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THE
STANDING COMMITTEE OF NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
29/2000/PL-UBTVQH10
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Hanoi,
December 28, 2000
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ORDINANCE
ON HANOI CAPITAL
(No. 29/2000/PL-UBTVQH10
of December 28, 2000)
In order to construct and develop Hanoi, the
Capital of the Socialist Republic of Vietnam, the heart of the whole country,
making it more and more beautiful, civilized and modern; to inherit and promote
the age-old historical and cultural traditions of Thang Long - Hanoi,
contributing to building the country more beautiful and prosperous;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
Pursuant to the Resolution on the 2000 law- and ordinance-making program passed
by the Xth National Assembly at its sixth session;
This Ordinance provides for Hanoi Capital.
Chapter I
GENERAL PROVISIONS
Article 1.- Position of
Hanoi Capital
Hanoi Capital is the national political and
administrative center, a large cultural, scientific, educational, economic and
international exchange hub of the whole country; the place where the central
bodies of the Party and the State, socio-political organizations, foreign
diplomatic missions and international organizations are headquartered, and also
the place where the country’s most important internal and external relation
activities take place.
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This Ordinance prescribes the objectives,
mechanisms, policies, responsibility assignment and State management division
in the cause of constructing, developing and defending the Capital.
Article 3.- Objectives
of the Capital’s construction and development
1. To build and develop a socialist, prosperous,
beautiful, civilized, elegant, modern Capital symbolizing the whole country.
2. To possess a modern and synchronous urban
technical infrastructure, and a sustainable environment.
3. To firmly maintain the political security,
defense, social order and safety; to protect the people and ensure absolute safety
for activities of the leading bodies of the Party and the State,
socio-political organizations, foreign diplomatic missions and international
organizations.
4. To conserve and promote the quintessence of
the traditional age-old culture of the Capital, contributing to building and
developing Vietnam’s advanced culture deeply imbued with national identity; to
build the civilized and elegant people of the Capital, who represent the
Vietnamese nation’s intellect and fine traditions; to set up the country’s top-ranking
establishments in the domains of scientific research and application,
technology, culture, education, health, physical training and sports.
5. To develop the Capital’s economy at a high
and sustainable growth rate with a rational structure; to meet the domestic
economic development requirements and actively integrate into the international
economy.
6. To concentrate efforts on making the cultural
and social environment healthy and clean; to prevent then repel negative
phenomena and social evils.
Article 4.- Tasks of
constructing, developing and defending the Capital
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Agencies, organizations and individuals working
and living in the city shall have the responsibility to contribute to
constructing, developing and defending the Capital.
2. To construct, develop and defend the Capital
is the task of the people all over the country.
The Government shall direct, assign and organize
coordination among State management bodies at the central level and localities
across the country in mobilizing resources for the construction, development
and defense of the Capital.
3. The Vietnam Fatherland Front Central
Committee and the Front’s member organizations shall have to mobilize the
people of all strata in the country and overseas Vietnamese to participate in
constructing, developing and defending the Capital.
Article 5.- Policies on
investment in constructing and developing the Capital
1. The State determines the Capital to be a key
area for special concentrated investment with various resources in order to
ensure that the objectives defined in Article 3 of this Ordinance shall be
achieved.
2. The State shall adopt preferential treatment
polices to encourage domestic organizations and individuals, overseas
Vietnamese, foreign organizations and individuals to invest in constructing and
developing the Capital.
Article 6.- International
cooperation in constructing and developing the Capital
The State encourages and creates conditions for
the expansion of international exchange and cooperation activities, takes
advantage of external resources and actively integrates into the regional and
international economy in order to construct and develop the Capital.
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ECONOMIC, EDUCATIONAL,
SCIENTIFIC AND TECHNOLOGICAL, CULTURAL AND SOCIAL DEVELOPMENT OF THE CAPITAL
Article 7.- Economic
development
1. The Capital’s economic development strategy
shall be formulated for the long term and each period, ensure a rapid and
rational economic restructuring along the service-industry-agriculture
direction, achieve a high and sustainable economic growth rate; and bring into full
play the Capital’s strengths to serve as the driving force for the key economic
regions in the North and the whole country.
2. The State shall adopt policies to:
a/ Develop diversified services and raise their
levels and standards, with concentrated investment in the development of
information, tourist, trading, financial, banking, technology transfer, human
resource training, insurance, aviation, postal, telecommunication and other
services; build the Capital into a goods wholesale, import and export center, a
leading financial and banking hub in the northern region, which plays an
important role in the whole country;
b/ Give priority to developing high-tech
industries aiming to create new products with high economic efficiency and
competitiveness and minimum environmental pollution; make concentrated
investment in developing commodity lines capable of satisfying the economic
development demands of the northern provinces and the whole country; boost the
production of goods items for export and import substitution;
c/ Develop agriculture and suburban economy
along the urban agriculture - ecology direction; implement industrialization
and modernization in agriculture and rural areas; give priority to developing
clean agriculture, traditional crafts and craft villages as well as
agricultural and ecological tourism villages; invest in developing new
technologies and creating new breeds and strains in service of agricultural
production; attach importance to post-harvest preservation and processing
technologies.
3. The Government, the ministries, the
ministerial-level agencies and the agencies attached to the Government, the
municipal People’s Council and People’s Committee of Hanoi shall promulgate
regulations on preferential treatment applicable to key branches and
industries, encouraging the development in each period and of each service and
goods manufacturing industry.
Article 8.- Educational
and training development
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2. The State shall adopt policies to:
a/ Invest in building a number of high-quality
universities and colleges up to regional and world standards;
b/ Develop diversified educational and training
forms; retrain the contingent of managerial personnel, scientific and
technological as well as technical workers.
3. The Government, the ministries, the
ministerial-level agencies and the agencies attached to the Government and the
municipal People’s Council and People’s Committee of Hanoi shall promulgate
regulations to encourage and create favorable conditions for organizations and
individuals to invest in developing the educational and training cause in the
Capital.
Article 9.- Scientific
and technological development
1. The Capital’s scientific and technological
development shall follow the direction of giving priority to developing high
technologies in the domains of information - electronics, biology, engineering
- automation, new materials production and use.
2. The State shall adopt policies to:
a/ Invest in building a number of modern research
establishments and laboratories up to regional and world standards;
b/ Develop and expand the technology market;
prioritize the transfer and application of modern technologies to production,
business and managerial activities.
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Article 10.- Cultural
and social development
1. The Capital’s cultural and social development
aims to create a civilized and healthy cultural and social environment.
2. The State shall adopt policies to:
a/ Conserve and renovate historical and cultural
relics, scenic places and typical ancient streets in the Capital; build
museums, cultural, historical and revolutionary monuments, parks, entertainment
and recreation centers, modern libraries and other cultural and art works to
meet the people’s increasing demand for spiritual activities;
b/ Develop the medical examination and treatment
system capable of meeting the people’s increasing and diversified demands; push
up the prophylactic medicine and community healthcare work; renovate, upgrade
health centers; build a number of modern and high-quality general and
specialized hospitals;
c/ Invest in building a modern sport complex and
several physical training and sport centers which meet all conditions for
serving domestic and international physical training and sport activities;
develop physical training and sport activities of mass character and build a
grassroots physical training and sport network.
3. The Government shall assign responsibility to
and direct the ministries, the ministerial-level agencies, the agencies
attached to the Government, the municipal People’s Council and People’s
Committee of Hanoi to formulate regulations on management of, investment in and
use of cultural, medical, physical training and sport establishments located in
the city; encourage organizations and individuals to invest in developing the
cultural and social cause of the Capital.
Chapter III
THE CAPITAL’S URBAN
MANAGEMENT, CONSTRUCTION AND DEVELOPMENT
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1. The Capital shall be constructed and developed
according to the overall planning approved by the Government.
Basing itself on the overall planning of the
Capital, the municipal People’s Committee of Hanoi shall draw up detailed
plannings for rural and urban districts, residential quarters and
newly-developed zones; take the initiative in coordinating with the concerned
ministries, the ministerial-level agencies, the agencies attached to the
Government in elaborating specialized plannings in the city, and closely
managing the implementation of the approved plannings.
The ministries, the ministerial-level agencies
and the agencies attached to the Government shall, within the scope of their
respective tasks and powers, have to coordinate with the municipal People’s
Committee of Hanoi in elaborating annual plans on organizing the implementation
of the plannings.
2. The municipal People’s Committee of Hanoi
shall direct the implementation of the detailed plannings, ensure the
synchronous construction of new urban centers according to the planning; promulgate
regulations on management of urban construction and order.
If necessary and permitted by the Government,
the municipal People’s Committee of Hanoi may adjust partially the overall
planning with a view to ensuring the synchronous development of the Capital.
3. Agencies, organizations and individuals
investing in the construction in the city must strictly comply with the law
provisions as well as the regulations of the municipal People’s Committee of
Hanoi on urban planning and management of urban construction and order.
Article 12.- Management
of natural resources, land, rivers and lakes
1. Natural resources, land, rivers and lakes in
the city shall be rationally and efficiently exploited and used in line with
the overall planning.
2. The municipal People’s Council and People’s
Committee of Hanoi shall, within the scope of their respective tasks and
powers, have to:
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b/ Formulate plannings, long-term and annual
plans on the use of natural resources, land, rivers and lakes in service of the
urban, socio-economic development and the people’s life;
c/ Promulgate regulations to protect and
organize effective exploitation of natural resources, land, rivers and lakes in
the city;
d/ Manage, monitor and handle promptly
fluctuations in natural resources, land, rivers and lakes in the city.
3. Land users must use land for the assigned
purposes and fulfill their obligations according to land-related law provisions
and regulations of the municipal People’s Committee of Hanoi.
Where the State recovers land for use for
purposes of constructing and developing the Capital according to the planning,
land users shall be obliged to strictly abide by that decision and receive
compensation therefor as prescribed by law.
Article 13.- Housing
management, construction and development
1. Housing construction and development in the
city shall comply with the planning and meet the demands of modern urban
development, and raise the people’s living standards.
2. The municipal People’s Committee of Hanoi
shall have to:
a/ Annually publicize the State’s investment
plannings and plans on the renovation of old urban quarters and the
construction of new urban quarters;
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c/ Manage various housing funds in the city.
3. Agencies, organizations and individuals using
houses under various ownership forms shall have to strictly comply with housing
management-related law provisions and regulations of the municipal People’s
Committee of Hanoi.
Article 14.-
Management, construction and development of the urban technical infrastructure
system
1. The Capital’s urban technical infrastructure
system, which is classified by the State as of particular importance, shall be
constructed with concentrated investment one step ahead the Capital’s
construction and development requirements.
The State shall concentrate investment on
building a synchronous and modern urban technical infrastructure system
compliant with the overall planning; give priority to developing the urban
traffic network, constructing a comprehensive communication network,
electricity supply, water supply and drainage, waste treatment and
environmental sanitation systems in the Capital.
2. The municipal People’s Committee of Hanoi
shall have to:
a/ Draw up investment plans, organize the
uniform management of activities of investing in, exploiting and using the
urban technical infrastructure system in the city according to the Government’s
responsibility assignment;
b/ Assign and decentralize the management
responsibility according to its competence and promulgate regulations to
encourage investment; elaborate regulations on the exploitation and use of each
type of urban technical infrastructure work.
Article 15.-
Environment management and protection
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2. Agencies, organizations and individuals shall
have the responsibility to preserve and protect the environment at their
residential, working and public places.
3. The ministries, the ministerial-level
agencies and the agencies attached to the Government shall, within the scope of
their respective tasks and powers, have the responsibility to guide and
coordinate with the municipal People’s Committee of Hanoi in:
a/ Investing in building a comprehensive system
of equipment and facilities for environmental observation;
b/ Annually organizing the assessment of the
present environmental situation and impacts and working out appropriate
investment solutions.
4. The municipal People’s Committee of Hanoi
shall have the responsibility to:
a/ Promulgate regulations on the environmental
protection, manage environment-polluting sources; encourage organizations and
individuals to participate in protecting the environment;
b/ Organize the relocation of
environment-polluting production and business establishments to suitable
places; clean up the environment in streets, villages, communes; overcome on
the spot causes of environmental pollution;
c/ Protect the nature, preserve the ecological
balance; develop the network of parks, flower gardens and trees in the city.
Article 16.- Population
management
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2. The municipal People’s Council and People’s
Committee of Hanoi shall have the responsibility to:
a/ Promulgate regulations on preferential
treatment toward and create favorable conditions for people with high
professional qualifications and excellent specialists to live and work in the
city;
b/ Promulgate regulations on migration
management; prescribe measures to control and restrict unplanned and illegal
migration into the Capital;
c/ Promulgate regulations on labor management;
take measures to create many more jobs, reduce the unemployment rate; give
preferential treatment to people who have rendered meritorious services to the
country; fight and prevent crimes and social evils;
d/ Promulgate regulations on management of the
population in the city according to law provisions.
Chapter IV
INVESTMENT IN THE
CAPITAL’S CONSTRUCTION AND DEVELOPMENT
Article 17.- Investment
from the State budget in the Capital’s construction and development
1. The State shall adopt special mechanisms and
policies on investment with the budget and other financial sources for the
Capital; arrange and gradually increase the proportion of budget allocations,
which shall be kept stable for every period of three years.
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2. The municipal People’s Council and People’s
Committee of Hanoi shall have to effectively use the State-allocated budgetary
sources and attract domestic and foreign investment capital sources in various
forms for implementation of the Capital’s construction and development programs
and projects.
Article 18.- Supportive
capital sources
The Government shall prioritize the distribution
of the official development assistance (ODA) capital together with the domestic
reciprocal capital, capital for implementation of programs and projects as well
as preferential credit sources to the Capital on the basis of programs and
projects for construction of the urban technical infrastructure, environmental
and public welfare facilities.
Article 19.- Other
financial measures
The municipal People’s
Council and People’s
Committee of Hanoi may take the following financial measures to construct and
develop the Capital:
1. Issuing the Capital construction bonds;
2. Using the land funds for creation of capital
for construction of the urban technical infrastructure and public welfare
facilities according to law provisions;
3. Setting up the Capital Construction and
Development Fund;
4. In case of necessity, borrowing capital from
the financial sources of the State, organizations and individuals inside and
outside the country for investment in the Capital’s
construction and development according to law provisions.
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RESPONSIBILITIES TO
CONSTRUCT, DEVELOP AND DEFEND THE CAPITAL
Article 20.- The
Government’s
responsibilities
1. The Government shall have the responsibility
to:
a/ Directly direct the formulation and
implementation of the overall planning, programs and plans for the Capital’s socio-economic development;
give priority to settling promptly matters related to the Capital; decide on
the budgetary investment in the contents specified at Point a, Clause 2,
Article 8; Point a, Clause 2, Article 9; Clause 1, Article 14; Point d, Clause
1, Article 20 and Point a, Clause 2, Article 21, of this Ordinance;
b/ Direct the concerned ministries, the
ministerial-level agencies and the agencies attached to the Government to
coordinate with the municipal People’s
Committee of Hanoi in elaborating and deploying the implementation of, the
Capital’s development
programs and plans; direct the elaboration of a number of particular mechanisms
and policies for the Capital’s
development; mobilize the People’s
Committees of the provinces and centrally-run cities to participate in,
coordinate with and assist the Capital in each specific domain;
c/ Define the State management responsibilities
by branch and territory of the concerned ministries, the ministerial-level
agencies and the agencies attached to the Government to the municipal People’s Committee of Hanoi in the
cause of the Capital’s
construction and development;
d/ Direct the planning of the construction of
the International Conference Center, the National Assembly’s office, the National Physical
Training and Sport Center and the offices of the central bodies to serve the
country’s political,
economic, cultural and external relation activities.
2. The Prime Minister shall personally direct
the Capital’s urban
construction and management work.
Article 21.-
Responsibilities of the central agencies and organizations as well as
localities throughout the country
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a/ Make plans on investment in the Capital’s construction and development
in line with the overall planning and the specialized plannings;
b/ Coordinate with the municipal People’s Committee of Hanoi in
elaborating a number of particular mechanisms and policies for the Capital and
deploying the investment programs and projects in the city in order to ensure
uniform management according to the planning;
c/ Coordinate and create conditions for the
municipal People’s
Committee of Hanoi in expanding international exchange and cooperation as well
as external economic development activities.
2. The ministries, the ministerial-level
agencies and the agencies attached to the Government, other bodies of the State,
political and socio-political organizations at the central level shall have the
responsibility to:
a/ Base themselves on the overall planning to
concentrate investment on building their working offices matching the Capital’s position;
b/ Coordinate with the municipal People’s Committee of Hanoi in taking
care of the living conditions of public employees under their respective
management, who are living in the city.
3. The People’s
Committees of the provinces and centrally-run cities shall take the initiative
in expanding forms of cooperation with the Capital, suited to the demands and
strengths of their respective localities, contributing to accelerating the
speed of the Capital’s
construction and development.
Article 22.-
Responsibilities of the municipal People’s
Council and People’s
Committee of Hanoi
1. The municipal People’s
Council and People’s
Committee of Hanoi shall, within the scope of their respective tasks and
powers, have to:
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b/ Coordinate with the competent State bodies in
providing services for important internal and external relation activities of
the Party and the State;
c/ Expand external relation activities,
formulate programs and plans so as to take the initiative in integrating into
the regional and world economy; formulate the Capital’s
external relation strategy on the basis of the external relation lines of the
Party and the State;
d/ Encourage and create favorable conditions for
organizations and individuals to take part in international exchange and
cooperation activities in the economic, cultural and social, educational,
scientific and technological domains.
2. The president of the municipal People’s Committee of Hanoi shall
directly manage and administer the Capital’s
urban construction and management.
Article 23.-
Responsibilities of organizations and individuals
1. Organizations and individuals working and
living in the Capital shall have the responsibility to participate in building
a civilized and elegant life style, maintaining the social order and safety in
the city; strictly abide by the provisions of this Ordinance, other relevant
law provisions and regulations of the municipal People’s
Council and People’s Committee
of Hanoi.
2. The Vietnam Fatherland Front Central
Committee and the Front’s
member organizations shall have the responsibility to coordinate with the
municipal People’s Council
and People’s Committee of
Hanoi in ensuring the people’s
mastery, implementing the regulations on grassroots democracy, contributing to
the Capital’s construction,
development and defense.
Article 24.- The
responsibility to defend the Capital
1. To defend the Capital is the responsibility
of all agencies, organizations and citizens.
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3. The municipal People’s
Committee of Hanoi shall, within the scope of its tasks and powers, have to
direct and organize forces to ensure defense, security, social order and safety
in the city in close association with implementing the Capital’s socio-economic development
programs.
Chapter VI
COMMENDATION AND
HANDLING OF VIOLATIONS
Article 25.-
Commendation
Organizations and individuals that make
outstanding contributions to the cause of constructing, developing and
defending the Capital shall be commended and/or rewarded according to law
provisions.
Article 26.- Handling
of violations
Organizations and individuals that violate this
Ordinance and other relevant law provisions shall, depending on the nature and
seriousness of their violations, be handled according to law provisions.
Chapter VII
IMPLEMENTATION PROVISIONS
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This Ordinance takes effect as from February 3,
2001.
All previous provisions contrary to this
Ordinance are hereby annulled.
Article 28.-
Implementation guidance
The Government shall detail and guide the
implementation of this Ordinance.
THE STANDING COMMITTEE OF NATIONAL ASSEMBLY
Nong Duc Manh