Decree No. 86/2017/ND-CP dated July 25, 2017.
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, master plans, plans for national socio-economic development and public investment; on mechanism and policies for economic management; on domestic investment, foreign investment into Vietnam and Vietnam’s investment abroad; economic zones; on official development assistance (ODA) source, preferential loans and foreign non-governmental aids; on bidding; on development of enterprises, collective economy and cooperative sector; on statistics; performs the state management over public services in sectors, fields under its state management as prescribed by laws.
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. 123/2016/ND-CP dated September 1st, 2016, 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 socio-economic development, macro balances of the national economy; plans for establishment, amendment of macroeconomic management mechanism and policies; master plans; strategies for mobilization of development investment capital, mid-term and annual public investment plans; investment policies in national target programs, target programs; other programs and projects prescribed by the Government.
3. To submit to the Prime Minister draft decisions, directives, and other documents.
4. To promulgate circulars, decisions, directives under its state management.
5. To direct, guide, inspect and organize the implementation of legal documents, strategies, master plans, plans which fall within the scope of its state management; as well as provide information on, propagate, disseminate and educate the legislation on branches and fields under its management.
6. On strategies, master plans, plans:
a) To develop action programs of the Government to implement socio-economic development plans adopted by the National Assembly; to assist the Government in administering the implementation of plans of some branches, sectors as assigned by the Government, the Prime Minister;
b) To establish overall strategies for national socio-economic development; to synthesize development master plans, plans of ministries, branches and provinces, centrally run cities; as well as overall master plans for socio-economic development of regions, territories; 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 strategies and plans for socio-economic development, overall master plans for regional and territorial 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 major balances of the national economy: accumulation-consumption balances; financial and monetary balances; foreign loans and foreign debt payment; state budget; development investment capital of the whole economy; and propose solutions to maintain balances according to strategic and planned targets, ensure implementation of socio-economic development targets;
e) To guide ministries, branches, and localities in monitoring and evaluating the performance 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. Regarding development investment and state budget allocations:
a) To synthesize development investment. To formulate midterm and annual public investment plans; lists of programs and projects prioritized to attract foreign investment, ODA, concessional loans; lists of national target programs, target programs, national important projects; lists of projects funded by the state budget and other public investment capital as prescribed by laws;
b) To set the total and structure of development investment capital for the entire society; the total and balances of public investment capital for branches, fields, and programs; total capital of national target programs and other target programs;
To assume the prime responsibility for, and coordinate with the Ministry of Finance in, synthesizing the mid-term and yearly public investment plan; to envisage the detailed allocation plan for the mid-term and annual public investment plan for the ministries, branches and localities; the investment capital from State credit support resources; to submit the Prime Minister the decision on the use of the central budget reserves and the supplementation of the annual central budget capital in order to perform development investment tasks;
To coordinate with the Ministry of Finance in building the plan for using the revenue increase and saving budget expenditure; including allocation for important projects (if any);
To synthesize detailed allocations in the mid-term and annual State budget capital plan for each national target program (including investment capital and non-business capital), target programs and other targeted additional amounts;
To report on the implementation of mid-term and annual public investment plans, national target programs, other target programs and investment projects decided by Prime minister.
c) To assume the prime responsibility for, and coordinate with the Ministry of Finance, related ministries, branches, and localities in formulating principles, setting criteria and quotas for development investment expenditures; to supervise and evaluate the efficiency of the use of public investment capital, development investment capital from the state budget;
d) To act as the standing member of the State Appraisal Council for national target programs, national important projects; to appraise target programs and other projects as assigned by the Prime Minister; to appraise other investment projects under the investment law.
8. Regarding domestic and foreign investment and Vietnam’s overseas investment:
a) To manage activities of domestic investment and foreign direct investment in Vietnam, Vietnam’s offshore investment; public private partnership (PPP) investment; to organize investment promotion activities and provide guidance on investment procedures;
b) To perform the procedures of granting, adjusting and ending the validity of the certificates of investment registration abroad and granting certificates of investment registration to PPP investment projects;
c) To construct, manage, exploit and to provide user guidance for the National Investment Information System and Database;
d) To examine, supervise and conduct overall evaluation of public investment activities
9. Regarding ODA management, concessional loans:
a) To act as the key agency in mobilizing, coordinating and performing the state management on ODA; concessional loans and foreign non-governmental aid; to assume the prime responsibility for formulating strategies, policies, and orientations for attraction and use of ODA and concessional loans;
b) To assume the prime responsibility for preparing contents, organizing mobilization and coordination of, sources of ODA and concessional loans; to propose to the government conclusions of framework treaties on ODA, concessional loans and specific treaties on non-refundable ODA according to law; to present to the Prime Minister conclusions of international agreements on non-refundable ODA capital according to its competence;
c) To synthesize and propose to the competent authorities investment policy decisions for programs and projects funded by ODA, concessional loans; to coordinate with the Ministry of Finance in determination of the domestic financial mechanism applied to programs, projects funded by ODA, concessional loans;
d) To assume the prime responsibility, and coordinate with the Ministry of Finance to synthesize and formulate five-year and annual plans of using ODA, concessional loans; to balance and arrange the annual counterpart funds from State budget for preparation and implementation of programs, projects funded by ODA and, concessional loans for development investment allocated by the central budget;
e) To supervise and evaluate programs and projects, funded by ODA and concessional loans according to law; to handle any arising matters related to many ministries or branches according to its competence or proposing them to the Prime Minister for handling.
10. Regarding bidding management:
a) To appraise contractor/investor selection plans, and contractor/investor selection for special cases falling under the Prime Minister’s deciding competence according to the bidding law;
b) To guide, inspect and examine the implementation of the legal provisions on bidding; to organize the bidding information system and online bidding.
11. Regarding management of economic zones:
a) To formulate, and examine the implementation of, master plans on development of economic zones nationwide (including industrial zones, export processing zones, border gate economic zones and other types of economic zones);
b) To organize the appraisal of plans on development of economic zones and the establishment of economic zones by localities; to coordinate with concerned ministries, branches and People's Committees of provinces and centrally run cities in guiding the implementation of plans on development of economic zones after they are approved;
c) To guide, examine, synthesize and report the development investment situation and the operation of economic zones; to assume the prime responsibility for, and coordinate with concerned agencies in, proposing models and management mechanisms and development policies for economic zones, special administrative-economic units.
12. Regarding registration and development of enterprises:
a) To assume the prime responsibility for, coordinate with concerned ministries and branches in, formulating strategies, programs and plans to reorganize, renew and develop state enterprises, mechanisms for management, reorganization of state enterprises and development of small- and medium-sized enterprises of various economic sectors;
b) To take part in appraising schemes on establishment, reorganization and restructuring of the state enterprises; to synthesize the reorganization, renewal, and development of state enterprises and the development of enterprises of other economic sectors nationwide;
c) To manage enterprise registration, business household registration; to provide guidance on enterprise registration, business household registration procedures; to examine, monitor and synthesize the situation of enterprise registration, online enterprise registration, and post-registration nationwide; to manage and exploit National Enterprise and Business Household Registration Database.
13. Regarding collective economy and cooperatives:
a) To formulate development strategies, programs and plans on collective economy and cooperatives; to guide, examine, urge and synthesize the implementation of development programs and plans on collective economy and cooperatives;
b) To formulate management mechanisms and support policies for the development of collective economy and cooperatives.
c) To manage the registration of cooperatives, cooperative unions; to provide guidance on registration procedures; to examine, monitor and synthesize the situation of registration by, and post-registration in, cooperatives, cooperative unions nationwide.
14. Regarding statistics:
a) To establish, and organize the implementation of, strategies, plans, schemes, policies on statistics development; to coordinate, organize statistic activities and the supply of statistical information according to law;
b) To establish, and perform the uniform state management of, national, provincial, district-level information systems; to organize the coordination of connecting, providing data, information between the Government statistic information systems; to construct the standards and perform the evaluation of statistical information quality in the Government statistic activities;
c) To establish the national statistical indicator system, statistical reporting mechanism, statistical survey programs, and statistical classification according to law.
15. To organize and direct the implementation of plans for scientific research and application of scientific and technological advances and information technology to the domains under the Ministry’s management.
16. To enter into international cooperation in the domains under its management according to law.
17. To perform the state management of public services in the domains under its management according to law; to manage and direct the operation of non-business organizations under its management;
18. To manage the operation of associations and non-governmental organizations in the domains under its management according to law.
19. To inspect, examine, and settle complaints and denunciations, to combat corruption and negative practices and handle violations of law in the domains under its management according to law.
20. To decide on, and direct the implementation of, its administrative reform program in line with the objectives and contents of the State's administrative reform program after it is approved by the Prime Minister.
21. To manage its organizational apparatus and payroll; to implement the wage regime and policies and regimes on remunerations and commendation and disciplining of cadres, public employees and servants under its management according to law.
22. To manage finance and assets assigned to the Ministry and disburse state budget funds allocated to the Ministry according to law.
23. To perform other tasks and exercise other powers as prescribed by law or as assigned by the Government or the Prime Minister.
Article 3. Organizational structure
1. Department for National Economic Issues.
2. Department for Local and Territorial Economy.
3. Financial 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 and 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 Legislation.
16. Organization and Personnel Department.
17. Department for Emulation - Reward and Communications.
18. Ministry Office.
19. Ministry Inspectorate.
20. Public Procurement Agency.
21. Agency for Enterprise Development.
22. Foreign Investment Agency.
23. Business Registration Management Agency
24. Agency for Cooperative Development
25. General Statistics Office.
26. Development Strategy Institute.
27. Central Institute for Economic Management.
28. National Center for Socio-Economic Information and Forecast.
29. Informatics Center.
30. Vietnam Investment Review.
31. Economy and Forecast Review.
32. Academy of Policy and Development.
33. Economic – Planning Cadre Training Center.
The Organizations defined in Clauses 1 thru 25 of this Article are administrative organizations assisting the Minister in performing the state management function; the organizations defined in Clauses 26 thru 33 are state non-business organizations operating to serve state management work.
The Ministry Office has 10 divisions, the Ministry Inspectorate has 7 divisions, the Foreign Economic Relations Department has 7 divisions, the Department for National Economic Issues has 5 divisions, the Department for Local and Territorial Economy has 7 divisions.
The Bidding Management Department has 5 divisions, the Agency for Enterprise Development has 7 divisions, the Business Registration Management Department has 5 divisions, the Foreign Investment Agency has 6 divisions, the Agency for Cooperative Development has 4 divisions.
The Minister of Planning and Investment shall submit to the Prime Minister for promulgation of decisions defining the functions, tasks, powers and organizational structures of the General Statistics Office, the Development Strategy Institute, the Central Institute for Economic Management and the National Center for Socio-Economic Information and Forecast, and list of other public non-business organizations attached to the Ministry.
The Minister of Planning and Investment shall decide the functions, tasks, powers and organizational structures of organizations attached to the Ministry, except for the General Statistics Office, the Development Strategy Institute, the Central Institute for Economic Management and the National Center for Socio-Economic Information and Forecast.
Article 4. Implementation effect
This Decree takes effect from the date of its signing and replaces the Government's Decree No. 116/2008/NĐ-CP dated November 14, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment.
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
Nguyen Xuan Phuc