Decree of the Government No. 116/2008/ND-CP dated 14th November 2008

prescribing the functions, tasks, powers and organizational structure

of the Ministry of Planning and Investment

Article 1. Position and functions

The Ministry of Planning and Investment is a government agency which performs the functions of state management over planning, development investment and statistics, including the provision of general advices on strategies, plans for national socio- economic development; on development planning, mechanism and policies for general economic management and some specific fields; on domestic investment, foreign investment into Vietnam and Vietnam’s investment abroad; economic zones (including industrial parks, border-gate economic zones, hi-tech parks and other types of economic zones); on management of official development assistance source (hereinafter called ODA for short) and foreign non-governmental aids; on bidding; on establishment and development of enterprises, and collective economy and cooperative sector; on statistics; performs the state management over public services in the sectors, fields under its management as prescribed by law.

Article 2. Tasks and powers

The Ministry of Planning and Investment shall have to perform the tasks and exercise the power prescribed in the Government's Decree No. 178/2007/ND-CP of December 03^rd 2007 defining the functions, tasks, powers and organizational structures of the ministries and ministerial-level agencies as well as the following specific tasks and powers:

1. To submit to the Government bills, draft resolutions of the National Assembly, draft ordinances and resolutions of the National Assembly Standing Committee, draft resolutions and decrees of the Government according to approved annual legislation programs and plans, as well as projects, schemes assigned by the Government, the Prime Minister.

2. To submit to the Government strategies, five-year and annual plans on national socio-economic development together with macro balances of the national economy; roadmaps and plans for establishment, amendment of macro-economic management mechanism and policies; master plans, plans on development investment; total and breakdown by sector and field of the whole economy’s investment capital and state budget investment capital; total and detailed allocations of balanced investment capital, targeted additional funds; total and detailed allocation of capital from Government bonds, National bonds; Governmental programs on implementation of socio-economic development plans approved by the National Assembly; long-term debt strategy in the overall strategy on investment capital mobilization for the economy; strategies, master plans, plans on attraction and utilization of foreign direct investment and ODA resources, and negotiations, signing, participation in international treaties under its management scope; strategies, master plans, policies on development of types of enterprises, collective economies and cooperatives; and others projects prescribed by the Government.

3. To submit to the Prime Minister:

a.  Overall master plans for regional, territorial socio-economic development; overall master plans for development of economic zones; criteria and rationing of expenditure for development investment from state budget; lists of key programs, projects funded by capital resources; reserve expenditures of central budget for capital construction investment, additional state reserves, state credit supports, contribution of capital to joint-stock and joint-venture businesses; advances for capital construction investment from the central budget as prescribed by law; results of appraisal of draft master plans, appraisal of bidding plans and bidding results of projects within the Prime Minister’s deciding competence, the mechanisms, policies and measures to develop the type of enterprises, collective economies, cooperatives;

b.  The draft legal documents in the field of statistics and other drafts in the branches, fields under its management and within the Prime Minister’s competence as described by law.

4.  To promulgate decisions, directives and circulars within the branches, fields under its state management.

5.  To direct, guide, inspect and organize the implementation of legal documents on strategies, master plans, plans, development investment and statistics approved and promulgated by competent authorities as well as other legal documents, which fall within the scope of its management; to provide information on, propagate, disseminate and educate the legislation on branches and fields under its management.

6.  On strategies, master plans and plans:

a.  To develop action programs of the Government to implement socio-economic development plans adopted by the National Assembly, to administer the implementation of plans of some branches, sectors as assigned by the Government, the Prime Minister;

b.  To establish overall strategy for national socio-economic development for every period; to synthesize development master plans, specific plans of ministries, branches and provinces, centrally run cities; to elaborate overall master plans for socio-economic development of regions, territories, overall master plans to develop economic zones; to give comments upon request on master plans to be approved by ministries, branches and People’s Committees of provinces and centrally run cities;

c.  To publicize the strategies and plans for socio-economic development, overall master plans for regional and territorial socio-economic development after being approved; to guide ministries, ministerial-level agencies, government-attached agencies, People's Committees of provinces and centrally run cities in formulating master plans, annual and five-year plans with a view to associating socio-economic development with defense and security maintenance and conforming with the approved strategies, master plans and plans for national and territorial socio-economic development;

d.  To synthesize the major balances of the national economy: the accumulation-consumption balance, financial and monetary balance; foreign loans and foreign debt payment; state budget; development investment capital of the whole economy; and supervise these balances; to propose major solutions to maintain balances according to strategic and planned targets;  to coordinate with the Ministry of Finance in elaborating the state budget estimates to ensure planned targets;

e.  To guide Ministries, branches and localities in monitoring and evaluating the implementation of their plans; to organize monitoring, evaluation and reporting on the implementation of socio-economic development plans on a monthly, quarterly and annual basis.

7.  On development investment and state budget allocations:

a.  To synthesize development investment: To formulate master plans, five-year and annual plans on the whole economy’s development investment; lists of programs and projects prioritized to attract foreign investment, ODA; a list of programs and projects of group A and higher funded by the state budget and lists of national target programs, target programs, key projects;

b.  To set the total and breakdown by sector and field of the whole economy’s development investment; total amount and balances of state budget development investment for sectors and fields (including investment structure of central and local budgets); total state reserve, total state capital contributed to joint-stock and joint-venture businesses, additional capital for public enterprises, total capital of government bonds and securities by sectors and fields, the total capital of national target programs;

To assume the prime responsibility for, and coordinate with the Ministry of Finance in synthesizing detailed investment capital allocation in budget balance for the ministries, branches, for additional capital for state reserves, for reciprocal ODA capital, and for important projects, investment capital from government bonds and securities by sectors and fields;

To synthesize detailed allocation of funds for each the national target program (including investment capital and non-business capital), for the target programs and other targeted additional items;

c.  To  assume the prime responsibility for, and coordinate with the Ministry of Finance, relevant ministries, branches and the local authorities in setting criteria and norms for allocation of development investment capital; to supervise and evaluate the effectiveness of state development investment capital usage, especially development capital from the state budget;

d.  To play a role of the standing member of State Appraisal Council for important national investment projects; to appraise the national target programs, target programs and other projects as assigned by the Prime Minister; to verify others projects as prescribed by the investment law.

8. On domestic and foreign investment; and Vietnam’s overseas investment:

a.  To act as the principal body in assisting the Government in managing activities of domestic investment, foreign direct investment in Vietnam and Vietnam's overseas investment; to organize investment promotion activities and provide guidance on investment procedures;

b.  To perform registration or verification and certification for overseas investment projects and assume the prime responsibility for verification and certification for BOT, BTO, BT investment projects;

c.  To assume the prime responsibility for, and coordinate with relevant ministries and branches in guiding, monitoring, inspecting, examining investment activities, suggesting solutions to handle problems arising in the course of formulating and implementing investment projects; to evaluate the results and socio-economic efficiency of domestic and foreign investment activities; to examine, supervise, conduct overall evaluation of public investment activities; to report the implementation of target programs and investment projects under the Prime Minister’s decisions; to act as the principal body in organizing the Prime Minister's meetings at home and abroad with investors.

9. On ODA management:

a.  To act as the principal body in ODA attraction, coordination and state management; to assume the prime responsibility for elaborating strategies, policies and orientations for ODA attraction and use; to guide managing agencies in formulating lists of programs and projects prioritized for ODA mobilization; to sum up lists of programs and projects calling for ODA;

b.  To assume the prime responsibility for preparing, organizing the mobilization and coordination of, ODA sources in compatibility with the strategies and orientations for ODA attraction and use; to propose the conclusion of framework treaties on ODA and specific treaties on non-refundable ODA as prescribed by law; to assist ministries, branches and localities in preparing contents and monitor negotiations on specific treaties on ODA with donors;

c.  To guide concerned units and organizations in preparing ODA-funded programs and projects; to assume the prime responsibility for, and coordinate with the Ministry of Finance in, determining domestic financial mechanisms for using ODA funds which shall be allocated from or sub-lent by the State budget;

d.  To assume the prime responsibility for, and coordinate with the Ministry of Finance in synthesizing and elaborating plans on ODA capital disbursement and annual plans on reciprocal capital and settling urgent requests related to ODA-funded programs and projects entitled to allocations from the state budget;

e.  To monitor, examine and evaluate ODA-funded programs and projects as prescribed by law; to act as the principal body in handling matters related to many ministries or branches according to its competence or proposing them to the Prime Minister for handling; to sum up and make periodical reports on situation and efficiency of ODA attraction and use.

10.  On bidding management:

a.  To appraise bidding plans and results of bidder selection for projects under deciding competence of the Prime Minister as prescribed by the bidding law; to coordinate with relevant ministries, branches to monitor the bidding implementation of projects approved by the Prime Minister;

b.  To guide, inspect, examine, supervise and synthesize the implementation of law provisions on bidding; to organize the bidding information network under current decentralization mechanism.

11.  On management of economic zones:

a.  To set up, and examine the implementation of, master plans and plans on development of economic zones nationwide;

b.  To organize the appraisal of the overall master plans of economic zones, the establishment of economic zones; to coordinate with relevant ministries, branches and People’s Committees of provinces and centrally run cities in guiding the implementation of approved master plans and plans on development of economic zones;

c.  To act as the principal body in guiding, examining, synthesizing and reporting the situation of development investment and operation of economic zones; to assume the prime responsibility for, and coordinate with concerned agencies in proposing models and management mechanism for economic zones.

12. On enterprises establishment and development:

a.  To assume the prime responsibility for, and coordinate with concerned ministries and branches in establishing strategies, programs and plans on reorganization, renewal and development of state enterprises; managerial mechanisms and supporting policies for reorganization of state enterprises and development of small and medium-sized enterprises of various economic sectors;

b.  To participate, along with ministries, branches, People’s Committee of provinces and centrally run cities, in appraising schemes on establishment, reorganization and re-structuring of state enterprises; to synthesize the situation of reorganization, renewal, development of state enterprises and development of other economic sectors nationwide;

c.  To assist the Government in performing the unified state management over of business registration; to provide guidance on business registration procedures; to examine, monitor and sum up the situation of business registration by, and post-registration in, enterprises over the country.

13. On collective economy and cooperatives:

a.  To establish strategies, programs and plans on development of collective economy and cooperative sector; to guide, examine, urge and sum up the implementation of development programs and plans on collective economy and cooperatives;

b.  To formulate managerial mechanism and supporting policies for development of collective economy and cooperatives.

14. On statistics:

a.  To assist the Government in performing the unified state management on statistics; to perform the unified management on publication and supply of statistical information, statistical yearbooks as prescribed by law;

b.  To prescribe the competence to promulgate statistical classification tables (except for those of courts and procuracies) as prescribed by law;

c.  To establish national statistical indicator system, grassroots-level statistical reporting mechanism, general statistical reporting mechanism, long-term, annual national statistical survey programs and statistical surveys as prescribed by law.

15. To represent owner of state capital portions in state invested enterprises in the branches, sectors under its management, including:

a.  To develop schemes on reorganization, ownership transformation of state enterprises to submit to the Prime Minister for approval and direct their implementation after approval;

b.  To propose the Prime Minister to appoint and relieve from office, or appoint and relieve from office according to its competence, leaders, managers, chief accountants of state enterprises;

c.  To approve according to its competence, or submit to the Prime Minister for approval, organization and operation charters of state invested enterprises in branches, sectors under its management.

16. To organize and direct the implementation of plans on scientific research and application of scientific and technological advances in the fields within the scope of its management.

17. To enter into international cooperation in the fields under its management as prescribed by law.

18. To perform the state management over public services in the fields under its management according to law; to manage and direct the operation of non-business organizations under its management.

19. To perform the state management over the operation of associations and non-governmental organizations in the fields within the scope of its management as prescribed by law.

20. To inspect, examine and settle complaints and denunciations, to prevent and combat corruption and negative acts and handle violations of law in the fields under its management according to law.

21. To decide on, and direct the implementation of, its administrative reform program according to the objectives and contents of the State's administrative reform program approved by the Prime Minister.

22. To manage its organizational apparatus and payroll; to implement the wage regime as well as policies and regime on preferential treatment, commendation, disciplines towards state officials and employees under its management as prescribed by law, to provide professional training and retraining for officials and employees in the domains under its management.

23. To manage its assigned finance and assets, and organize the execution of allocated budget according to law.

24. To perform other tasks and exercise powers as assigned by the Government, the Prime Minister or as prescribed by law.

Article 3. The organizational structure

1. Department for National Economic Issues;
2. Department for Local and Territorial Economy;
3. Finance and Monetary Department;
4. Department for Industrial Economy;
5. Department for Agricultural Economy;
6. Department for Service Economy;
7. Department for Infrastructure and Urban Centers;
8. Department for Economic Zones Management;
9. Department of Investment Supervision & Appraisal;
10. Foreign Economic Relations Department;
11. Department for Labor, Culture and Social Affairs;
12. Department for Science, Education, Natural Resources and Environment;
13. Department of Planning Management;
14. National Defense - Security Department;
15. Department of Cooperatives;
16. Department of Legislation;
17. Organization and Personnel Department;
18. Emulation and Reward Department;
19. Ministry Inspectorate;
20. Ministry Office;
21. Public Procurement Agency;
22. Enterprise Development Agency;
23. Foreign Investment Agency;
24. General Statistics Office;
25. Development Strategy Institute;
26. Central Institute for Economic Management;
27. National Center for Socio-Economic Information and Forecast;
28. Informatics Center;
29. Vietnam Investment Review;
30. Economics and Forecast Magazine;
31. Academy of Development and Policy.

The organizations defined in Clauses 1 through 24 of this Article are administrative organizations assisting the Minister in performing the state management function; the organizations defined in Clauses 25 through 31 are state non-business organizations operating to serve state management.

Ministry Office, Ministry Inspectorate, Foreign Economic Relations Department, Department for National Economic Issues, Department for Local and Territorial Economy, Department of Planning Management may organize sections.

The Minister of Planning and Investment shall submit to the Prime Minister to release the decisions defining the functions, tasks, powers and organizational structure of General Statistics Office, Development Strategy Institute, Central Institute for Economic Management, National Center for Socio-Economic Information and Forecast, and the decision promulgating the list of other existing non-business organizations attached to the Ministry.

Article 4. Implementation effect

1. This Decree takes effect 15 days after its publication in the Official Gazette (“CONG BAO”) and replaces the Government's Decree No.61/2003/ND-CP dated June 06^th 2003 on the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment.

2. To abrogate previous regulations contrary to this Decree.

3. The Government’s Decree No. 93/2007/ND-CP dated June 4^th, 2007 defining the functions, tasks, powers and organizational structure of General Statistics Office under the Ministry of Planning and Investment shall expire when the decision of the Prime Minister defining the functions, tasks, powers and organizational structure of the General Statistics Office under the Ministry of Planning and Investment is enacted and comes into effect.

Article 5. Implementation responsibilities

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of People's Committees of provinces and centrally run cities shall have to implement this Decree. 

On behalf of the Government

Prime Minister Nguyen Tan Dung

(signed)