retained for use by city-governed entities which are administered
through the state budget in accordance with applicable laws.). The on-target
supplementary amount shall not be allowed to exceed the amount of central
budget revenues that increase within the city in comparison with the previous
budget year’s realized amount of revenues.
The on-target supplementary amount shall be
calculated based on total revenue rather than separate revenues.
The National Assembly’s Standing Committee shall,
based on total increased amount of central budget revenues and budget balancing
capability, decide the on-target supplementary amount allocated to the city in
accordance with regulations of the Law on state budget and particular policies
tailored for Can Tho city stated herein.
3. Within the first year of a new period of budget
stabilization, the Government shall authorize the Ministry of Finance to take
charge and cooperate with relevant ministries and authorities to propose and
request a competent authority to consider and decide the amount allocated to
the city budget so as to ensure adequate funds for fulfilling the city's
socio-economic development objectives and implementing regional-scale projects
serving the development of Mekong Delta.
Article 6. Interest rate subsidies
The city shall consider providing subsidies on
interests for organizations or individuals that take out loans for
implementation of significant socio-economic development projects having
capital recovery capability within the scope and balancing capability of the
city budget.
Article 7. Selling social housing
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Article 8. Financial reserve fund
1. Sources for establishing the financial reserve
fund, amounts set aside for and compulsory balance of the financial reserve
fund shall conform to regulations of the Law on state budget and the
Government’s Decree No. 163/2016/ND-CP dated December 21, 2016.
2. Can Tho city’s People’s Committee shall be
entitled to use an advance given by the city’s financial reserve fund for
investing in significant infrastructure projects, especially projects serving
disaster preparedness and response, and climate change response purposes, that
are defined in the city’s budget of expenditures but for which financing within
the scope of the mid-term public investment plan has not been arranged. The
duration of that advance shall not exceed 36 months from the date of grant of
such advance. Total amount spent during the year of the city’s financial
reserve fund (including advanced amounts and amounts used for performing other
tasks as regulated) shall not exceed 70% of its beginning balance.
Article 9. Authority to give approval for
investments in new urban area construction projects
Can Tho city’s People’s Committee is authorized to
consider giving approval for investments in new urban area construction
projects with a scale of from 100 ha to under 200 ha in conformity with the
master construction planning and land-use planning. Can Tho city’s People’s
Committee shall consult the Ministry of Construction before giving approval for
such investments.
Article 10. Entry into force
1. This Decree shall enter into force from October
10, 2018.
2. The Prime Minister’s Decision No. 42/2006/QD-TTg
dated February 16, 2006 providing certain preferential financial and budget
policies tailored to the city shall be repealed.
Article 11. Implementation
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2. Ministers, heads of ministerial-level agencies,
heads of the Government’s affiliates, Chairpersons of People’s Councils and
People’s Committees of provinces and central-affiliated cities and relevant
agencies shall implement this Decree./.
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc
APPENDIX
LIST OF PRIORITY
INVESTMENT PROJECTS FOR IMPLEMENTATION OF THE POLITBURO’S RESOLUTION NO.
45-NQ/TW
(Enclosed with the Government’s Decree No. 103/2018/ND-CP dated August 07,
2018)
A. INVESTMENT PROJECTS FUNDED BY CENTRAL BUDGET
IN CAN THO CITY
I. INVESTMENT PROJECT GIVEN PRIORITY IN THE 2016
– 2020 PERIOD
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II. INVESTMENT PROJECT GIVEN PRIORITY AFTER 2020
1. Soc Trang – Can Tho – Chau Doc Expressway.
2. Ho Chi Minh City – My Tho – Can Tho railway
line.
3. Access roads to Southern Can Tho Industrial Park
and Cai Cui port (the second stage - the section from Nga Nam, Can Tho bridge
to Cai Cui port).
4. Upgrade and expand Highway 91 – the Km0 – Km7
section.
5. Can Tho city police hospital.
B. INVESTMENT PROJECTS MANAGED BY CAN THO CITY
GOVERNMENT
I. INVESTMENT PROJECT GIVEN PRIORITY IN THE 2016
– 2020 PERIOD
1. Anti-landslide embankment for Rach Cam market.
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3. Anti-landslide embankment for Cai Son canal and
Cai Rang Be river.
4. Upgrade and expand Huynh Phan Ho street.
5. Upgrade and expand Nguyen Thong street.
6. Road route from behind Thanh Dong Channel
connecting Mu U and Ben Ba.
7. Beltway of Can Tho airport connecting Le Hong
Phong street to Highway 91B.
8. Dredge and upgrade the system of channels and
canals for generating and storing fresh water, and control the intrusion of
saltwater from Thang Loi 1 to Bon Tong.
9. Develop rural water supply systems for
preventing and dealing with cases of drought, saltwater intrusion and climate
change.
10. Upgrade and expand Can Tho city social
protection center.
11. Supply power to rural areas from the national
grid of Can Tho city.
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13. Develop Can Tho city and promote its adaptive
capability.
14. Embankment for Can Tho river – Response to
climate change by Can Tho city.
15. Provincial road No. 922 (Build and upgrade the
section from Highway 91B to Co Do – first stage).
II. INVESTMENT PROJECT GIVEN PRIORITY AFTER 2020
1. Nguyen Van Cu prolonged road (from My Khanh to
Phong Dien).
2. Build and upgrade the provincial road No. 922 –
first stage, Can Tho city (the section from Chau Van Liem Ward, O Mon District
to Thoi Lai Town, Thoi Lai District).
3. Provincial road No. 920 (from O Mon Thermal
Power Plant to the provincial road 920B).
4. Upgrade and expand the provincial road 926.
5. Can Tho Vocational Training College (campus 2).
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7. Can Tho University of Technology (campus 2).
8. Can Tho College of Culture and Arts.
9. Administrative center of Can Tho city.
10. Upgrade and expand the provincial road 923.
11. The provincial road 918.
12. The provincial road 917.
13. The bridge to Tan Loc isle (associated with Tan
Loc isle ecotourism resort).
14. The route connecting highway 91 to Nam Song Hau
street (first stage).
15. Can Tho Cardiovascular Hospital (200
beds).