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Circular 05/2009/ttlt-Bkhđt-Bnv: A Guide To The Functions, Duties, Powers And Structure Of The Specialized Agencies In The Field Of Planning And Investment Department Of The Provincial People's Committee, C

Original Language Title: Thông tư liên tịch 05/2009/TTLT-BKHĐT-BNV: Hướng dẫn chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của cơ quan chuyên môn về lĩnh vực kế hoạch và đầu tư thuộc Ủy ban nhân dân cấp tỉnh, c

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CIRCULAR guide functions, tasks, powers and structure of the specialized agencies in the field of planning and investment Department of the provincial people's committees, district level _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 13/2008/ND-CP DATED April 2, 2008 Government's regulation organization of specialized agencies in the provincial people's Committee , central cities;
Pursuant to Decree No. 14/2008/ND-CP DATED April 2, 2008 Government's regulation organization of professional bodies in the district people's Committee, district, town, city in the province;
Pursuant to Decree No. 178/2007/ND-CP dated 3 December 2007 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies;
Pursuant to Decree No. 116/2008/ND-CP on November 14, 2008 Government's functions, tasks, powers and organizational structure of the Ministry of planning and investment;
Pursuant to Decree No. 48/2008/ND-CP on April 17, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of the Interior;
The Ministry of planning and investment and the Ministry of the Interior guidance functions, tasks, powers and structure of the specialized agencies in the field of planning and investment Department of the provincial people's Committee, the district level as follows: chapter I, DEPARTMENT of PLANNING and INVESTMENT, article 1. The position and function 1. The Department of planning and investment is the professional body in the people's committees of provinces and cities under central Government (hereinafter referred to as the provincial people's Committee) has the function of Chief, the provincial people's Committee to help implement state management functions of planning and investment, including : about the planning, planning of economic development-society; implementation and proposed mechanisms, policies of social-economic management on the provincial level; domestic investment, foreign investment in the locality; source management official development assistance (ODA), non-government aid; tender; Register to do business in the local scope; synthesis and unification issues on management of the enterprise, the collective economy, the private sector; the organization provides services in the scope of the governance of the Department under the provisions of the law.
2. The Department of planning and investment has legal personality, a seal and a private account; subject to the direction, management of organization, staffing and operation of the provincial people's Committee; at the same time subject to the direction, instruction, inspection, checking of professional service of the Ministry of planning and investment.
Article 2. Duties and powers of planning and implementing investment powers under the provisions of the law on the areas of planning and investment and the specific powers, duties: 1. The provincial people's Committee: a) the draft master plan, strategic plan, economic-social development 5 years and every year of the layout plan, invested in the local budget; investment promotion plan of the province; the principal balance on the socio-economy of the province; including cumulative balance and consumption, balance of capital development, financial balance;
b) draft programme of action implementation plan for socio-economic development, according to the resolution of the provincial people's Council and is responsible for the track, general situation, plan, quarterly, 6 months, in a report to the provincial people's Committee, to coordinate the implementation of the principal balance on the socio-economy of the province;
c) draft program, plans to arrange, innovation enterprise development on local State administration; management and policy support for the sort of State enterprises and the development of small and medium enterprises in the economic sectors in the province;
d) draft decisions, only market; the program, measures the organization performs the tasks of administrative reform in the field of planning and investment in the management of the Department under the provisions of the law, decentralization of the Ministry of planning and investment;
DD) drafting the text about the category of domestic investment projects and foreign investment for each planning period and adjusted in case of need;
e) draft legal text specific regulations on standards for the position of Chief Deputy level, level the unit in the Department; Deputy Chief, financial-planning Department of the people's Committee of the district level after reaching the comments with the Department of finance by assigned by the provincial people's Committee.
2. The Chairman of the provincial people's Committee: a) draft decisions, directives and other documents issued under the authority of the Chairman of the provincial people's Committee of the State management sector of the Department;
b) draft decision on the establishment, merger, split, reorganize, defunct organizations, units of the Department under the provisions of the law;
c) level, tuning, recovery of investment certificates under the authority of the provincial people's Committee according to hierarchy.
3. Help people's Committee Chairman granted the direction, instruction, inspection, information, propaganda, popular legal education in the field of planning and investment; implementation of the legal text, the policy, planning, plan, program, project, scheme, in the scope of the governance of the Department after it is issued by the authorized or approved.
4. On planning and plan a) announced and responsible organizations make overall planning the social-economic development of the province after it has been approved according to regulations;
b) managed and operated a number of fields on the implementation plan of the provincial people's Committee;
c) guide the departments, the people's Committee of the district, the County, towns and cities in the construction planning, the plan fit with planning, socio-economic development plan of the General society was approved;
d) in coordination with the Finance Department estimating the budget and the allocation of the budget for the agencies, organizations, units in the province.
5. On the domestic investment and foreign investment: a) presiding, in collaboration with the Department of finance plans and layout development investment levels for each program, projects on the State budget due to the resource management consistent with the total investment and the investment structure by sector and the field;
b) presiding, in cooperation with the Department of finance and other relevant departments perform checks, monitoring, assessment of efficiency of use of development investment programs, investment projects; monitoring of investment under the provisions of Community law;
c) Do clue receiving, testing, inspection, monitoring, evaluation, assessment of investment projects under the jurisdiction of the provincial people's Committee;
d) active management of domestic investment and foreign direct investment in the province under the rule of law; organizing investment promotion activities as planned was the provincial people's Committee approval; investment procedures guide under authority.
6. Management of ODA and NGO aid sources: a) mobilization, attracting, coordinating management of ODA and NGO aid sources of the province; guide the departments construction portfolio and program content using ODA and NGO aid sources; General directory of program projects using ODA and NGO aid sources, the provincial people's Committee approval and report the Ministry of planning and investment;
b) review implementation of ODA projects program and the non-governmental aid resources; processed under the authority or the Petitions Committee Chairman provincial people handle these issues and problems in the deployment of reciprocal capital disbursement, implementation of ODA projects and non-governmental aid sources are related to many departments, sectors, and social levels; synthesis of periodic reports on the situation and effectively attract, using ODA and NGO aid sources.
7. procurement management: a) appraisal and responsible for the content of the writing process of the people's Committee Chairman granted the province about bidding, bid results, selection of contractors to the project or package of the jurisdiction decision of the Chairman of the provincial people's Committee; evaluation and approval of the plan, the result of choosing the contractor that the project or package has been Chairman of the provincial people's Committee authorized;
b) instructions, tracking, monitoring, inspection, checking the implementation of the provisions of the law on tenders and general situation reports done bidding projects have been approved and the implementation of public works tender according to the rules.
8. About the business, business registration: a) appraisal and responsible for the establishment of the scheme, arrangement, reorganization of State enterprises by local management; General situation of sorts, innovation, enterprise development and the development of businesses of different economic components;
b) implementation and responsible business registration procedures; Subscribe to temporarily stop trading; the new level, additions, changes, re-issuance and revocation of business registration certificate, certificate of registration of the branch, representative office in the jurisdiction of the Department; in collaboration with the branches to check, monitor, general situation and processed under the authority the following violations of business registration of local enterprises; collect, store and manage information on the business register according to the provisions of the law.
9. On the collective economy and private economy: a) General clue, propose models and mechanisms, policy, economic development planning, collective private economy; the Guide, track, and evaluate the implementation of programs, plans, mechanisms of economic development policy, collective, private and economic activities of the collective economic organizations and the private sector in the province;
b) presiding, in cooperation with the relevant authorities to solve the problems about the mechanism, the development of collective economy and private economy interdisciplinary in nature;
c) clue in collaboration with organizations and individuals in national and international research, summarizing the experience, building the program, project help, attract capital and resources to serve the economic development of collective, private economy on the province;

d) periodic reporting under the guidance of the Ministry of planning and investment to send provincial people's Committee, the Ministry of planning and investment and the Ministry, ministerial-level agencies are concerned about the situation of economic development of collective, private economy in the province.
10. international cooperation in the field of planning and investment as defined by law and assigned or authorized by the provincial people's Committee.
11. Responsibility guidance on professional service in the field of planning and investment in industry management scope to plan and invest for financial-planning Department of the people's Committee at district level.
12. Research and application of scientific and technical progress; construction of the information system hosting service, the management of the State and professional expertise in the field.
13. Inspection, testing, complaint resolution, to report in accordance with the law; processed under the authority or the authorized recommendations handle law violations in the areas within the governance of the Department; Prevention of corruption, negative, practice thrift and fight against waste.
14. the functions, duties, powers and working relationships of the Organization, business units in the Department; Payroll Manager, salary regimes and policies, policies, training, reward, or discipline for public servants in the scope of the governance of the Department under the provisions of the law and the hierarchy of the provincial people's Committee.
15. financial management, asset as defined by law and assigned by the provincial people's Committee.
16. Perform periodic reports, information and the implementation of the tasks prescribed by the provincial people's Committee and the Ministry of planning and investment.
17. Perform other duties by the provincial people's Committee entrusted according to the provisions of the law.
Article 3. Organizational structure and staffing 1. Head: a) the planning and investment have directors and not more than 3 (three) Deputy Director; for the city of Hanoi and Ho Chi Minh City, no more than 4 (four) Deputy Director;
b) Director is the head of Department, responsible to the people's Committee, Chairman of the provincial people's Committee and before the law of all activities of the Department; responsible for reporting the work of the previous provincial people's Council, the provincial people's Committee and the Ministry of planning and investment as prescribed;
c) Deputy Director of the Department's Director, responsible to the Director of the Department and before the law about the tasks assigned; When the Director is absent, a Deputy Director of the Department was operating Credential Manager in the activities of the Department;
d) appointing, appointing the Director and Deputy Director again, Department of planning and investment by the provincial people's Committee decided according to professional standards by the profession, the competent authorities and under the State's regulations on the management of public servants.
The maneuver, rotation, reward, discipline, dismissal, resignation, retirement and make other policy regimes for the Director, Deputy Director, Department of planning and investment made under the provisions of the law.
2. Organization structure: a) The professional room service;
b) business registration office;
c) Office;
d) Inspector;
DD) The business units directly.
Based on the nature, characteristics and requirements of local governance, Director, Department of planning and investment, in coordination with the Director of the Department of the Interior process of the people's Committee Chairman issued the decision on the number and the name of the specific professional expertise in planning and investment but the number of professional room service must not exceed 6 (six); for the city of Hanoi and Ho Chi Minh City, no more than 7 (seven).
For the Department of planning and investment has held forth at the point of DD account 2 things. Setting up the business units in the Department of planning and investment by the provincial people's Committee decided in accordance with the law.
3. Staffing: a) the payroll administration of the Department of planning and investment by the provincial people's Committee decision in the total staffing of the central province is delivered;
b) staffing of the unit directly under the Department of planning and investment by the provincial people's Committee decided according to the level of staffing and the provisions of the law.
Chapter II FINANCIAL-PLANNING article 4. The position and function 1. Finance-planning is the professional body in the people's Committee of the district, County, town, and city in the province (hereinafter referred to as the people's committees at district level) functions, Chief of the people's Committee at district level to help implement state management functions of planning and investment; business registration; General, unified collective economic management, private sector under the provisions of the law.
The implementation of staff functions, help people at district level Committee perform the functions of State management of the financial sector, the property of Finance-Minister of finance and plan the Interior Ministry instructions.
2. Finance-plans to seal and a private account; subject to the direction, management of organization, staffing and operation of district-level people's committees; at the same time subject to the direction, inspection, professional guide service in the fields of investment and planning, Department of planning and investment.
Article 5. Duties and powers of financial Room-planning duties and powers prescribed by the law on the areas of planning and investment and the specific powers, duties: 1. The people's committees at district level: a) the draft master plan, annual and 5 year plan of the district; the project, a program of social-economic development, administrative reform in the field of planning and investment district;
b) draft decisions, directives, guidance documents implementation mechanisms, policies, laws and regulations of the people's Committee at district level, the Department of planning and investment on the work plan and local investment.
2. The President of the people's Committee of the district level programs, portfolios, investment projects; appraisal and responsible for the project, local investment plans under the authority the decision of the President of the people's Committee at district level; appraisal and responsible procurement plan, the result of choosing the contractor that the project or package of the jurisdiction decision of the President of the people's Committee at district level.
3. Implement legal texts, mechanisms, policies, planning, plan, program, project, the project has been approved by the authority; information, advocacy, education, common law in the field of planning and investment.
4. Provide information, investment promotion, in collaboration with departments, the relevant professional organizations mobilize domestic and foreign investors to invest in the district; professional guide service for public officials working on the plan and social investment.
5. the Chairman, in collaboration with relevant agencies to monitor and assess the investment; check the enforcement of the law on planning and investment district; complaints, accusations and handling violation according to the authority.
6. On the collective economy, the private sector: a) the certificate of business registration for collective economic organizations and individual business households in the area in accordance with the law;
b) aggregate tracking, reviews the implementation of programs, plans, mechanisms of economic development policy, collective, private and economic activities of the collective economic organizations, the private sector in the district;
c) periodic reporting under the guidance of the Ministry of planning and investment to send the relevant departments and the Department of planning and investment to the General People's Committee report provincial and Ministry of planning and investment.
7. Synthesis and reports on the implementation of the tasks assigned to the Committee and the Department of planning and investment.
8. Research and application of scientific and technical progress; construction of the information system, the archive serves the management expertise, services are delivered.
9. personnel management and finance, asset as defined by law and assigned by the people's Committee at district level.
10. Perform periodic reports, information and implementation tasks under the regulation.
11. Perform other duties of State management in the field of planning and investment by assigning decentralized or authorized by the people's Committee at district level and in accordance with the law.
Article 6. Organization and staffing 1. Finance-plans have the Chief and not more than 3 Deputy head.
a) as the head Manager, responsible to the people's Committee, Chairman of the people's Committee at district level and before the law about the whole operation of the room;
b) The Deputy head's Chief, responsible to the Chief and before the law about the tasks that are assigned to the Manager; When the Chief is absent, a Deputy head is the Chief Executive commissioned the operation of the room;
c) among the leaders in the room (the head and Deputy head) must have at least 1 person was assigned to take charge of the planning and investment sectors;
d) the appointment, resignation and Chief, Deputy Head of the people's Committee Chairman by district level decision according to the standard of professional service by the provincial people's Committee.
The maneuver, rotation, reward, discipline, dismissal, resignation, retirement and make the other policy regime for the Chief, Deputy Chief rooms are done in accordance with the law.
2. The payroll administration of finance-planning by the people's Committee Chairman granted the district decided in total payroll of the district are the provincial people's Committee.
Chapter III the TERMS of the IMPLEMENTATION of article 7. Effective enforcement of this circular effect after 45 days from the date of signing and replacing circular No. 02/2004/TTLT/BKHĐT-BNV on 01/6/2004 of the Ministry of planning and investment and the Ministry of the Interior guidance functions, tasks, powers and organization of specialized agencies to help the people Management Committee of State planning and investment in local.
Article 8. Responsible for enforcing

1. the people's committees of provincial level specifies the tasks, powers and organizational structure of the Department of planning and investment; guide the people's Committee at district level specifies the functions, duties, powers, organization of finance-level plan.
2. The President of the people's Committee in the province, the city is responsible for centrally organized implementation of this circular.
3. In the process of implementation, if any problems arise or have difficulties, obstacles, people's committees of all levels and the relevant unit need timely reflection of the Ministry of planning and investment and the Ministry of Interior to consider, resolve according to jurisdiction./.