Quyết định 1242/QĐ-TTg năm 2021 về thành lập Tổ công tác đặc biệt của Thủ tướng Chính phủ về rà soát, tháo gỡ khó khăn, vướng mắc và thúc đẩy thực hiện dự án đầu tư tại các bộ, ngành và địa phương do Thủ tướng Chính phủ ban hành

DECISION

ESTABLISHING PRIME MINISTER’S SPECIAL WORKING GROUP ON REVIEW AND RELIEF OF PROBLEMS AND DIFFICULTIES, AND ENHANCEMENT OF IMPLEMENTATION OF INVESTMENT PROJECTS FALLING WITHIN THE REMIT OF MINISTRIES, CENTRAL AND LOCAL AUTHORITIES

PRIME MINISTER

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on Amending and Supplementing certain Articles of the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Government’s Resolution No. 19/NQ-CP dated February 10, 2021 issued in its regular plenum held in January 2021;

Upon the request of the Minister of Planning and Investment,

HEREIN DECIDES

Article 1. Establish the Prime Minister’s Special Working Group (hereinafter referred to as Working Group) on review and relief of problems and difficulties and enhancement of implementation of investment projects falling within the remit of ministries, central and local authorities through reorganization of the Working Group on promotion of foreign investment cooperation already set up under the Prime Minister’s Decision No. 850/QD-TTg dated June 17, 2020, which is composed of the following members:

1. Head: Mr. Pham Binh Minh, Deputy Prime Minister.

2. Standing Deputy Head: Mr. Nguyen Chi Dung, Minister of Planning and Investment.

3. Deputy Heads: Deputy Minister of Planning and Investment, and Deputy Minister of Justice.

4. Working Group’s members are leaders of ministries and quasi-ministries, including: Office of the Government; Ministry of Finance; Ministry of Natural Resources and Environment; Ministry of Industry and Trade; Ministry of Construction; Ministry of Transport; Ministry of Agriculture and Rural Development; Ministry of Foreign Affairs; Ministry of Public Security; Ministry of Science and Technology; Ministry of Culture, Sports and Tourism; Ministry of Labor, War Invalids and Social Affairs; Ministry of Information and Communications; State Bank of Vietnam; and Commission for Management of State Capital at Enterprises.

5. Within 05 days of the entry into force of this Decision, Heads of ministries and quasi-ministries referred to in clause 3 and 4 of this Article shall send their representatives to the Working Group and notify the Ministry of Planning and Investment of this.

Where necessary, in view of the Working Group’s duties stipulated in Article 2 of this Decision, Heads of ministries and quasi-ministries already sending their representatives to the Working Group on promotion of foreign investment cooperation under the Decision No. 850/QD-TTg can consider issuing its decision on change of representatives sent from leadership of ministries and quasi-ministries to the Working Group.

6. Subject to the requirements concerning implementation of the Working Group’s duties and at the request of the Minister of Planning and Investment, the Working Group may invite more leaders of several central and local authorities or other organizations or professionals to join the Working Group to cooperate or give their counsels on implementation of the Working Group’s duties.

Article 2. Duties and authority of the Working Group

1. Duties:

a) Take charge of checking and assembling problems and difficulties that ministries, central and local authorities face when implementing investment projects;

b) Give explanations and instructions for uniform implementation of legislation on investment and other relevant regulations in order to successfully deal with issues and problems and boost implementation of investment projects as per legislative regulations;

c) Assist the Prime Minister in directing and coordinating activities of ministries, central and local authorities to settle any issue or problem arising from implementation of investment projects;

d) Recommend actions or measures to be taken in response to problems and difficulties under the jurisdiction of competent authorities;

dd) Expedite and supervise the process of dealing with difficulties and problems falling within the remit of ministries, central and local authorities;

e) Advise the Prime Minister on regulatory mechanisms, policies and actions aimed at promptly seizing investment cooperation opportunities that arise in the new context;

g) Proactively approach and enter into negotiations with large corporations with high technologies to solicit and promote their investment;

h) Carry out investment promotion activities with the objective of calling for high-quality investment projects meeting such requirements as huge financial sources, high technologies, innovations, and commitments to cooperate with Vietnamese enterprises and offer them advantages in participating in value chains, investing in stages of high added value and cooperating on human resource training, research and development activities;

i) Render assistance to foreign investment enterprises finding opportunities to invest or expand their investment and resolve issues and problems that they may face in Vietnam;

k) On a quarterly basis or where necessary, submit results and progress reports and recommended actions to the Prime Minister in order to promptly solve and relieve difficulties and problems, and suggest commendations, awards or sanctions towards relevant organizations and individuals;

l) Perform other tasks and duties assigned and delegated by the Prime Minister.

2. Powers:

a) Request ministries, quasi-ministries, Governmental bodies and provincial People’s Committees to provide their information, cooperate in the implementation process, appoint their officers and eradicate problems and difficulties falling under their jurisdiction;

b) Invite leaders of relevant central and local authorities or other organizations or professionals to join the Working Group to cooperate and give their counsels on implementation of the Working Group’s duties.

3. Projects falling within the scope of responsibilities for review of the Working Group under clause 1 of this Article are listed as follows:

a) Public investment projects (including those funded by ODA and other preferential loans of foreign sponsors);

b) Business investment projects (including domestic investment projects and foreign direct investment (FDI) projects);

c) Public – private partnership (PPP) investment projects.

The scope of responsibilities for review of the Working Group does not extend to projects put under the control or directions of other working groups or steering committees.

Article 3. Working rules and regulations

1. The Working Group shall be accountable to the Prime Minister for performance of the tasks assigned under this Decision and the Working Regulations of the Working Group.

2. The Working Group shall work according to the rules of increasing individual responsibility of heads; the Working Group’s members shall work part-time and be responsible for their assignments.

3. The Working Group’s Head may use the seal of the Prime Minister; the Working Group’s Standing Deputy Head may use the seal of the Ministry of Planning and Investment to perform his/her tasks and direct the Working Group's activities. The Working Group’s Deputy Heads and members may use seals of their host institutions to perform tasks assigned by the Working Group.

4. The Working Group’s Head is vested with authority to institute working regulations and plans of the Working Group.

Article 4. Working Group’s Assistant Team

1. The Ministry of Planning and Investment shall establish the Assistant Team that advises the Working Group on implementation of the Working Group’s duties.

2. The Working Group’s Assistant Team shall be composed of Heads of several units subordinate to the Ministry of Planning and Investment and those referred to in clause 4 and 6 of Article 1 herein.

3. The Assistant Team members shall be responsible for recommending, counseling and organizing the Working Group’s activities relevant to the scope of duties and management of their host institutions under the Working Group's mandate.

Article 5. Funding for the Working Group’s activities

1. Funding for activities of the Working Group and the Assistant Team shall be separate from estimated state budget expenditures of ministries and authorities under regulations currently in force.

2. Funding for activities of members of the Working Group and the Assistant Team on the staff of the Ministry of Planning and Investment shall be provided as part of the annual state budget estimate of the Ministry of Planning and Investment.

3. Funding for activities of members of the Working Group and the Assistant Team on the staff of other ministries and authorities referred to in clause 4 and 6 of Article 1 shall be provided as part of the respective annual state budget estimates.

Article 6. Entry into force

1. This Decision shall take effect as from the signature date and replace the Prime Minister's Decision No. 850/QD-TTg dated June 17, 2020 on establishment of the Working Group on promotion of foreign investment cooperation.

2. Ministers, Heads of quasi-ministries, Heads of Governmental bodies, Presidents of People’s Committees of centrally-affiliated cities and provinces, other relevant organizations and individuals, and members referred to in Article 1, shall be responsible for implementing this Decision./.

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