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Decree 92/2005/nd-Cp: Detailing The Implementation Of A Number Of Articles Of The Ordinance On The Capital

Original Language Title: Nghị định 92/2005/NĐ-CP: Quy định chi tiết thi hành một số điều của Pháp lệnh Thủ đô Hà Nội

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The DECREE detailing implementation of some articles of the Ordinance on the capital _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law organizing the people's Council and people's Committee on November 26, 2003;
Based on the capital Ordinance of 28 December 2000;
According to the proposal of the President of the people's Committee of Hanoi in the Sheet number 53/TTr-UB dated September 17, 2004, no. 4218/UB-NC on November 12, 2004, number 11/BC-UB on March 9 2005, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree detailing implementation of some articles of the Ordinance on the capital Hanoi on the mechanism, policy, assigned responsibilities and decentralized governance in the areas of economy, education, science and technology, socio-cultural, urban management, construction and development of the capital.
Article 2. The strategy of economic development-social capital 1. The construction, development of the capital is made according to the strategy, to planning the social-economic development of the capital.
A base resolution of the people's Council, the people's Committee of Hanoi City building strategy, to planning the social-economic development of the capital, the Government approval process.
2. The strategy for socio-economic development of the capital city must meet the following requirements: a) fully materialize the goal of building, development capital is defined in the Ordinance on the capital and this Decree;
b) clearly define the responsibility of the people's Committee of Hanoi City people's Committee, the provinces and cities under central, the ministries involved in the implementation of the strategy of socio-economic development of the capital.
3. The ministries when building industry development strategy is related to the capital is consistent with the strategy for socio-economic development of the capital.
Article 3. Building policy, develop the capital 1. The capital is the key areas are the focus of special investment of financial resources, human resources, budget, science-technology and other resources to ensure the effective implementation of the goals of building, development is regulated in article 3 of the Ordinance on the capital Hanoi.
2. Build, grow the capital is done synchronously, as comprehensive planning, program, plan, which clearly define the focus point, by region, sector, industry, meet the requirements of construction, development of the capital in each period.
3. The works, projects in the field, the State has encouraged policy shall be applied to the highest preference level as prescribed by the law.
On the basis of laws and ordinances and documents of State organs, the people's Council and people's Committee of Hanoi City issue, specific policies to accelerate socio-economic development and encourage implementation of socialization of local areas.
4. where necessary, the people's Committee of Hanoi City hired foreign experts to develop the capital development plan.
Article 4. Assigned, decentralized responsibility in investment, construction, development capital 1. The Government directed, assigned to the organs of the central State administration, local in the country to mobilize the resources to serve the construction industry, development of the capital.
2. Prime directly steer the formulation, development of the capital. Chairman of people's Committee of Hanoi City operating directly the formulation and development of the capital.
3. The ministries, ministerial agencies, government agencies in the scope of the task, their powers are responsible for guiding, coordinating with the people's Committee of Hanoi made the task of building, development capital; resolution or petition the Prime Minister to solve promptly the concerns arising in the process of implementing the socio-economic tasks of the city.
Within 30 days from the date of the text please comments or recommendations of the people's Committee of Hanoi, the ministries concerned have the responsibility to answer in writing on the issues in their jurisdiction. So the time limit on, the ministries do not respond, the people's Committee of Hanoi City was the right decision and take responsibility for the legality of the decision before the law and before the Government, the Prime Minister.
Chapter II the ECONOMIC DEVELOPMENT, education and TRAINING, science and technology, socio-CULTURAL ITEM 1 article 5-ECONOMIC DEVELOPMENT. Developing the service sector 1. Central ministries are responsible for cooperation with the people's Council, the people's Committee of Hanoi City building mechanisms, policies and specific solutions to developing service industry in high quality. The State Bank and the Ministry of Finance within its jurisdiction to rule on the policy, financial and monetary measures to build Hanoi became the financial center of the region and the country.
2. In addition to the General preference of the State, the people's Committee of Hanoi on the State Agency has the authority to decide the policy of investment incentives, encouraging mechanism for the high level of service industries in the areas of trade, finance, banking, tourism, technology transfer , corporate training, public traffic, the new service sector.

3. The service sector are priorities which layout, manpower, equipment and facilities to develop in order to exploit the potential radical, strong serve socio-economic development of the capital and strategies for socio-economic development of the entire region.
Article 6. Develop the industry of 1. The construction industry development planning, long term plan, 5 year and annually, the industry's important work, which clearly define the planning section, planning related to the capital, taking the comments join the city people's Committee of Hanoi, the prime consideration , approved; the Organization and the direction taken when approved.
The Ministry of industry and the Ministry of Finance within its jurisdiction to rule on the policy, the specific measures to build Hanoi became the center of mechanics-automation of the country.
2. On the basis of the master plan, the industry plan was approved by the Prime Minister, the people's Council, the people's Committee of Hanoi has the right: a) suggest the Prime Minister asked the Ministry of industry implementation planning, the plan has been approved. With regard to the content of the planning, the plan is related to the land, The industry is not made within a period of 12 months or progress slowly over 24 months from the date of the master plan, the approved plan, the people's Committee of Hanoi on the report and suggested the Prime Minister delivered the city people's Committee of Hanoi held comply the planning, the plan has been approved;
b) reassigned the industrial network of the capital in a reasonable manner, exploiting the Land Fund, effective fits sector planning;
c) decided the measures of raising capital to develop high-tech industries, create new products, economic efficiency highly competitive;
d) process of competent State authorities decided the reduction of land rents, loan assistance incentives to encourage enterprises in all economic sectors to invest in production development and promote the export of the items in the fields of computing, electronics, biology, mechanical, automation , production and use of new materials, processing agricultural, forestry and fisheries and the items of capital with competitive advantages;
DD) decided the mechanisms, policies to promote renovation work, arrangement and development of State enterprises; construction of industrial enterprises in rural areas.
Article 7. Agricultural development and suburban economic 1. The Ministry of agriculture and rural development, building development plan, a long-term plan, 5 year and annually towards industrialization and modernization of the countryside, promote exports; the importance of the sector, which clearly define the planning section, planning related to the capital, taking the comments join the city people's Committee of Hanoi, the prime consideration and approval; the Organization and the direction taken when approved.
2. On the basis of planning, planning, agriculture, industry and trade has to be approved by the Prime Minister, the people's Council, the people's Committee of Hanoi has the right: a) suggest the Prime Minister asked the Ministry of agriculture and rural development, Ministry of industry, Ministry of commerce implementation planning the plan has been approved;
b) decided the measures implemented the contents planning, planning related to the capital has been the Prime Minister for approval;
c) build policies to attract the sources of capital to economic development in rural and suburban capital towards ecological agriculture; prioritize clean agriculture product development; gradually increasing the proportion of the industry, the services in the rural economic structure; step by step reduction of agricultural workers; increase the efficiency of use of agricultural land;
d) The State Agency has the authority to decide the policy of incentives for organisations, individuals and foreign investment in manufacturing, processing, food exports; expands the link created the market for the consumption of agricultural products;
DD) issued regulations to conserve, restore, consolidate and develop the traditional villages selectively; upgrade the new high quality industry, attracting local workers.
Item 2 DEVELOP EDUCATION and Training 8. Developing higher education and on the University 1. The Ministry of education and training and the ministries manage the capital of schools have the responsibility to: a) building development planning, long term plan, 5 year and annually, the industry's important work, which clearly define the planning section, planning related to the capital opinions, participation of the people's Committee of Hanoi, the prime consideration and approval; organizes and directs implementation as approved;
b) decisions in the scope of his authority, plans to gradually transfer to universities, colleges, vocational high school, out and surrounding suburbs; planning target training; decide the measures enhancing the quality of teaching; assigned, decentralized management training for principals, College and universities to meet the training requirements for capital and human resources throughout the country;
c) investment, to upgrade a number of universities and colleges there are in Hanoi to improve the quality of training and infrastructure under regional and world standards;

d) presided, in cooperation with the people's Committee of Hanoi City issued regulations of students of universities and colleges; investment to resolve the accommodation for students of universities and colleges in the area.
2. the people's Committee of Hanoi City hosted, in cooperation with the Ministry of education and training planning the construction of the student village has the infrastructure, the creation of modern educational-cultural environment for the universities and colleges in the area.
Article 9. The development of general education, vocational of capital 1. The people's Council, the people's Committee of Hanoi is responsible for: a) decided the measures focus, mobilization of capital to build, renovate, upgrade, modern infrastructure of the intermediate school, vocational school, preschool, kindergarten and other educational institutions by the city people's Committee of management;
b) decide policy engine, specific measures to encourage individuals, organizations developing education, training; links, partners with organizations and individuals in and outside the country to expand the base and the types of education and training to improve the quality of service required for socio-economic development of the city and the surrounding provinces; has allowance policy for teachers, learning support in the difficult areas, poorly developed;
c) decided to move the professional school, vocational establishments subordinated to the city people's Committee to form the sale;
d) initiative in collaboration with the Ministry of labor, invalids and Social Affairs, the Ministry of education and training in the study of the proposed mechanism, specific policies for the capital to develop the educational system, teaching goals.
2. The Ministry of labour, invalids and Social Affairs, coordinating the ministries concerned have the responsibility to: a) building plan and investment funds to upgrade, develop vocational system in the capital due to his management sector in order to train the highly skilled technical personnel to serve the economic development of the capital and the export of labour;
b) in collaboration with the people's Committee of Hanoi in the implementation of projects to improve the quality of vocational training and of the city.
ITEM 3 SCIENCE and TECHNOLOGICAL DEVELOPMENT article 10. Scientific and technological development 1. The responsibility of the Ministry of science and technology and the ministries: a) Ministry of science and technology development plan, long term plan, 5 year and annually, the industry's important work, which clearly define the planning section, planning related to the capital, taking the comments join the people's Committee of Hanoi City , the prime consideration and approval; organizes and directs implementation as approved;
b) Ministry of science and technology, the Ministry of Finance has the right to decide, within its jurisdiction, policies, measures specific to build Hanoi became the Centre for research, information technology applications, biotechnology of the country;
c) Ministry of science and technology, in cooperation with the Ministry of planning and investment, Ministry of finance and the ministries concerned with the industry's plan to balance the requirements of the city to invest in the construction of a number of research establishments, laboratories and standards on international capital;
d) Ministry of science and technology and the Ministry of industry, is responsible for building regulations of the city support in building up the basis of science research network technology, use of research facilities and laboratories under the control of the management of local industry, serving the building requirements capital development.
2. the people's Committee of Hanoi is responsible for: a) construction planning, development plan of science and technology of the capital in the direction of high-tech development priorities in the field of e-information, bio-engineering, automation, production and application of new materials;
b) decided the measures encourage organizations and individuals in local and foreign investment to build the base for research, development and application of science and technology; enacted statutes used, hire experts in the development and construction activities in the capital;
c) set up, manage and use Funds for science and technology development.
Article 11. Create technology markets 1. The Ministry of science and technology have the responsibility to: a) presiding, in coordination with the ministries concerned, the people's Committee of Hanoi City building regulation research organization and activities of the information centre, brokerage, transfer of technology, the support center of industrial property;
b) promotes the application of quality management method in advanced manufacturing businesses, contributing services to create a high quality environment in the capital.
2. the people's Committee of Hanoi City issued regulations, construction, development of local technology market to serve the goal of socio-economic development of the capital.
Section 4 DEVELOPMENT of socio-CULTURAL article 12. Cultural development 1. The Ministry of culture and information, is responsible for: a) building development planning, long term plan, 5 year and annually, the industry's important work, which clearly define the planning section, planning related to the capital, taking the comments join the people's Committee of Hanoi City , the prime consideration and approval; organizes and directs implementation as approved;

b) construction, embellished, manage the work culture is especially important in the nation's capital; reunification with the people's Committee of Hanoi before enacting regulations exploitation, use this works; set the directory of cultural properties in the country under the authority of the management and delivery of cultural works that are managed for the city in 2007;
c) in collaboration with the people's Committee of Hanoi, the Prime Minister decided the measures of support for the project by the city people's Committee of Hanoi in preserving the religious, historical, cultural, scenic, ancient town, the old city and the construction of cultural buildings are typical in the capital and throughout the country.
2. the people's Committee of Hanoi is responsible for building and implementation of conservation projects, development of traditional culture of the capital; enact the rules of cultural standards, cultural lifestyle in communication, conduct, activities of State management bodies and people's lives.
Article 13. Consolidate and improve the health system 1. The responsibility of the Ministry of health and the ministries: a) Ministry of health building development planning, long term plan, 5 year and annually, the industry's important work, which clearly define the planning section, planning related to the capital, taking the comments join the people's Committee of Hanoi City , the prime consideration and approval; organizes and directs implementation as approved;
b) Ministry of health, the Ministry of Finance within the scope of his authority regulations:-The policies and specific measures for building in Hanoi, a Research Center, gene technology, application of the country;
-Investment funds to upgrade the hospitals, the pharmaceutical production facility there due to The local management of the capital into the Medical Center, high quality modern pharmacology;
-Planning and building a number of large high-quality hospitals in Hanoi and surrounding provinces, in some of the key economic region in order to reduce the overload for the hospital in the inner city.
2. the people's Committee of Hanoi City is responsible for the investment funds to upgrade, develop treatment systems, the pharmaceutical system of healthcare, cities, communes with suitable development plan of local health networks in the capital and the regulation of the Ministry of health about the conditions , industry standards, meet increasing needs and the diversity of the people of the capital; upgrade planning, development of the County Medical Center, the hospital district.
3. the people's Committee of Hanoi allowed the mobilization of manpower, the manpower of the medical establishment by the central management plays in on taking remedial due to natural disasters, disease cause; implementing preventive solutions and pushing back the disease.
Article 14. Fitness and sports development 1. The Sports Committee is responsible for: a) investment to build a modern sports complex, the Sports Centre and sports facilities the standard national and international area;
b) in collaboration with the people's Committee of Hanoi in performing the tasks specified in paragraph 1 of this article.
2. the people's Committee of Hanoi is responsible for: a) planning sports facilities with the implementation of the detailed planning of the district, the neighborhood, the new city;
b) focus on building a number of Department of physical education, sports with high achievements for the sports activities of the capital and the country;
c) The State Agency has the authority to enact regulations, incentives encourage individual organizations formed the basis of local sports.
Chapter III MANAGEMENT and construction, the URBAN DEVELOPMENT of the CAPITAL MASTER PLAN and the MANAGEMENT category 1 URBAN CONSTRUCTION article 15. Architecture management, planning to build the people's Council, the people's Committee of Hanoi is responsible for: 1. The decision to establish and approve the detailed planning of the new city, the administrative-political regions, administrative-economic, financial, trade, Foreign Affairs, culture, sports , the rural population points; the base of the Planning Department in the capital has been the Prime Minister for approval, construction of the Hanoi architecture oriented towards modern, conserving, preserving the characteristic architecture of Hanoi, ensure, consistent with the nature of history, politics, culture, population and development conditions of the capital.
2. Enact regulations of construction planning and architecture in each area specific capital match.
3. Build the system to provide public information about the secured architecture planning for all organizations and citizens wishing to learn.
 
Article 16. The measures taken to manage and build in 1. The people's Council, the people's Committee of Hanoi is responsible for: a) decides investment areas built housing business purposes; the area where the business or property, use the housing must have the condition;
b) decide on the Organization of incentives, personal investment, construction, housing development;
c) preferential mode decision in selling, renting housing for the objects of policy, officers, public servants and low-income people;
d) implemented measures to create, organize, manage the business property market;

DD) issued the regulations on the management of housing quality standards, technical, home building unit price in accordance with the conditions of the capital; After the unanimous opinion in writing of the Minister of construction;
e) prescribing minimum ground area in each area in the inner city and the new city was allowed to build houses, tall buildings;
f) synthesized, categorized to handle under the provisions of the law before making the grant of a certificate of ownership in these cases buy, sell house legal origin or legal recognition of people who do not have permanent residence in Hanoi.
2. The Agency, held by the Central Administration in Hanoi are responsible for cooperation with the people's Committee of Hanoi in solving accommodation for officials and employees when employed, receiving them to work in the capital.
Section 2 MANAGEMENT of the LAND, POPULATION and the ENVIRONMENT article 17. Land management 1. The people's Committee of Hanoi is responsible for: a) decided the number of development organizations to fund the land registration office of land use; enacted statute organization and activity of the Organization;
b) decide necessary measures to accelerate the certification of land use suitability with the reality and situation of local management, complete the certificate of right to use land and home ownership for organizations and individuals in the city;
c) on the basis of the land price bracket because of government regulation, decision and publication reviews the types of local land line with the goal of urban development planning and the actual situation of the real estate market in the capital;
d) organizations deploy the record-setting housing; construction of information system of land management;
DD) decided to land at the former location of enterprises in an to relocate under the master plan of the city people's Committee;
e) presided, in cooperation with the Ministry of finance statistics housing property owned by the State administrative agencies, the industry, the business of the Central and local levels close to handle or process authority handling the case of misuse the purpose, to promote effective surplus State assets;
f) enact text about compensation, resettlement and construction of housing relocation in accordance with the law and with the real estate market in the city.
2. The central ministries are responsible for implementing and directing the base under the Hanoi implemented strictly the regulations of the people's Committee of the city related to the land.
Article 18. Residential Management Council of the people, the people's Committee of Hanoi is responsible for: 1. Manage the immigration to the capital as planned due to the Prime Minister for approval; implementing regulation of the population fits the scale, density, structure under the overall planning consistent with building requirements, develop the capital.
2. Decide on the measures to strengthen the management of passwords to ensure quality and reasonable population scale in urban counties, and areas with high population density.
3. Regulation and held tight management of local workforce, particularly the self-employed, workers; encourage organizations and individuals established the Centre for job referral Guide.
4. Cooperation with the Government of the province implemented measures to restrict spontaneous immigration, workers, people who wander begging, mentally ill people into the capital.
5. Enact and implement support mode, recommended for people who voluntarily moved from the inner city and suburban out for immigrants from Hanoi to other localities.
6. The competent State agencies issued the regulation of labor recruitment incentives in place to proper training with professional service requirements; creating favorable conditions for highly qualified people, professionals about living and working in Hanoi.
Article 19. Strengthening management and protection of the environment 1. Ministry of natural resources and the environment, in collaboration with the people's Committee of Hanoi City people's Committee and the relevant provincial building, implementation of environmental protection plan the Red River, River, River Bottom Elite; at the same time consistent with the people's Committee of Hanoi City planning, investment planning, development of environmental monitoring network and the method of extraction of environmental information from the station because of the investment environment, building on the area of the city.
2. The ministries responsible for building plan and implement the migration of manufacturing facilities, industrial and hospital environmental polluters by the Ministry, the management out of the inner city before 2010.
The people's Committee of Hanoi City is responsible for the management and comprehensive environmental protection capital according to the environmental protection Law and the provisions in clause 1 of the capital Ordinance: article 15 a) decide necessary measures prescribed by law to protect the environment of the capital after the city councils through;
b) issued regulations to encourage the organizations and individuals in the implementation of the socialization of environmental protection activities;
c) established the environmental protection fund with capital initial grants from the State budget and the additional capital from other sources, including the kind of environmental protection;

d) Land Fund guaranteed to make the move to the production facilities, hospitals, industrial environmental polluters out of the inner city, residential area.
ITEM 3 development of INFRASTRUCTURE SYSTEMS ENGINEERING article 20 MUNICIPALITIES. The master plan, the development plan of infrastructure systems engineering 1. The Ministry of industry, the Ministry of posts and telecommunications, the Ministry of defence, the Ministry of public security is responsible for coordinating with the people's Committee of Hanoi City construction plan of development of information systems, power supply systems, modern; the Ministry of industry, management, and use of electricity, the contact information is in collaboration with the people's Committee of Hanoi to make an underground cable system down and line in Hanoi before 2010.
2. The Ministry of agriculture and rural development is responsible for coordinating with the people's Committee of Hanoi in planning the system, the city's embankment and delete some of the old embankment routes no longer function; effective exploitation of land either side of the River under the provisions of the law.
3. The people's Council, the people's Committee of Hanoi is responsible for: a) Ministry of transportation, Ministry of natural resources and environment, the Ministry of construction planning construction and management system for urban traffic system; the system of underground works include yet-nen engineering, water supply and drainage; waste management and environmental sanitation of the capital;
b) construction of the city on either side of the road with road building, secured streets of civilization, architecture, modern landscape;
c) project management master plan and use the Land Fund in addition to the Red River include: the play of the Red River embankment project, planning the flood escape corridor, planned residential area along the banks of the River in the city, the Government report submitted to the National Assembly to review the decision.
Article 21. Manager of infrastructure systems engineering municipality 1. The people's Committee of Hanoi the city people's Council to decide the level of collecting fees according to the provisions of the law relating to the use of infrastructure works municipality of technical competence in the management of the city.
2. the people's Committee of Hanoi City hosted, in cooperation with the Ministry of transport, Ministry of posts and telecommunications, the Ministry of agriculture and rural development, Ministry of industry and the ministries concerned have the responsibility to enact the regulation coordinating mining investment, use the technical infrastructure of local municipality by The capital investment , construction.
Chapter IV CONSTRUCTION INVESTMENT, CAPITAL DEVELOPMENT Article 22. Auctions of land use 1. The city people's Committee was to mobilize and use the revenue from the auction of land use to develop socio-economic infrastructure of the city's society under the rule of law.
2. Based on the needs of capital for development investment according to the master plan of the city and the existing Land Fund, the people's Committee of Hanoi City advance budget for the project to build technical infrastructure area land-use rights auction. Funds deposited will be refunded upon completion of the auction.
Article 23. Idle capital advance and specify currency fees after the reunification with the Ministry of finance, the people's Committee of Hanoi are: 1. To advance the central budget and other sources of capital (not paid) to accelerate the progress of construction works, project by the city budget capital investments and the target the city's other tasks. The city must balance its budget to pay the debt when due.
2. The City Council decided the level of costs, fees, donations, mode, standard, costs according to the provisions of the law suit the particularities of the capital and the ability to balance the city's budget.
Article 24. Investment management divisions of the President of the people's Committee of Hanoi City has the right to: 1. Investment decision regardless of the scale of investment capital for the project by the city's budget and legal capital due the city mobilized in the field of construction of new urban areas and housing systems, technical infrastructure, urban infrastructure, social infrastructure, agricultural and rural development.
2. Approval of the projects of foreign direct investment (FDI) have total investment capital to 40 million excluding the areas the Government has other rules, investment projects by official development assistance (ODA) non-refundable has a total investment of up to $2 million and the ODA projects had a total capital level to 10 million USD in the case of The in the balance are the source of repayment.
3. Authorize the Chairman of the district people's Committee, the district, heads of departments, sectors of the city to decide the Group C project investment and implementation of investment projects for the use of domestic capital in the authority for approval of the Chairman of the city people's Committee.
Chapter V ENFORCEMENT PROVISIONS article 25. Responsible for enforcing Decree 1. The Ministers, heads of ministerial agencies, government agencies, the Chairman of the people's Council, the people's Committee of Hanoi City, Chairman of the people's Council, the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.
2. The ministries in the scope of the task, their powers are responsible for cooperation with the people's Council and people's Committee of Hanoi on implementation of this Decree.

Article 26. Effect 1. The Decree has effect after 15 days from the date The report.
2. The provisions of the Government issued before the date of the decree to take effect that are contrary to the provisions of this Decree shall apply the provisions of this Decree.