Decree on decentralized management of some fields for the Ho Chi Minh City _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on Government Organization, 30 September 1992;
Pursuant to the law organizing the people's Council and people's Committee, on 21 June 1994;
Pursuant resolution No. 8/2001/NQ-CP on 02 August 2001 of the Government on the content of the regular government session in July 2001;
According to the proposal of the President of the people's Committee of Ho Chi Minh City in the sheet number 3113/UB-TT on 7 September 2001, the DECREE: chapter one: GENERAL PROVISIONS article 1. Scope this Regulation Decree on decentralized content management of the State for the people's Council, the people's Committee of Ho Chi Minh City on a number of areas:-management, planning, investment and economic development, society;
-Manage the House, land and urban infrastructure;
-Management of the State budget;
-Organization and management of public servants.
Article 2. Hierarchical goal strengthen decentralized management for Ho Chi Minh City (hereinafter referred to as the city) aims to promote responsible and facilitate promotion of initiative, the creativity to resolve timely the problem posed in the jurisdiction of the people's Council, the city people's Committee exploitation potential, effectively the city's strengths in social-economic development, with the position, the role of the city for the country and the region.
Article 3. The principle of The decentralized management hierarchy for the city are made according to the following rules: 1. Ensure the leadership, direction, focus and operating smoothly by the Government; at the same time promote responsible autonomy, dynamism, creativity of the city in the implementation of the goals of socio-economic development in the area.
2. a management hierarchy associated with strengthening the responsibility of the ministries for the operation of the City Government.
3. Decentralized management coupled with the implementation of the programme of administrative reform at all levels of Government to enhance the effect, the effect of the air in local governance; facilitate the operation of businesses and the lives of the people.
4. Consistent with the current law on the authority of Government, the Prime Minister.
5. Decentralization of management coupled with the enhanced responsibilities of the people's Council, the people's committees of cities and expand democracy, made public for the subordinates to join discussions and implementation monitoring.
Chapter 2: management of planning, PLANNING, investment and ECONOMIC DEVELOPMENT, Social Conditions 4. Manage the planning, plan 1. In the process of implementation master plan for socio-economic development in the area, the people's Council and people's Committee responsible: a city) construction, approval of detailed planning and local planning adjustments to ensure harmony, harmony and match each stage of development , but does not change the perspective and orientation of the master plan has been approved by the Prime Minister;
b) Made in coordination with the ministries, ministerial agencies, government agencies and the central units close to build and implement the planning of local industry;
c) coordination and cooperation with the local support of the southern key economic Region in building and implementing socio-economic development of the whole region.
2. Ministries, ministerial agencies, government agencies are responsible for: a) strategy and development planning, the planning of the southern key economic Region as a base for the people's Council, the city people's Committee building planning, socio-economic development plan and social sector planning;
b) Guide and coordinate with the city people's Committee in the formulation and implementation of planning, socio-economic development plan of local social city;
c) settled under the authority or the Prime recommendations timely solving the problems arising in the process of implementing the master plan, the city's plan.
Within a period of 30 days from the date of receiving the recommendations of the city people's Committee; ministries, ministerial agencies, government agencies concerned must reply in writing on that petition. So the time limit on, if no comments to answer, then regarded as agreed with the recommendations of the city people's Committee and other relevant bodies must take responsibility for the content of his jurisdiction. the city people's Committee was the right decision and report to the Prime Minister.
3. The province of the southern key economic Region: the people's committees of provinces and cities in the southern key economic Region is responsible for cooperation with the people's Committee of Ho Chi Minh City in the implementation of the master plan and planning specialization in the region, ensure the synchronization consistency on issues of socio-economic development within the entire region.
Article 5. Investment management 1. For some capital investment projects in the country (except for the projects in the field of Defense security protection has national security, establish and build new industrial zone, producing toxic substances, explosives are not dependent on the scale) by the city people's Committee of management but the jurisdiction decision of the Prime Minister, now the Prime Minister approved the feasibility study report of the project and authorize the Chairman of the city people's Committee decided to invest and develop the next steps of the project implementation process.
2. Pursuant to Decree No. 51/1999/ND-CP dated 8 July 1999 from the Government about issuing of investment management regulation and build, Decree No. 12/2000/ND-CP dated May 5, 2000 by the Government on the amendments and supplements to some articles of the Statute and building investment management attached to Decree No. 51/1999/ND-CP , Chairman of the city people's Committee is entitled to decide on the investment projects using domestic capital, in accordance with the planning, socio-economic development plan of local society by the city administration, except for those projects with ODA, foreign credit capital by the State Bank of Vietnam and the Ministry of finance guarantee.
3. for the projects referred to in paragraph 2 of this Article that the Prime hierarchy for the Chairman of the city people's Committee decided to invest, Chairman of the city people's Committee was delegated to the Chairman of the district people's Committee, the District Director and the departments, implement the investment industry. The Chairman of the city people's Committee responsible for this authorization before the Prime Minister.
4. The Chairman of the city people's Committee is responsible for deciding and directing the implementation of investment projects in line with planning authorities, socio-economic development plan of local social city and in compliance with the technical-economic norms, environmental regulations on the management of the industry for each project.
Ministries, ministerial agencies, relevant government agencies are responsible for guidance, the urge, to check the implementation of the investment project in accordance with the provisions of the law.
Article 6. Authority in the bidding Committee Chair people of the city approved plans to tender, the tender review criteria, the bidding results, specify the bid for the project in the city's management authority, on the basis of compliance with the specific conditions of the tender regulation promulgated in Decree No. 88/1999/ND-CP of September 1999 and Conference No. 14/2000/ND-CP dated May 5, 2000 by the Government on the amendments and supplements to some articles of the tender regulation attached to Decree No. 88/1999/ND-CP. Article 7. Sort and reorganize State-owned enterprises

The Chairman of the city people's Committee is entitled to determine the capitalization, delivery, sale, lease, rental business and arranging for State enterprises under the jurisdiction of the people's Committee of management of the city. The implementation of the content in this article must comply with the provisions of the relevant laws and the documents guiding the implementation.
Article 8. Promulgation of regulations to encourage socializing public services and social infrastructure 1. On the basis of the provisions of the current law, the people's Council, the city people's Committee issued preferential regimes, specific management mechanisms aimed at encouraging economic sectors to participate in extensive public service local municipalities under the form of securities , tenders, public service subsidies due the investor provided or contracted to buy the kind of urban services.
2. On the basis of resolution No. 90/NQ-CP on August 21, 1997 and Decree No. 73/1999/ND-CP dated 19 August 1999 from the Government about policies that encourage socializing with respect to activities in the field of education and training, health, culture, fitness, sports, after the reunification with the comments concerned, the City Council decided the advocates, the measure aims to encourage, promote, extend the forms of socialization for the activities in the field of science and technology, education and training, health, fitness, culture, sports.
3. On the basis of the city planning in the field of education and training, health, culture, fitness, sports, city people's Committee has the following powers: a) decided to establish the common institutions, the sale, private schools; establish or form the sale for the professional school, vocational, health facilities, cultural establishments, fitness facility, sports city;
b) decided to establish the kind of local hospitals under the Ministry of health about the conditions, the standards of the industry.
Article 9. Residential management and social issues based resolutions of the people's Council, the city people's Committee issued: 1. The regulations on the management of migration, regulating measures to control and limit immigration spontaneously, contrary to law; adjustable inhabitant according to the master plan, on the basis of ensuring the legitimate rights and interests of the people;
2. The preferential rules, create favorable conditions for highly qualified people, professionals reside, work;
3. The regulations on labour management, measures to create new jobs, reducing the unemployment rate.
Chapter 3: GOVERNANCE, land and URBAN INFRASTRUCTURE article 10. Home management, land for organizations, households, individuals in the country based on the current land Laws and the documents guiding the implementation of the law of the land, the city people's Committee issued the rule on: 1. The order and administrative procedures regarding the transfer of the land use purpose from other soils into ground buildings in the area for detailed planning has been review of;
2. The order and procedures of certification of land use as is uses for organizations, households, individuals;
3. Order and administrative procedures regarding the transfer of rights to use the land for agriculture, aquaculture land, salt land in the district and the County;
4. The order and procedures of land or rent land for the project;
5. procedure for rent, sublease, inheritance and land use rights as collateral, which is equal to the value of land use in the city.
Article 11. Manage home, land for foreign individuals, institutions, Vietnam people settled in a foreign city people's Committee was authorized to prescribe procedures for buying houses attached to land use in Vietnam for people settled abroad subject to the provisions of article 80 amendment supplementing a number of articles of the law of the land in 2001 and guiding the implementation of the Land Law, investment in the city.
Article 12. Jurisdiction to determine the price of land, compensation for damages and recovery of land of the city people's Committee: 1. Pursuant to the provisions of the Government framework and principles, methods of determining the soil type is authorized, the provisions of local land prices consistent with the goal of urban development planning and the actual situation of the real estate market locally.
2. establish the land valuation consulting company and the structures attached to the land, meet the requirements for determining the value of compensation or support when the State revoked the land; levy played forever home, associated with the land use right and the case has other requirements.
3. Be responsible for the compensation organization clearance pricing mechanism specified in clause 1 and 2 of this and direct recovery of the entire land area of the planning of construction projects, irrespective of the purpose of the project, then lease or land to the investor of the project.
Article 13. Management architecture and planning building city people's Committee has the powers and responsibilities: 1. General planning base in Ho Chi Minh City has been approved by the Prime Minister and the unified opinion written by the Ministry of construction, held up, and approve the detailed plan; balanced, rational use of capital budget under the annual plan; create policies which created the project investigation, survey and design of construction planning.
2. Enact regulations architecture and planning building on the area of the city in order to concretize the standards, State standards of planning, architecture and construction suits the actual conditions of the city.
3. Build, issued regulations on landscape architecture in accordance with current rules, guaranteed to preserve the cultural heritage, traditional architecture and the development of the modern city, rich in ethnic identity.
4. The organization publicized the planned construction projects that have been approved by the authority; Introduction location and zoning certification for organizations or individuals to perform and inspect the building as planned.
Article 14. Investment management and construction of the city people's Committee is authorized to enact: 1. The investment management process and build for the type of project and construction works on the area of the city, ensuring compliance with the purpose, requirements and basic principles of investment management and build according to the regulations of the Government and in accordance with the actual conditions of the city.
2. The standards, rules, processes and specialized construction unit price accordingly with the actual conditions of the city after a unanimous opinion written by the Ministry of construction.
Article 15. Manage the technical infrastructure 1. After the approval in writing of the ministries concerned, to base the resolution of the City Council, the city people's Committee issued the regulation in cooperation with the agencies, the specialized units of the ministries, ministerial agencies, government agencies in the management of the unified investment and construction activities exploitation, using the technical infrastructure works on the area of the city.
2. The base of the resolution of the Council of the people, the city people's Committee issued: a) regulations encourage the development of technical infrastructure in the district and the city's new district;
b) regulations encourage the development of the kind of public passenger transport.
Article 16. Environmental protection and management in the city of 1. A base resolution of the people's Council, the city people's Committee issued the regulations on: a) encourage investment in the field of environmental protection and the development of Green Park in the city;

b) support on land, capital, technology and other support measures to relocate or renovate the facilities of production, business and other existing polluting sources in the inner city.
2. The base environmental protection legislation, ordinances handling administrative violations and text related enforcement guidelines, the Chairman of the city people's Committee are specified and the level of financial contribution method for organizations, individuals produce business, harm the environment in the city.
Chapter 4: managing the STATE BUDGET article 17. Management of State budget revenue in the city of 1. Government targets total annual State budget collection in the city, including the central budget for revenues and revenues for local budgets. Under the guidance of the Ministry of finance, the city people's Committee is responsible for directing, urging the conduct currency secured as planned.
2. the budget of the city's revenue sources include: a) the revenues the city retained 100% under the provisions of the law on the State budget;
b) revenues are divided according to the percentage (%) between the central budget and the budget of the city under the provisions of the law on the State budget. The Government decided in percentage (%) of the particular division of the revenues are between the State with stable city budget within 5 years; c) additional amounts has the objective from the central budget to make the unscheduled tasks due to the Government;
d) other revenues due to city people's Council to decide the jurisdiction under the provisions of current legislation and according to the provisions of this Decree.
3. Pursuant to the law on State budget and other documents guiding the implementation, the City Council decided to allocate reasonable revenues in local budgets for the budget, districts, wards and communes.
Article 18. Authority to mobilize investment capital 1. The people's Council, the city people's Committee was mobilizing domestic capital through loans, bonds, bonds, loan self mechanism charged with the city's budget revenues.
2. the people's committees of cities were borrowed from development assistance Fund and the other financial resources to invest in the construction of infrastructure, social-economic in addition to the forms of loan prescribed in clause 1 of this article.
3. Total outstanding loan capital investment annual account 1, 2 of this, not to exceed the total annual investment level of the city budget.
4. The people's Council was right to decide the terms of surcharges, charges, fees and other revenues prescribed by the law on the State budget; Ordinance on fees and charges and other documents guiding the implementation, in order to meet the needs of socio-economic development of the city and must conform to the standard of living of the local population of the city.
5. The Chairman of the city people's Committee, after being authorized by the Prime Minister decided to take over the non-refundable aid to the city, (not dependent on the level of aid) except the religious sector, defense, security, responsible for the direction, management, effective use of the funds full reflection, through the budget and make the reporting currency regime this capital expenditure under the provisions of the law.
6. The city people's Committee has the responsibility to consolidate and develop "investment funds and urban development of the city" there, the building and the Prime Minister decided to establish the Fund, other financial investments of the city with the participation of State capital contribution, enterprises in the economic sectors and of the individual in order to enhance the ability to attract the sources of capital for investment and development.
Article 19. City budget management 1. Based on the estimated State budget allocated annually, on the basis of the instructions of the Ministry of finance, the City Council allocated specific details, the sort task, matching spending demanded for socio-economic development of the city.
2. In addition to the allocation of the expenses was balancing the budget, revenues from the people's Council, the city people's Committee allocated more expenses from investment capital sources specified in article 18 of this Decree.
3. The people's Council, the human population of the City Commission responsible for budget balance, ensure the task of the city budget, including the additional debt the financial reserve fund; at the same time implement and publicly report mode turns the incomes and expenses budget according to the provisions of the law.
Chapter 5: ORGANIZATION and PERSONNEL MANAGEMENT, PUBLIC SERVANTS article 20. Organization and personnel management, public servants 1. Based on the provisions of the applicable law and the requirements of local governance: a) the people's Council, the city people's Committee authorized the Government to decide on the specific numbers of specialized agencies in the city people's Committee;
b) city people's Committee decided the arrangement, dissolution, the establishment of the new business units in the city's management scope (particularly for the professional school, vocational Ministry, ministerial-level agencies, government agencies, colleges, the University made under the provisions of the Education Law).
2. Based on the total payroll allocated by the Government and demanded for socio-economic development of each period, the consent of the Council, the city people's Committee to determine and allocate payroll targets for administrative units, the enterprises of the city towards streamlining and socializing areas of public service.
3. Base Ordinance, public officials and other documents guiding the implementation of the city people's Committee, regulated the incentive mode of recruiting cadres in the trades few entrants; made in the contract form payroll targets for a number of titles waiting for examination.
4. On the basis of standard rules of appointment, operation, the discipline of officers, public officials, the Chairman of the city people's Committee appointed, maneuver, discipline heads of specialized agencies in the city people's Committee and report to the ministries concerned to know.
Article 21. About incentive regime for public officers in addition to the mode, the State's general policy applicable to the officials and servants, the city people's Committee set forth the additional allowance within the city budget in order to: 1. Attracting skilled workers and technical expertise in a number of areas industry, spearhead, has high economic efficiency, priority development needs.
2. Encourage public servants to work in the area of socio-economic constraints and underdevelopment or complex in nature, few people want to do.
Chapter 6: terms of the IMPLEMENTATION of Article 22. Implementation 1. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's Council and Chairman of the people's Committee of Ho Chi Minh City is responsible for the implementation of this Decree.
In the process of implementation, if there are problems and obstacles beyond the authority, Chairman of the people's Committee of Ho Chi Minh City must promptly report the prime consideration and resolution.
2. Ministries, ministerial agencies, government agencies, within the scope of the task, their powers are responsible for city guide implementation of this Decree.
3. Delivery of government offices responsible for monitoring and periodic reporting of Prime results enforce this Decree.
4. The province of the southern key economic Region is responsible to coordinate closely with the city to implement this Decree.
Article 23. Enforceable

The Decree has effect after 15 days from the date of signing.
The regulation on decentralized management of some fields in this decree applies only on the Ho Chi Minh City.