This Decree stipulates the content of the pilot decentralization of state management between the Government and the Ho Chi Minh City government (People's Council and People's Committee of Ho Chi Minh City) in the following areas:
1. State management of investment.
2. State management of economy , finance, state budget.
3. State management of planning, construction, resources and environment.
4. State management of transportation.
5. State management of health .
6. State management of education and training.
7. State management of labor and vocational education.
8. State management of internal affairs.
Principle of hierarchy
The Decree stipulates that the decentralization of state management to the Ho Chi Minh City (City) government is implemented according to the provisions of Clause 2, Article 11 and Article 13 of the Law on Organization of Local Government and the following specific contents:
Ensure compliance with the provisions of the Constitution, Laws, Resolutions of the National Assembly, the National Assembly Standing Committee, and the Party's policies on the direction and tasks of the City's development.
Ensure the Government's centralized and unified leadership, direction and administration; promote the City's responsibility, autonomy, self-responsibility, dynamism and creativity in organizing the implementation of local socio-economic development goals.
Decentralization of state management is associated with strengthening the responsibility of inspection, examination and supervision of the activities of the City government.
Decentralization of state management in some areas aims to enhance the responsibility of the City People's Committee and specialized agencies under the City People's Committee, creating initiative and perfecting the decentralization mechanism for the City government.
Decentralization of state management goes hand in hand with the implementation of administrative reform programs at all levels of government to improve the effectiveness and efficiency of the city's state management apparatus; promptly resolve difficulties to facilitate business operations and better serve the needs of organizations and people.
The regulation or adjustment of administrative procedures related to decentralization content must ensure the following principles:
The decentralization contents have prescribed administrative procedures, then adjust the subjects performing administrative procedures based on the current records, procedures and order, without creating additional administrative procedures.
Decentralized contents that do not have prescribed administrative procedures shall be implemented according to the order and administrative procedures prescribed by the City People's Council, ensuring simplicity, ease of understanding, ease of implementation, saving time, costs, and efforts of the subjects and agencies implementing administrative procedures.
State management of investment
Regarding decentralization of state management of investment, the City People's Committee submits to the City People's Council:
Decide on the list of new preferential industries and occupations arising from the world's new technology development trends or from the City's socio-economic development practices in line with the country's orientation on green economic development, circular economy, sharing economy, digital economy, and sustainable development to be applied in the City after the City People's Committee consults with the Ministry of Planning and Investment.
Based on the local budget balance capacity and on the basis of detailed regulations on investment support forms (stipulated in Decree No. 31/2021/ND-CP dated March 26, 2021 of the Government detailing and guiding the implementation of a number of articles of the Investment Law), issue support policies to ensure the specific nature of the City for high-tech enterprises and scientific and technological organizations.
State management of health
Regarding the decentralization of state management of health , the City People's Committee has the authority to:
Assign specialized health agencies to issue certificates of advertising content for medical examination and treatment services of private hospitals in the City.
Decision to grant import licenses for drugs to meet special treatment needs arising during the medical examination and treatment process for a number of drug groups specified in Point b, Clause 1, Article 68 of Decree No. 54/2017/ND-CP dated May 8, 2017 of the Government detailing a number of articles and measures to implement the Law on Pharmacy (amended and supplemented at Point a, Clause 38, Article 5 of Decree No. 155/2018/ND-CP dated November 12, 2018) for medical examination and treatment facilities under the management of the City. Report to the Ministry of Health for information disclosure as prescribed in Clause 6, Article 60 of the Law on Pharmacy.
State management of education and training
Regarding decentralization of state management of education and training , the City People's Committee has the authority to:
Approve integrated education programs implemented in educational cooperation with foreign countries for educational institutions in the area, ensuring criteria, conditions, and standards according to Government regulations on foreign cooperation and investment in the field of education and instructions of the Ministry of Education and Training.
Approve documents and learning materials used to introduce children to foreign languages, ensuring criteria, conditions, processes and procedures according to Government regulations and instructions of the Ministry of Education and Training.
Piloting the innovation of operating mechanisms for a number of educational institutions under management to improve the quality of education in the City.
Source: https://kinhtedothi.vn/thi-diem-phan-cap-quan-ly-8-linh-vuc-cho-chinh-quyen-tp-ho-chi-minh.html
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