DECISION Subject on defining functions, missions, powers and organizational structure of Hung Yen Province Department of Planning and Investment

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HUNG YEN PROVINCE PEOPLE’S COMMITTEE -------- No. 2437/QĐ-UBND

SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ----------- Hung Yen, December 01st 2009

 

DECISION

Subject on defining functions, missions, powers and organizational structure of Hung Yen Province Department of Planning and Investment

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HUNG YEN PROVINCE PEOPLE’S COMMITTEE

 

Pursuant to the Law on organization of People’s Councils and People’s Committees dated November 26^th 2003;

Pursuant to the Decree No. 13/2008/NĐ-CP dated February 04^th 2008 of the Government defining organization of professional authorities under Provincial People’s Committee and Cities directly under the Central;

Pursuant to the joint Circular No. 05/2009/TTLT-BKHDT-BNV dated August 05^th 2009 of Ministry of Planning and Investment – Ministry of Home Affairs guiding functions, missions, powers and organizational structure of authorities specialized in planning and investment under provincial/district people’s committee;

At request by Department of Home Affairs at the Statement No. 482/TTr-SNV dated November 27^th 2009 and Department of Planning and Investment at the Statement No. 166a/TTr-SKHDT dated October 07^th 2009,

DECIDES:

Article 1. Position, functions

1. Department of Planning and Investment is the professional authority under Hung Yen Province People’s Committee that has function of consulting, helping Provincial People’s Committee to perform its State Management Function on planning and Investment, including: synthesizing plans on socioeconomic development; organizing to perform and propose mechanism, policy on socioeconomic management in the province: domestic investment, foreign investment; management of ODA, non-governmental assistance source management; tendering; business registration in the locality; synthesizing and unifying management of issues on enterprises, collective economics, private economics; organizing to supply public services under the State management scope of the Department according to legal regulations.

2. Department of Planning and Investment has legal status, seal and separate account; under the direction, management on organization, payroll and operation of Provincial People’s Committee; at the same time under the direction, guidance, verification, inspection about profession, operation of Ministry of Planning and Investment.

3. Head office: No. 8 Chua Chuong Street, Hien Nam Ward, Hung Yen City, Hung Yen Province.

Article 2. Duties and power

            The Department of Planning and Investment shall carry out the power and obligations under the regulations of the laws on planning and investments and following specific ones:

            1. To submit to the Province People’s Committee:

            a) Draft overall planning, strategies, 5- year and annual social – economic development plan, arrangement of the investment capital plan in the local budget, the province’s investment promotion schedule; the province’s main social – economic balances; including accumulated and consumption balances, development investment balance, finance balance.

            b) Draft action program to implement the social – economic development plan upon the Resolution of the Provincial People’s Council and to bear responsibilities for monitoring, generalizing the plan implementation every month, every quarter, every 6 months and every year to report to the Provincial People’s Committee for management and combination in implementation of key social – economic balances of the province;

            c) Draft programs, plans on arrangement, renovation and development of the state-owned companies controlled by the locality; the management mechanism and policies on supporting the arrangement of state-owned companies and development of small and medium size enterprises and ones in the economic sectors in the locality

            d) Draft decisions, directives; programs organization methods to carry out administrative reform missions in the scope of planning and investment in the scope of management of the Department under regulations and laws, decentralization of the Ministry of Planning and Investment

            e) Draft documents on list of domestic and foreign investment projects for each planning and revising period, where necessary;

            f) Draft legal documents stipulating detailed requirements for Manager and Deputy Managers of the departments directly under the Department, Manager, Deputy Managers of the Department of Finance – Planning directly under the People’s Committee of the district, town, city directly under the province (hereinafter referred to as the District-level People’s Committee) after agreeing with the comments of the Department of Finance upon the assignment of the Provincial People’s Committee.

            2. To submit to the Chairman of the Provincial People’s Committee:

            a) Draft decisions, directives and other documents in the issuing authority of the Chairman of the Provincial People’s Committee on the State’s management field of the Department;

            b) Draft decisions on incorporation, merger, separation, re-organization, winding up for the organizations, units directly under the Departments under regulations and laws;

            c) Issuing, revising and withdrawal of the Certificate of Investment in the assigned authority of the provincial People’s Committee

            3. To assist the Chairman of the Provincial People’s Committee in directing, guiding, checking, communicating, propagandizing and educating laws on planning and investments; to organize to implement the legal documents, policies, planning, schedules, programs, projects, works in the management of the Department after being issued or approved by the competent authorities.

            4. Regarding the plans and schedules:

            a) To announce and bear responsibilities for organizing implementation of overall social- economic development planning of the province after being approved under the regulations;

            b) To control and manage some fields on implementing the plans assigned by the Province’s People’s Committee

            c) To guide the departments, sectors, units, the District-level People’s Committee to build the schedules in line with the Province’s master social – economic development plan approved.

            d) To coordinate with the Department of Finance to make the cost estimates of the province’s budget and to distribute the budget to the agencies, departments, units in the province.

            5. Regarding the domestic and foreign investments:

            a) To host and coordinate with the Department of Finance to build the plans and to arrange the investments for development of each program, project supported by the State’s budget in the province’s control in line with the total investments and the sector, field –based investment structure

            b) To host and coordinate with the Department of Finance and interested departments, units, agencies to check, supervise and evaluate efficiency in use of the investments in development of the programs and investment projects in the locality; to supervise the community’s investments as stipulated by regulations;

            c) To take charge of receiving, checking, investigating, supervising, appraising, testing the investment projects in the control of the provincial People’s Committee;

            d) To manage the domestic investments and foreign direct investment operations in the province under regulations and laws; to organize the investment promotion operations under the plans approved by the Province’s People’s Committee; to guide the investment procedures upon the assigned authority.

            6. Regarding management of Official Development Assistance (ODA) and non-governmental aids:

            a) To campaign, attract and coordinate the province’s management of Official Development Assistance (ODA) and non-governmental aids; to guide the departments, sectors, units to establish the list and contents of the programs using Official Development Assistance (ODA) and non-governmental aids; to generalize the list of programs of the Official Development Assistance (ODA) and non-governmental aid –based projects submitted to the Province People’s Committee for approval and reporting to the Ministry of Planning and Investment;

            b) To evaluate the programs of the Official Development Assistance (ODA) and non-governmental aid –based projects; to treat upon the authority or to propose the Chairman of the Provincial People’s Committee to treat the challenges and difficulties in arrangement of counterpart funds, disbursement to carry out the Official Development Assistance (ODA) and non-governmental aid –based projects in connection to the departments, sectors and units in district and commune levels; to periodically generalize the reports on situation and efficiency in attraction and use of the Official Development Assistance (ODA) and non-governmental aids

            7. Regarding the bid management:

            a) To appraise and bear responsibilities for the contents of the documents submitted to the Chairman of the provincial People’s Committee on bidding plan, bidding documents, awards of the projects or packages in the deciding authority of the Chairman of the Provincial People’s Committee; to appraise and approve the bidding plans, awards of the projects or packages authorized by the Chairman of the Provincial People’s Committee

            b) To guide, monitor, supervise, check, investigate the implementation of regulations and laws on bidding and to generalize the reports on implementation of the approved bid projects and the bid development situations as stipulated.

            8. Regarding the enterprises and business registration:

            a) To appraise and bear responsibilities for the established projects, to arrange and re-organize the state-owned enterprises under the local authority’s control; to generalize arrangement, renovation and development of the state-owned enterprises and developments of the enterprises in other economic sectors;

            b) To organize implementation and to bear responsibilities for the procedures on business registration; business cancellation registration; renewal, addition, change, re-issue and withdrawal of the Certificate of Business Registration, Certificate of Operation Registration for branches, the Representative Office on the locality in the authority of the Department; to coordinate with the departments, sectors to check, monitor, generalize the situations and treat business registration-post violations of the enterprises in the locality under the authority; to collect, store and manage the information on business registration under regulations and laws.

            9. Regarding the collective economy and private economy:

            a) To generalize, propose models and mechanism, policies and plans on development of collective economy, private economy; to guide, monitor, generalize and evaluate implementation of the programs, plans, mechanism, policies on development of collective economy, private economy and operations of the organizations in collective economy, private economy in the province;

            b) To host, coordinate with concerned agencies to handle the difficulties on interdisciplinary mechanism, policies on development of collective economy, private economy

            c) To coordinate with the domestic and foreign organizations and individuals to research and generalize experience, to construct the programs, projects assisting and attracting the capital and sources for the development of collective economy and private economy in the province;

            d) To periodically report upon the guidelines sent by the Ministry of Planning and Investment to the Provincial People’s Committee, the Ministry of Planning and Investment and ministries, ministerial- level agencies in connection to development of collective economy and private economy in the province;

            10. To carry out the international cooperation in the field of planning and investment under regulations and laws and assignment or authorization of the Provincial People’s Committee

            11. To bear responsibilities for guidelines in terms of specialty and profession of the planning and investment field under the management of the planning and investment sector for the Department of Finance – Planning directly under the Provincial People’s Committee

            12. To organize research and application of technological scientific advantages; to build the information and storage system for the State’s management work and the assigned specialized duties; to control the Business and Investment Information Portal of Hung Yen Province.

            13. To investigate, check and handle claims, legal actions under regulations and laws; to treat upon the authorization or to recommend to the competent authorities for treating legal violations under the state’s control via the Department; to prevent and fight the corruption, negative acts, to practice saving and anti-wasting.

            14. To stipulate functions, missions, rights and the working relations of the non-business organizations and units directly under the Department; to control the regular personnel, to implement the salary and benefit mechanism, policies on preference, trainings, rewards and compliments, punishments to the officers, civil servants, officers in the State’s management via the Department under regulations and laws and the decentralization of the Provincial People’s Committee.

            15. To control the assigned finance and assets under regulations and laws and assignment of the Provincial People’s Committee

            16. To carry out the communication work, periodical and extraordinary reports on implementation of the missions as stipulated by the Provincial People’s Committee and the Ministry of Planning and Investment

            17. To carry out other missions assigned by the Provincial People’s Committee under regulations and laws

            Article 3. Organizational structure and regular personnel

            1. The Leadership of the Department of Planning and Investment consists of the Director and no more than 03 (three) Deputy Director

            a) The Director of the Department of Planning and Investment is the Head of the Department, who bears responsibilities to the Provincial People’s Committee, Chairman of the Provincial People’s Committee, and to the laws for entire operations of the Department of Planning and Investment, to bear responsibilities for reporting to the People’s Council; the Provincial People’s Committee and the Ministry of Planning and Investment under regulations and laws

            b) The Deputy Directors of the Department shall be the Assistants of the Director, who bear responsibilities to the Director of the Department of Planning and Investment and to the laws for the assigned missions; As the Director is absent, either of the Deputy Directors of the Department who is authorized by the Director to carry out the operations of the Department;

            Appointment, re-appointment of the Director, Deputy Directors of the Department of Planning and Investment are decided by the Provincial People’s Committee under the professional standards issued by competent authorities and the regulations of the State, of the Province on management of the officers and civil servants

            Assignment, re-assignment, rotation, rewards, complements, punishments, dismissal, removal from the key position, retirement and implementation of the other policies and mechanism for the Director, Deputy Directors of the Department of Planning and Investment are under the regulations and laws.

            2. Organizational structure:

            a) The Office;

            b) The Inspectorate;

            c) The Department of Business Registration;

            d) Professional divisions consisting of:

            d1) The Division of Culture – Social Affairs

            d2) The Division of Planning – General Affairs

            d3) The Division of Foreign Economic Relations

            d4) The Division of Professional Economics

            d5) The Division of Project Appraisal

            e) Non-business units directly under the Department of Planning and Investment

            * The Center for Investment Promotion and Business Support

            Appointment, re-appointment, rotation, rewards, complements, punishments, dismissal, removal from the key position, retirement and implementation of the other policies and mechanism for the Manager, Deputy Managers and equivalent positions in the Department; the Manager, Deputy Managers of non-business units directly under the Department are under the regulations and laws as well as personnel management decentralization of the Province.

            3. Regular Personnel:

            a) Depending on functions, missions, quantity of work, nature and feature of the planning and investment in the locality, the Director of the Department of Planning and Investment and the Director of the Department of Home Affairs to submit to the Chairman of the Provincial People’s Committee to decide the regular personnel of the Department of Planning and Investment in the total regular personnel of the province assigned by the Central Government.

            b) Protecting the non-business units directly under the Department of Planning and Investment decided by the Provincial People’s Committee among total regular non-business personnel of the province under the norms on the regular personnel and regulations, laws;

            Recruitment, use and management of officers, civil servants of the Department of Planning and Investment depend on the position, employment, title, professional, specialized standards, scale structure for the civil servants under regulations and laws.

            Article 4. To assign the Director of the Department of Planning and Investment to build and issue the regulations on functions, powers and obligations of the non-business units, organizations directly under the Department; to build and issue the operation mechanism of the units and agencies directly under the Department; to build and issue the regulations on authority, responsibilities of the Head of non-business units and agencies directly under the Department, working relationship and working manner of the Department under regulations and laws.

            Article 5. This Decision has come into valid since signing and replaces the Decision No. 04/2005/QĐ-UB dated January 19^th, 2005 issued by Hung Yen Provincial People’s Committee on stipulating functions, powers, obligations and organization of the Department of Planning and Investment directly under Hung Yen Provincial People’s Committee. The Chief of Secretariat of the Provincial People’s Committee, the Director of the Department of Home Affairs, the Director of the Department of Finance, the Director of the Department of Planning and Investment, the Director of the Department of the State’s Treasury of the province; Head of concerned agencies and the Chairman of the People’s Committee of the province, districts are responsible for implementing this Decision.

 

Recipients: - Ministry of Planning and Investment; - Standing Provincial People’s Committee; - Standing People’s Council of the province; - Chairman and Deputy Chairmen of the Provincial People’s Committee; - As Article 5 - Official dispatches: TKCT, NCH - Filing in the office

ON BEHALF OF PROVINCIAL PEOPLE’S COMMITTEE CHAIRMAN (Signed and sealed) Nguyen Van Cuong