Decree No. 84/2024/ND-CP dated July 10, 2024 on pilot decentralization of authority to perform certain state management sectors to Ho Chi Minh City

DECREE

PILOT DECENTRALIZATION OF AUTHORITY TO PERFORM CERTAIN STATE MANAGEMENT SECTORS TO HO CHI MINH CITY

Pursuant to the Law on Government Organization dated June 19, 2015 dated June 19, 2015;

Pursuant to the Law on Local Government Organization dated June 19, 2015;

Pursuant to the Law on Amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Promulgation of Legislative Documents dated June 22, 2015; the Law on Amendments to the Law on Promulgation of Legislative Documents dated June 18, 2020;

Pursuant to Point d Clause 1 Article 11 of the National Assembly’s Resolution No. 98/2023/QH15 dated June 24, 2023 on experimentation of certain special policies and mechanism for the development of Ho Chi Minh City;

At the request of the Minister of Home Affairs;

The Government promulgates a Decree on pilot decentralization of authority to perform certain state management sectors to Ho Chi Minh City.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

The Decree provides for the contents of pilot decentralization of authority to perform certain state management sectors between the Government of Vietnam and Ho Chi Minh City government:

1. State management of investment.

2. State management of economics, finance, state budget.

3. State management of planning, construction, resources and environment.

4. State management of transport.

5. State management of health.

6. State management of education and training.

7. State management of labor and vocational education.

8. State management of home affairs.

Article 2. Regulated entities

1. The People’s Council and the People’s Committee of Ho Chi Minh City.

2. Other state agencies, political organizations and socio-political organizations.

3. Socio-political-professional organizations, social organizations and social-professional organizations.

4. Other relevant organizations and individuals.

Article 3. Decentralization principles

The decentralization of state management to Ho Chi Minh City (hereinafter referred to as "the City") shall comply with Clause 2 Article 11 and Article 13 of the Law on Local Government Organization and the following regulations:

1. Ensure compliance with regulations of the Constitution, Law, Resolutions of the National Assembly, Standing committee of the National Assembly, policies of the Communist Party of Vietnam (CPV) on the City's development orientation and objectives.

2. Ensure the leadership, direction, centralized administration of the Government; emphasize the accountability, autonomy, proactivity and creativity of the City in achieving its socio-economic development objectives.

3. Decentralization of state management shall be associated with increased responsibility for inspection and supervision of the City's government.

4. Decentralization of state management of certain sectors is meant to increase accountability of the People’s Committee of the City, specialized agencies of the People’s Committee of the City, create proactivity and complete the decentralization mechanism for the City's government.

5. Decentralization of state management shall be accompanied by execution of the program for administrative reform at various levels of government in order to improve the effectiveness of the City's authorities; promptly resolve issues in order to facilitate operation of enterprises and better serve organizations and the people.

6. The establishment or adjustment of administrative procedures relevant to the decentralized contents shall comply with the following principles:

a) The decentralized contents for which administrative procedures have been established shall have the subjects of administrative procedures changed on the basis of existing procedures and documentation without creating new administrative procedures;

b) The People's Council of the City shall establish administrative procedures for decentralized contents for which administrative procedures have not been established. These procedures must be simple, easy to understand, easy to follow, saving time, cost and effort of the people and regulatory authorities.

Chapter II

DECENTRALIZATION OF STATE MANAGEMENT OF CERTAIN SECTORS

Article 4. State management of investment

The People’s Committee of the City shall propose the People's Committee of the City:

1. Deciding the list of new preferential industries that follow technological advances of the world or socio-economic development of the City and are appropriate for national orientation of green economic growth, circular economy, sharing economy, digital economy, sustainable development for application at the City after the People’s Committee of the City consults with the Ministry of Planning and Investment.

2. In consideration of the City's budget and specific regulations on investment incentives (Decree No. 31/2021/ND-CP dated March 26, 2021 elaborating some Articles of the Law on Investment), introducing policies on high technology enterprises and science and technology organizations in a manner that preserves the City's characteristics.

Article 5. State management of economics, finance, state budget

1. The People’s Committee of the City shall propose the People's Committee of the City:

a) Deciding the budget expenditures on characteristic objectives of the City in addition to the policies, standards, norms for spending established by the Government, the Prime Minister and the Minister of Finance in order to accomplish socio-economic development objectives, ensure social safety and order in the City. These expenditures must be appropriate for the City's budget and shall not be funded by central government budget;

b) In consideration of practical situations and budget of the City, increasing special expenditures on training officials and public employees; business trip allowances; expenditures on conferences and guest services in addition to the policies, standards, norms for budget expenditures under applicable regulations after the People’s Committee of the City consults with the Ministry of Finance.

2. The People’s Committee of the City has the power to:

a) Assign the Department of Industry and Trade to issue and adjust licenses to establish retail establishments of foreign investors and foreign investing business organizations in the City in the following cases:

Licenses to establish retail establishments (including the first retail establishment and subsequent retail establishments in addition to the first retail establishment but not convenience stores and mini-supermarkets) within shopping malls and with an area of smaller than 500 m².

Licenses to establish the first retail establishment (other than convenience stores and mini-supermarkets) with an area of smaller than 100 m², located outside of shopping malls and has been approved by the Economic Needs Test (ENT) Council of the City; licenses to increase the area of subsequent retail establishments that satisfy both of the aforementioned conditions.

Licenses to establish the first retail establishment (other than convenience stores and mini-supermarkets) with an area of smaller than 500 m² and licenses to increase the area of the first retail establishment (other than convenience stores and mini-supermarkets) outside of shopping malls up to 500 m².

b) Commission, assign objectives including management and operation of irrigation infrastructure serving provision of public irrigation services in the City following the conditions and procedures established by the People's Council of the City.

Article 6. State management of planning, construction, resources and environment

1. The People’s Committee of the City has the power to:

a) Decide the housing capacity of social housing projects to ensure compliance with land use index or increased construction density under housing laws, applied standards and technical regulations when approving investment guidelines; zoning and detailed planning the development or adjustment of which is subject to approval before preparing the feasibility study reports, ensure compliance with Point b Clause 3 Article 6 of resolution No. 98/2023/QH15;

b) Determine the housing capacity, adjust land use planning indexes and architectural requirements during establishment, adjustment and approval for planning within the jurisdiction of the People’s Committee of the City, ensure conformity with general planning (in case of development and adjustment of zoning planning), general and zoning planning (in case of development and adjustment of detailed planning), and National Technical Regulations on planning and construction;

c) Organize auction for lease of business premises, houses and land regulated by the Government’s Decree No. 167/2017/ND-CP dated December 31, 2017 on disposition of public property, the Government’s Decree No. 67/2021/ND-CP dated July 15, 2021 on amendments to Decree No. 167/2017/ND-CP. The starting prices shall be determined by the President of the People’s Committee of the City (except in the cases specified in Clause 3 and Clause 4 Article 4 of resolution No. 98/2023/QH15) after consulting with the Ministry of Finance.

2. Assign construction authorities affiliated to the People’s Committee of the City to:

a) Appraise feasibility study reports and construction designs implemented after fundamental designs of Group A projects with construction works of Level II and lower, Group B projects with civil construction works of Level I and lower funded by state capital other than public investment capital and by other capital according to construction laws;

b) Inspect the acceptance of Level I civil construction works funded by state capital other than public investment capital and by other capital.

3. Assign the Department of Construction to:

a) Issue, renew, reissue, revoke the certificate of eligibility for inspection of labor safety within the jurisdiction of the Ministry of Construction as prescribed in Clause 1 Article 6 section III Appendix Ib of the Government’s Decree No. 44/2016/ND-CP dated ay 15, 2016 elaborating some Articles of the Law on Occupational Hygiene and Safety on labor safety inspection, labor hygiene and safety training and environmental monitoring, which is amended by Decree No. 140/2018/ND-CP dated October 08, 2018, Decree No. 04/2023/ND-CP dated February 13, 20123 (hereinafter referred to as "amended Decree No. 44/2016/ND-CP"). Conditions, documentation and procedures for issuance, renewal, reissuance of the certificate of eligibility for inspection of labor safety; specimen of the certificate of eligibility for inspection of labor safety; effective period of the certificate of eligibility for inspection of labor safety; revocation of the certificate of eligibility for inspection of labor safety shall comply with Article 4, Article 5, Clause 2 Article 6, Article 7, Article 8 of Appendix Ia of amended Decree No. 44/2016/ND-CP ;

b) Issue, renew, reissue, revoke inspector certificates within the jurisdiction of specialized agencies affiliated to the Ministry of Construction as prescribed in Clause 3 Article 10 section III Appendix Ib of amended Decree No. 44/2016/ND-CP. Standards of inspectors; documentation and procedures for issuance and reissuance of inspector certificates; specimen of the inspector certificate; effective period of the inspector certificate; revocation of the inspector certificate shall comply with Articles 9, 10, 11, 12, 13, 14 Appendix Ic of amended Decree No. 44/2016/ND-CP.

Article 7. State management of transport

The People’s Committee of the City has the power to:

1. Organize state management of inland waterways transport along certain segments of national inland waterways within the City's administrative division. Manage operations at:

a) Inland ports, inland wharves, anchorages along national inland waterway routes and specialized inland waterways connected to national inland waterways.

b) Inland ports, inland wharves, anchorages within port waters within the City administrative division.

2. Decide positions, scope, procedures for announcement and announce operation of anchorages along local inland waterway routes, national inland waterway routes, specialized inland waterways connected to national inland waterways (and anchorages within port waters) within the City's administrative division (without having to establish anchorage planning). Anchorages are waters adjacent to banks of rivers, channels, canals at land areas of which land use rights are held by organizations and individuals intended for anchoring inland waterway vessels and not intended for provision of cargo or passenger transport services.

Article 8. State management of health

The People’s Committee of the City has the power to:

1. Assigned health authorities to issue confirmations of advertisements for medical examination and treatment services of private hospitals in the City.

2. Decide issuance of licenses to import drugs serving special treatment needs that arise during medical examination and treatment of certain groups specified in Point b Clause 1 Article 68 of the Government's Decree No. 54/2017/ND-CP dated May 08, 2017 elaborating the Law on Pharmacy (amended by Point a Clause 38 Article 5 of Decree No. 155/2018/ND-CP dated November 12, 2018) to health facilities under the management of the City. Submit reports to the Ministry of Health for information disclosure in accordance with Clause 6 Article 60 of the Law on Pharmacy.

Article 9. State management of education and training

The People’s Committee of the City has the power to:

1. Approve integrated education programs under education association with foreign parties in educational institutions in the City, ensure fulfillment of all criteria, conditions and standards of the Government for cooperation and investment of foreign parties in education and compliance with guidelines of the Ministry of Education and Training.

2. Approve teaching materials and learning materials serving introduction of foreign language to children, ensuring fulfillment of the criteria, conditions and procedures established by the Government and instructions of the Ministry of Education and Training.

3. Pilot innovation of operating mechanisms of certain educational institution under its management in order to improve education quality of the City.

Article 10. State management of labor and vocational education

The People’s Committee of the City has the power to:

1. Receive applications and issue, reissue, renew, revoke certificates of eligibility for operation of organizations that are headquartered in the City (except training organizations of Ministries and central authorities, state-owned general companies and corporations established by Ministries and central authorities) and provide Class C training in occupational hygiene and safety prescribed in Clause 5 Article 1 of the Government’s Decree No. 140/2018/ND-CP dated cot 08, 2018 on amendments to Decrees relevant to business conditions and administrative procedures within the jurisdiction of the Ministry of Labor, War Invalid and Social Affairs.

2. Issue certificates of registration of vocational education activities, certificate of registration of additional vocational education activities to colleges under the management of the City, ensuring fulfillment of criteria and conditions established by the Government.

3. Grant approval for employment of foreign workers; certify eligibility for exemption of work permits; issue, reissue, renew and revoke work permits in the cases of organizations, agencies and enterprises permitted for establishment by the Government, the Prime Minister, Ministries, ministerial agencies, governmental agencies, headquarters and operating in the City as prescribed in Point a Clause 11 Article 1 of the Government’s Decree No. 70/2023/ND-CP dated September 18, 2023 on amendments to Point a Clause 1 Article 30 of the Government’s Decree No. 152/2020/ND-CP dated December 30, 2020 on foreign workers working in Vietnam, recruitment and management of Vietnamese workers working for foreign employers in Vietnam.

Article 11. State management of home affairs

1. The People’s Committee of the City shall propose the People's Committee of the City:

a) Deciding establishment, division, merger, consolidation of specialized agencies of the People’s Committee of the City, ensuring suitability for the characteristics of the City without increasing the current number of specialized agencies;

b) In consideration of reality and budget, the City shall decide extra bonuses for collectives and individuals that have extraordinary achievements or great accomplishment in the course of development and protection of the country and contributions to socio-economic development, defense and security of the City in addition to bonuses under applicable regulations within the budget of the City.

2. The People’s Committee of the City is entitled to decide the recruitment targets and organize examination for promotion of public officials to officials, principal officials and equivalent grades as prescribed in Clause 2 and Clause 3 Article 32 of the Government’s Decree No. 138/2020/ND-CP dated November 27, 2020 on recruitment, employment and management of officials.

3. The People’s Committees of districts shall propose the People's Councils of the same districts deciding establishment, division, merger, consolidation of specialized agencies of the People’s Committees of the districts, ensuring suitability for the characteristics of the City without increasing the current number of specialized agencies.

Chapter III

IMPLEMENTATION CLAUSES

Article 12. Transition clauses

1. The People’s Committee of the City shall propose the People's Council of the City establishing or adjusting administrative procedures to ensure conformity with the principles specified in Clause 6 Article 3 of this Decree.

2. Regarding the contents prescribed in Point a Clause 2 Article 5, Clause 2 and Clause 3 Article 6, Clause 1 and Clause 2 Article 7, Article 8, Clause 1 and Clause 2 Article 9 and Article 10 of this Decree, organizations and individuals that have submitted applications before the effective date of this Decree shall continue implementing relevant regulations of law.

Certificates and licenses that are appraised, approved, issued before the effective date of this Decree shall continue to have effect under the documents issued by competent authorities until their expiration dates (if any). Their adjustments, renewal, reissuance and revocation shall comply with regulations of this Decree.

Article 13. Effect

1. This Decree comes into force from July 10, 2024. The Government’s Decree No. 93/2001/ND-CP dated December 12, 2021 on decentralization of certain management sectors to Ho Chi Minh City is abrogated. In case of discrepancies between this Decree and other Decree, regulations of this Decree shall apply.

2. The People’s Committee of the City shall carry out debriefing and assessment of the pilot decentralization specified in this Decree together with debriefing and assessment of the implementation of the National Assembly’s Resolution No. 98/2023/QH15 dated June 24, 2023 on pilot implementation of certain mechanisms and policies for development of Ho Chi Minh City; submit reports to the Prime Minister for consideration and decision.

Article 14. Responsibility for implementation

1. Ministries and central authorities shall inspect the performance of decentralized state management sectors by the City's government within their jurisdiction as prescribed by this Decree.

2. Ministers, heads of ministerial-level agencies, heads of governmental agencies, the People's Council and the People’s Committee of Ho Chi Minh City, and relevant agencies are responsible for the implementation of this Decree.