On June 24, 2023, the National Assembly passed Resolution 98/2023/QH15 ("Resolution 98") on piloting certain special mechanisms and policies for the development of Ho Chi Minh City (Resolution 98 has been updated by ATA at https://ata-legal.com/various-specific-policies-are-designed-for-ho-chi-minh-city-with-the-objective-of-developing-the-city-according-to-the-tod-model-prioritizing-the-attraction-of-strategic-investors-for-industrial-high-tech-and-transportation-infrastructure-projects ). On July 10, 2024, the Government issued Decree 84/2024/ND-CP ("Decree 84"), which specifically delineates the management areas piloted for decentralization to the authorities of Ho Chi Minh City, as follows:
- Piloting the decentralization of state management in 08 areas to Ho Chi Minh City
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No. |
Area |
Management content |
Special mechanism |
Implementation process |
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1 |
Investment |
List of Investment Incentives by Industry and Sector |
List of newly emerging industries and sectors eligible for investment incentives, aligned with global technology trends or the economic and social development needs of the city, in accordance with national goals for green economy, circular economy, sharing economy, digital economy, and sustainable development. |
The People's Committee of the City presents to the City Council after consulting with the Ministry of Planning and Investment. |
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Investment support policies |
Issuing investment support policies that ensure the unique characteristics of the city for high-tech enterprises, scientific and technological organizations. |
The People's Committee of the city submits to the City Council based on the local budget balance capabilities and in accordance with the provisions of Decree No. 31/2021/ND-CP. |
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2 |
Economics, finance, and state budget |
Budget expenditure regime |
Budget expenditure regimes for specific local tasks to carry out socio-economic development, and ensure public order and safety in the area. |
The People's Committee submits to the City Council to ensure alignment with the local budget balancing capacity, with no support from the central budget |
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Special expenditure levels |
Special expenditure levels for: Training and professional development for officials, civil servants, and public employees; travel allowances; and conference and guest reception expenses, compared to the existing budgetary expenditure policies, standards, and norms. |
The City People's Committee presents to the City People's Council after consulting with the Ministry of Finance, ensuring alignment with the actual conditions and the City’s budgetary balance capabilities |
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Retail Establishment License |
Issuance and Adjustment of Retail Establishment Licenses (excluding convenience stores and mini-marts) for foreign investors and foreign-invested economic organizations operating in the city: - Retail Establishment License for a facility within a shopping center with an area of less than 500 m². - Retail Establishment License for a facility outside the first retail establishment with an area of less than 100 m², not located in a shopping center, and approved by the City Economic Demand Assessment Council. Adjustments to increase the area for facilities meeting these two conditions. - Retail Establishment License for the first retail facility with an area of less than 500 m² and adjustments to increase the area to less than 500 m² for the first retail establishment located outside a shopping center. |
The People's Committee of Ho Chi Minh City assigns the Department of Industry and Trade to implement |
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Exploitation and operation of irrigation infrastructure assets |
Order and assign the management and operation of irrigation infrastructure assets that provide public utility services related to irrigation in the city. |
The People's Committee of the city shall carry out this according to the conditions, procedures, and processes prescribed by the City Council. |
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3 |
Planning, Construction, Resources, and Environment |
Indicators in the Planning |
Decision on Population Scale for Social Housing Projects |
The City People's Committee (UBND TP) shall implement in accordance with legal regulations, ensuring compatibility with the land use ratio or increased construction density as stipulated by housing laws, standards, and criteria applied when approving investment projects; and ensure that sub-area plans and detailed plans must be approved or adjusted as required. |
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Proactively determine the population scale, adjust land use planning indicators, and address architectural requirements when organizing, adjusting, and approving plans within the authority of the City People's Committee (UBND TP). |
The City People's Committee (UBND TP) shall ensure compliance with the general master plan (for cases of developing or adjusting sub-area plans), and adherence to both the general master plan and sub-area plans (for cases of developing or adjusting detailed plans), while also adhering to national technical standards for construction planning. |
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Feasibility Study Report for the Project |
Appraisal of the Feasibility Study Report for Construction Investment and Detailed Design Implementation for Group A Projects with the Highest Building Classification of Level II or Lower, and Group B Projects with the Highest Building Classification of Class I Civil Works, Using State Funds or Other Sources in Accordance with Construction Laws. |
Department of Construction |
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Acceptance of Civil Engineering Works |
Inspection of the Acceptance Process for Civil Engineering Works of Class I Utilizing State Funds Other Than Public Investment and Other Sources |
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Certificate of Eligibility for Occupational Safety and Health Technical Inspection |
Issuance, Renewal, Reissuance, and Revocation of Certificates of Eligibility for Occupational Safety and Health Technical Inspection Under the Authority of the Ministry of Construction |
Department of Construction |
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Inspection Certification |
Issuing, renewing, and revoking inspection engineer certificates falls under the authority of the specialized agency within the Ministry of Construction |
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Production and business premises, facilities, and land classified as public assets |
Organize auctions for the lease of these assets |
The People's Committee of the City will implement this. The starting price for the auction will be decided by the Chairman of the People's Committee after consulting with the Ministry of Finance |
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4 |
Transport |
Inland waterway transport activities
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State management of inland waterway transport activities on national inland waterways within the administrative boundaries of the City |
The People's Committee of the City shall implement |
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Management of mooring activities and mooring areas on waterways within the administrative boundaries of the City |
Decide the location, scope, procedures for announcing, and publicize the mooring areas and mooring zones (for inland waterway vessels, not engaged in cargo or passenger transport) on local inland waterways, national inland waterways, specialized inland waterways connecting to national inland waterways (and mooring areas within port waters) within the administrative boundaries of the City (without the need to establish a mooring area or mooring zone planning). |
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5 |
Health |
Importing pharmaceuticals |
Issuing import licenses for pharmaceuticals to meet special treatment needs arising during medical examinations and treatments for certain groups as specified in point b, clause 1, Article 68 of Decree No. 54/2017/ND-CP for medical examination and treatment facilities within the jurisdiction of the City |
The City People's Committee decides and reports to the Ministry of Health to announce information related to the drugs that have been granted import licenses. |
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Content of Advertising for Medical Examination and Treatment Services |
Issuing Certificates for the Content of Advertisements for Medical Examination and Treatment Services by Private Hospitals in the City |
Department of Health |
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6 |
Education and Training
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Integrated Education Programs in International Educational Partnerships |
Approval of the integrated education program implemented in cooperation with foreign education institutions for educational establishments in the area, ensuring criteria, conditions, and standards as prescribed by the Government on foreign cooperation and investment in the field of education. |
The People's Committee of the City complies with legal regulations and guidance from the Ministry of Education and Training. |
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Materials and educational resources used to introduce children to foreign languages. |
Approve materials and educational resources used to introduce children to foreign languages. |
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Operational mechanism of educational institutions |
Pilot the development of an innovative operational mechanism for certain educational institutions under the management scope to enhance the quality of education in the City. |
The People's Committee of the City implements.. |
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7 |
Labor, Vocational Education |
Certificate of Adequacy for Operations for Occupational Safety and Health Training Organizations with Head Offices in the City |
Receiving applications and issuing, reissuing, renewing, or revoking the Certificate of Adequacy for Operations for organizations with head offices in the City (excluding training organizations established by central ministries, agencies, state-owned corporations, and groups) that conduct Category C training for individuals participating in occupational safety and health training programs |
The City People's Committee ensures compliance with criteria and conditions as per regulations. |
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Certificate of Registration for Vocational Education and Training Activities; Certificate of Registration for Additional Vocational Education and Training Activities for Colleges |
Cấp giấy chứng nhận đăng ký hoạt động giáo dục nghề nghiệp, giấy chứng nhận đăng ký bổ sung hoạt động giáo dục nghề nghiệp đối với trường cao đẳng thuộc phạm vi quản lý của Thành phố. |
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Foreign Worker Managemen |
+ Approve the need for foreign workers + Certify exemption from work permit requirements + Issue, reissue, extend, and revoke work permits for organizations, agencies, and enterprises with headquarters and operations within the city. |
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8 |
Internal Affairs |
Organizational Structure of Specialized Agencies under the People's Committee of the City
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Decide on the establishment, division, merger, or consolidation of specialized agencies under the People's Committee of the City, ensuring alignment with the City's specific characteristics without increasing the number of existing specialized agencies |
City People's Committee submits to the City People's Council |
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Reward beyond the regulations |
Decide on additional rewards for collectives or individuals who achieve outstanding or exceptional results in the mission of building and protecting the nation and contributing to the development of the city's socio-economic and national defense-security sectors, beyond the current regulations, in accordance with the city's budgetary capacity |
The City People's Committee, based on the conditions, practical situation, and the city's budgetary capacity, will present the proposal to the City People's Council |
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Promotion exams for civil servants |
Decide on the quota and organize exams for the promotion of civil servants to the positions of specialist, senior specialist, and equivalent |
The City People's Committee shall implement |
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The organizational structure of the specialized agencies system under the district People's Committee |
Establishing, splitting, merging, or consolidating specialized agencies under the district People's Committee, ensuring alignment with the city’s specific characteristics without increasing the number of existing specialized agencies |
The district People's Committee submits to the same-level People's Council |
Specifically, the piloting of the decentralization of state management between the Government and the authorities of Ho Chi Minh City (the People's Council and the People's Committee of Ho Chi Minh City) in the following areas:
Accordingly, the pilot decentralization of state management in certain fields to the Ho Chi Minh City government is to issue mechanisms and policies in accordance with its authority to adjust and supplement regulations to address the issues arising from the city's management and development practices
- Principles of Decentralization
One key principle of decentralization stated in Decree 84 is "not to create additional procedures," specifically:
- For content where administrative procedures have been established, the responsible parties for these procedures will be adjusted based on existing documentation and procedural steps, without creating additional administrative procedures.
- For content where administrative procedures have not been established, the procedures will follow the administrative processes prescribed by the City People's Council, ensuring they are simple, understandable, easy to implement, and save time, costs, and effort for both the applicants and the administrative authorities.
Decree 84/2024/ND-CP will take effect from July 10, 2024, and will replace Decree 93/2001/ND-CP dated December 12, 2001.
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