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Decree 61/2003/nd-Cp: Functions, Tasks, Powers And Organizational Structure Of The Ministry Of Planning And Investment.

Original Language Title: Nghị định 61/2003/NĐ-CP: Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Kế hoạch và Đầu tư.

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The DECREE stipulates the functions, duties, powers and organizational structure of the Ministry of planning and investment –-–-–-–-–-–-–-–-– the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;

Pursuant resolution No. 2/2002/QH11 on 05 August 2002 of the National Assembly of the Socialist Republic of Vietnam, the POKER session key for the regulations and ministerial agencies of Government;

Pursuant to Decree No. 86/2002/ND-CP dated 5 November 2002 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies;

According to the recommendation of the Minister of planning and investment and Minister of the Interior, the DECREE: article 1. The position and function of the Ministry of planning and investment is the Agency of the Government, implement state management functions of planning and investment, including: General staff about strategy, planning, planning of socio-economic development of the country, about the mechanism, the common economic management policy and a number of specific areas , on investment in the country, in addition to water, industrial parks, export processing zones, on the management of official development assistance resources (hereinafter referred to ODA), tenders, business, business registration within the country; governance of public services in the areas of management of the domain according to the provisions of the law.

Article 2. Duties and powers of the Ministry of planning and investment has responsibility for performing the task and powers as stipulated in Decree No. 86/2002/ND-CP dated 5 November 2002 of the Government functions, tasks, powers and organizational structure of ministries, ministerial-level agencies and the mission , the following specific rights: 1. The Government of the Prime Minister, the project of law, Ordinance, the draft legal text of plan and investment sectors in the scope of the governance;

2. The Government, the Prime Minister, the strategic master plan, project plan for socio-economic development of the country, territory, long term plan, annual and 5 year and the principal balance of the national economy, including the financial balance, currency, investment in basic construction as the basis for the construction of the financial plan-budget; the Organization announced the strategy, overall planning of social-economic development of the country after being approved according to the rules;

3. Promulgation of decisions, directives, circular in plan and investment sectors in the scope of the governance;

4. Steer, guide, test and is responsible for implementing the legal text; strategy, planning, plan, after being approved and other legal documents in the scope of management of the Ministry; information, advocacy, education, common law of the realm in the scope of management.

5. On planning, planning: a) The Government action program implementation plan for socio-economic development was through Congress, tracking and general implementation plan monthly, quarterly reporting to the Government, regulate and coordinate the implementation of the principal balance of the national economy. Responsible executives make plans on a number of areas was the Government Affairs;

b) guide the ministries, ministerial agencies, government agencies, people's committees of provinces and cities under central planning, the plan fit with strategy, planning, socio-economic development plan of the country's society and the territory has been approved;

c) general planning, development plans, layout plans on capital investment for the field of the ministries and the province, central cities; evaluation of the development of the industry, the territory of ministries, ministerial agencies, government agencies and the central cities, to the Prime Ministerial approval or through according to the hierarchy of the Government;

d) synthesis of balance of the national economy: accumulation and consumption balance, of means of payment, balance of international payments, State budget, capital development, State reserve. In collaboration with the Ministry of finance estimating the State budget.

6. On the domestic and foreign investment: a) The Government planning, planning, portfolio of domestic investment projects, projects to attract foreign capital and adjusted in case of need;

b) Process the Government planned total capital investment of the whole society, the total cost and structure by industry, the field of capital investment in the State budget, the total additional State reserve levels, the total level of support the State credit, the total equity shares and the State's venture, the total compensation levels of the hole , make up reviews, additional working capital and export, import. Hosted, in cooperation with the Ministry of finance plans allocation of central budget in the field of capital construction investment, additional State reserve, which support the State credit, equity shares and the State's venture capital program, aggregate national targets;

c) General synthesis about the field of domestic and foreign investment; in coordination with the Finance Ministry and the ministries concerned to check, evaluate the effectiveness of capital construction works;

d) appraise the project investment decision under the authority of the Government, the Prime Minister; the investment license for projects according to the authority; make the investment license authorized under the provisions of the Prime Minister; system for managing the licensing of investment projects abroad on Vietnam and Vietnam;

DD) as the new government focal point for the management of domestic investment and foreign direct investment into Vietnam, Vietnam's offshore; organizing investment promotion activities, the investment procedures manual;

e) Guide, track, test, handle the problems arising in the process of establishment, deployment and implementation of investment projects, according to the authority. Reviews the results and socio-economic efficiency of investment in domestic and foreign investment. Do clue to organize the exposure of the Prime Minister with the investors in the country as well as abroad.

7. Management of ODA: a) is the lead agency in the attraction, coordination, management of ODA; presiding over the drafting of the strategy, planning and use of ODA; guide the governing body build categories and content programs, ODA mobilization priority projects; General directory of the program, projects using ODA the Prime Minister for approval;

b) chaired the preparation, organization, mobilization and coordination of ODA resources consistent with strategy, planning, use of ODA and the list of priority projects, programs and mobilization of ODA;

c) preparing the content and conduct of negotiating international treaties framework on ODA; representing the Government signed the international treaty framework on ODA with donors;

d) Guide units, the relevant organizations to prepare the program, ODA projects; hosted, in cooperation with the Ministry of finance determines the form using ODA in an State budget allocations or loan; the evaluation process of the Prime Minister approving the programme documents, ODA projects approved under the authority of the Prime Minister;

DD) tracking, content preparation and support of negotiating specific treaties on the ODA with donors;

e) presided, in cooperation with the Ministry of finance and planning of ODA disbursements, reciprocal capital plan annually for the program of ODA projects in an allocated from budget sources; join the Finance Ministry about disbursement, repayment mechanism, recovered the ODA loans;


f) chaired the monitoring and evaluating ODA projects program; do clue processed under the authority or the Prime recommendations handle the issues related to various ministries; synthesis of periodic reports on the situation and effectively attract, use of ODA.

8. procurement management: a) The Government, the Prime Minister plans to tender and the tender results the project under the control of the Government, the Prime Minister; monitor the implementation of the project tender has already been approved by the Government;

b) instructions, inspection, checking, monitoring, general implementing provisions of the law of tenders; management information system of bidding.

9. State management of industrial zones, export processing zones: a) The planning, the Government plans to develop industrial zones, export processing zones and economic zones of similar models in other nationwide;

b) appraisal and the Prime Minister approved the master plan for the industrial zones, export processing zones, the establishment of industrial zones, export processing zones; the deployment planning guide, planning the development of industrial zones, export processing zones have been approved;

c) Do clue Guide, check, General, reports the situation of investment in development and operation of industrial zones, export processing zones; hosted, in cooperation with the relevant bodies suggestions on models and mechanisms for the management of industrial zones, export processing zones.

10. About Enterprise and business registration: a) presiding, in coordination with the ministries concerned the Government, Prime strategies, programs, plans of arrangement, innovation, the development of State enterprises; management and policy support for the sort of State enterprises and small and medium business development in other economic sectors; implement state management functions on investment incentives in the country;

b) Do clue evaluation scheme established, arrangement, reorganization of State enterprises as assigned by the Government; General situation of sorts, innovation, business development and corporate development situation of the other economic sectors of the country. Making of the Council encourage the development of small and medium enterprises;

c) unified state management of business registration; Guide to business registration procedures; check, track, general implementation of business registration and later registration of business enterprises in the local area; handle the violations and obstacles in the implementation of business registration in the jurisdiction; the organization collected, stored, processed, information on registered business scope in the country.

11. To organize and direct the implementation of the plan of scientific research, the application of scientific advances in the fields of technology, planning and investment Ministry's management domain;

12. international cooperation in the field of planning and investment in management of the range prescribed by law;

13. The governance of public services in the areas of planning and investment in the range of the management according to the legal provisions; manages and directs activities for the Organization of career;

14. The governance of the activities of non-governmental organizations in the field of planning and investment in management of the range prescribed by law;

15. The inspection, inspection, complaints, accusations, against corruption, negative and handle breach of the law in the areas of planning and investment Ministry's jurisdiction;

16. Decisions and steer the programme of administrative reform Set by the objective and content of the administrative reform program, the State has been approved by the Prime Minister;

17. management of organization, staffing; directs the implementation of salary mode and the mode of remuneration policies, reward, or discipline for officers, public servants, employees of the Ministry administration; training of professional service for public servants in the areas of management of the domain;

18. financial management, asset and the implementation of the budget is allocated according to the provisions of the law.

Article 3. Organizational structure of the Ministry a) organizations help Ministers make state management functions: 1. Service national economic synthesis;

2. Service of the local economy and the territory;

3. Financial and monetary Services;

4. Service industry;

5. Service of agricultural economics;

6. Trade and services;

7. Service infrastructures and the municipality;

8. Service management of industrial and export processing zones;

9. Service evaluation and investment supervision;

10. Service procurement management;

11. foreign economic relations;

12. The national defense and security;

13. Service legislation;

14. Service personnel;

15. Science, education, resources and the environment;

16. Service labor, culture, social;

17. foreign investment agency;

18. The Bureau of small and medium enterprise development;

19. The Inspector;

20. The Office.

Foreign Economic Affairs, the national economics General, local and economic territory, the Office was established by the Minister of planning and investment decision after reunification with the Minister of the Interior.

b) held Ministry career: 1. The Institute for strategy development;

2. The Research Institute of the central economic management;

3. economic information center-national society;

4. Information Center;

5. Investments;

6. Journal of economy and forecasts.

Minister of planning and investment, the Prime Minister decides the functions, duties, powers and organization of the Institute for strategy development and economic management Research Institute.

Article 4. Effective enforcement of this Decree has effect after 15 days from the date The report and replacing Decree No. 75/CP DATED November 1, 1995 by the Government on the functions, duties, powers and organization of the Ministry of planning and investment and the previous legal provisions contrary to this Decree.

Article 5. Responsibility Minister of planning and investment, the Ministers, heads of ministerial agencies, heads of government agencies and the President of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.