Pháp lệnh Thủ đô Hà Nội năm 2000

ORDINANCE

ON HANOI CAPITAL

(No. 29/2000/PL-UBTVQH10 of December 28, 2000)

In order to construct and develop Hanoi, the Capital of the Socialist Republic of Vietnam, the heart of the whole country, making it more and more beautiful, civilized and modern; to inherit and promote the age-old historical and cultural traditions of Thang Long - Hanoi, contributing to building the country more beautiful and prosperous;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
Pursuant to the Resolution on the 2000 law- and ordinance-making program passed by the Xth National Assembly at its sixth session;
This Ordinance provides for Hanoi Capital.

Chapter I

GENERAL PROVISIONS

Article 1.-Position of Hanoi Capital

Hanoi Capital is the national political and administrative center, a large cultural, scientific, educational, economic and international exchange hub of the whole country; the place where the central bodies of the Party and the State, socio-political organizations, foreign diplomatic missions and international organizations are headquartered, and also the place where the country’s most important internal and external relation activities take place.

Article 2.-Scope of regulation

This Ordinance prescribes the objectives, mechanisms, policies, responsibility assignment and State management division in the cause of constructing, developing and defending the Capital.

Article 3.-Objectives of the Capital’s construction and development

1. To build and develop a socialist, prosperous, beautiful, civilized, elegant, modern Capital symbolizing the whole country.

2. To possess a modern and synchronous urban technical infrastructure, and a sustainable environment.

3. To firmly maintain the political security, defense, social order and safety; to protect the people and ensure absolute safety for activities of the leading bodies of the Party and the State, socio-political organizations, foreign diplomatic missions and international organizations.

4. To conserve and promote the quintessence of the traditional age-old culture of the Capital, contributing to building and developing Vietnam’s advanced culture deeply imbued with national identity; to build the civilized and elegant people of the Capital, who represent the Vietnamese nation’s intellect and fine traditions; to set up the country’s top-ranking establishments in the domains of scientific research and application, technology, culture, education, health, physical training and sports.

5. To develop the Capital’s economy at a high and sustainable growth rate with a rational structure; to meet the domestic economic development requirements and actively integrate into the international economy.

6. To concentrate efforts on making the cultural and social environment healthy and clean; to prevent then repel negative phenomena and social evils.

Article 4.-Tasks of constructing, developing and defending the Capital

1. To construct, develop and defend the Capital is the right and also the duty of every citizen of the Capital, the permanent and direct task of Hanoi city’s administration of all levels.

Agencies, organizations and individuals working and living in the city shall have the responsibility to contribute to constructing, developing and defending the Capital.

2. To construct, develop and defend the Capital is the task of the people all over the country.

The Government shall direct, assign and organize coordination among State management bodies at the central level and localities across the country in mobilizing resources for the construction, development and defense of the Capital.

3. The Vietnam Fatherland Front Central Committee and the Front’s member organizations shall have to mobilize the people of all strata in the country and overseas Vietnamese to participate in constructing, developing and defending the Capital.

Article 5.-Policies on investment in constructing and developing the Capital

1. The State determines the Capital to be a key area for special concentrated investment with various resources in order to ensure that the objectives defined in Article 3 of this Ordinance shall be achieved.

2. The State shall adopt preferential treatment polices to encourage domestic organizations and individuals, overseas Vietnamese, foreign organizations and individuals to invest in constructing and developing the Capital.

Article 6.-International cooperation in constructing and developing the Capital

The State encourages and creates conditions for the expansion of international exchange and cooperation activities, takes advantage of external resources and actively integrates into the regional and international economy in order to construct and develop the Capital.

Chapter II

ECONOMIC, EDUCATIONAL, SCIENTIFIC AND TECHNOLOGICAL, CULTURAL AND SOCIAL DEVELOPMENT OF THE CAPITAL

Article 7.-Economic development

1. The Capital’s economic development strategy shall be formulated for the long term and each period, ensure a rapid and rational economic restructuring along the service-industry-agriculture direction, achieve a high and sustainable economic growth rate; and bring into full play the Capital’s strengths to serve as the driving force for the key economic regions in the North and the whole country.

2. The State shall adopt policies to:

a/ Develop diversified services and raise their levels and standards, with concentrated investment in the development of information, tourist, trading, financial, banking, technology transfer, human resource training, insurance, aviation, postal, telecommunication and other services; build the Capital into a goods wholesale, import and export center, a leading financial and banking hub in the northern region, which plays an important role in the whole country;

b/ Give priority to developing high-tech industries aiming to create new products with high economic efficiency and competitiveness and minimum environmental pollution; make concentrated investment in developing commodity lines capable of satisfying the economic development demands of the northern provinces and the whole country; boost the production of goods items for export and import substitution;

c/ Develop agriculture and suburban economy along the urban agriculture - ecology direction; implement industrialization and modernization in agriculture and rural areas; give priority to developing clean agriculture, traditional crafts and craft villages as well as agricultural and ecological tourism villages; invest in developing new technologies and creating new breeds and strains in service of agricultural production; attach importance to post-harvest preservation and processing technologies.

3. The Government, the ministries, the ministerial-level agencies and the agencies attached to the Government, the municipal People’s Council and People’s Committee of Hanoi shall promulgate regulations on preferential treatment applicable to key branches and industries, encouraging the development in each period and of each service and goods manufacturing industry.

Article 8.-Educational and training development

1. To synchronously develop the educational and training system in the Capital with a modern material base so that the Capital shall become a center for training of human resources and fostering of talents for the country; strive to become a prestigious training center in the region, with a highly-educated population.

2. The State shall adopt policies to:

a/ Invest in building a number of high-quality universities and colleges up to regional and world standards;

b/ Develop diversified educational and training forms; retrain the contingent of managerial personnel, scientific and technological as well as technical workers.

3. The Government, the ministries, the ministerial-level agencies and the agencies attached to the Government and the municipal People’s Council and People’s Committee of Hanoi shall promulgate regulations to encourage and create favorable conditions for organizations and individuals to invest in developing the educational and training cause in the Capital.

Article 9.-Scientific and technological development

1. The Capital’s scientific and technological development shall follow the direction of giving priority to developing high technologies in the domains of information - electronics, biology, engineering - automation, new materials production and use.

2. The State shall adopt policies to:

a/ Invest in building a number of modern research establishments and laboratories up to regional and world standards;

b/ Develop and expand the technology market; prioritize the transfer and application of modern technologies to production, business and managerial activities.

3. The Government, the ministries, the ministerial-level agencies and the agencies attached to the Government, the municipal People’s Council and People’s Committee of Hanoi shall promulgate regulations on preferential treatment to encourage organizations and individuals to invest in developing scientific and technological cause in the Capital, create favorable conditions for leading scientists and excellent specialists to bring into full play their talents, intellect and creativeness.

Article 10.-Cultural and social development

1. The Capital’s cultural and social development aims to create a civilized and healthy cultural and social environment.

2. The State shall adopt policies to:

a/ Conserve and renovate historical and cultural relics, scenic places and typical ancient streets in the Capital; build museums, cultural, historical and revolutionary monuments, parks, entertainment and recreation centers, modern libraries and other cultural and art works to meet the people’s increasing demand for spiritual activities;

b/ Develop the medical examination and treatment system capable of meeting the people’s increasing and diversified demands; push up the prophylactic medicine and community healthcare work; renovate, upgrade health centers; build a number of modern and high-quality general and specialized hospitals;

c/ Invest in building a modern sport complex and several physical training and sport centers which meet all conditions for serving domestic and international physical training and sport activities; develop physical training and sport activities of mass character and build a grassroots physical training and sport network.

3. The Government shall assign responsibility to and direct the ministries, the ministerial-level agencies, the agencies attached to the Government, the municipal People’s Council and People’s Committee of Hanoi to formulate regulations on management of, investment in and use of cultural, medical, physical training and sport establishments located in the city; encourage organizations and individuals to invest in developing the cultural and social cause of the Capital.

Chapter III

THE CAPITAL’S URBAN MANAGEMENT, CONSTRUCTION AND DEVELOPMENT

Article 11.-Management of the Capital’s planning

1. The Capital shall be constructed and developed according to the overall planning approved by the Government.

Basing itself on the overall planning of the Capital, the municipal People’s Committee of Hanoi shall draw up detailed plannings for rural and urban districts, residential quarters and newly-developed zones; take the initiative in coordinating with the concerned ministries, the ministerial-level agencies, the agencies attached to the Government in elaborating specialized plannings in the city, and closely managing the implementation of the approved plannings.

The ministries, the ministerial-level agencies and the agencies attached to the Government shall, within the scope of their respective tasks and powers, have to coordinate with the municipal People’s Committee of Hanoi in elaborating annual plans on organizing the implementation of the plannings.

2. The municipal People’s Committee of Hanoi shall direct the implementation of the detailed plannings, ensure the synchronous construction of new urban centers according to the planning; promulgate regulations on management of urban construction and order.

If necessary and permitted by the Government, the municipal People’s Committee of Hanoi may adjust partially the overall planning with a view to ensuring the synchronous development of the Capital.

3. Agencies, organizations and individuals investing in the construction in the city must strictly comply with the law provisions as well as the regulations of the municipal People’s Committee of Hanoi on urban planning and management of urban construction and order.

Article 12.-Management of natural resources, land, rivers and lakes

1. Natural resources, land, rivers and lakes in the city shall be rationally and efficiently exploited and used in line with the overall planning.

2. The municipal People’s Council and People’s Committee of Hanoi shall, within the scope of their respective tasks and powers, have to:

a/ Directly manage the exploitation and use of natural resources, land, rivers and lakes in the city;

b/ Formulate plannings, long-term and annual plans on the use of natural resources, land, rivers and lakes in service of the urban, socio-economic development and the people’s life;

c/ Promulgate regulations to protect and organize effective exploitation of natural resources, land, rivers and lakes in the city;

d/ Manage, monitor and handle promptly fluctuations in natural resources, land, rivers and lakes in the city.

3. Land users must use land for the assigned purposes and fulfill their obligations according to land-related law provisions and regulations of the municipal People’s Committee of Hanoi.

Where the State recovers land for use for purposes of constructing and developing the Capital according to the planning, land users shall be obliged to strictly abide by that decision and receive compensation therefor as prescribed by law.

Article 13.-Housing management, construction and development

1. Housing construction and development in the city shall comply with the planning and meet the demands of modern urban development, and raise the people’s living standards.

2. The municipal People’s Committee of Hanoi shall have to:

a/ Annually publicize the State’s investment plannings and plans on the renovation of old urban quarters and the construction of new urban quarters;

b/ Encourage organizations and individuals to invest in and select models of dealing in and developing dwelling houses, residential quarters and new urban quarters, which suit the requirements of each period and each category of subjects; attach importance to building dwelling houses for low-income earners; expand the real-estate market;

c/ Manage various housing funds in the city.

3. Agencies, organizations and individuals using houses under various ownership forms shall have to strictly comply with housing management-related law provisions and regulations of the municipal People’s Committee of Hanoi.

Article 14.-Management, construction and development of the urban technical infrastructure system

1. The Capital’s urban technical infrastructure system, which is classified by the State as of particular importance, shall be constructed with concentrated investment one step ahead the Capital’s construction and development requirements.

The State shall concentrate investment on building a synchronous and modern urban technical infrastructure system compliant with the overall planning; give priority to developing the urban traffic network, constructing a comprehensive communication network, electricity supply, water supply and drainage, waste treatment and environmental sanitation systems in the Capital.

2. The municipal People’s Committee of Hanoi shall have to:

a/ Draw up investment plans, organize the uniform management of activities of investing in, exploiting and using the urban technical infrastructure system in the city according to the Government’s responsibility assignment;

b/ Assign and decentralize the management responsibility according to its competence and promulgate regulations to encourage investment; elaborate regulations on the exploitation and use of each type of urban technical infrastructure work.

Article 15.-Environment management and protection

1. The Capital’s environment shall be protected and developed sustainably, ensuring a green, clean, beautiful and ecologically-balanced city, contributing to raising the quality of the people’s life.

2. Agencies, organizations and individuals shall have the responsibility to preserve and protect the environment at their residential, working and public places.

3. The ministries, the ministerial-level agencies and the agencies attached to the Government shall, within the scope of their respective tasks and powers, have the responsibility to guide and coordinate with the municipal People’s Committee of Hanoi in:

a/ Investing in building a comprehensive system of equipment and facilities for environmental observation;

b/ Annually organizing the assessment of the present environmental situation and impacts and working out appropriate investment solutions.

4. The municipal People’s Committee of Hanoi shall have the responsibility to:

a/ Promulgate regulations on the environmental protection, manage environment-polluting sources; encourage organizations and individuals to participate in protecting the environment;

b/ Organize the relocation of environment-polluting production and business establishments to suitable places; clean up the environment in streets, villages, communes; overcome on the spot causes of environmental pollution;

c/ Protect the nature, preserve the ecological balance; develop the network of parks, flower gardens and trees in the city.

Article 16.-Population management

1. The population living in the city shall be managed to ensure a rational size, density and structure compliant with the overall planning and suited to the Capital’s characteristics.

2. The municipal People’s Council and People’s Committee of Hanoi shall have the responsibility to:

a/ Promulgate regulations on preferential treatment toward and create favorable conditions for people with high professional qualifications and excellent specialists to live and work in the city;

b/ Promulgate regulations on migration management; prescribe measures to control and restrict unplanned and illegal migration into the Capital;

c/ Promulgate regulations on labor management; take measures to create many more jobs, reduce the unemployment rate; give preferential treatment to people who have rendered meritorious services to the country; fight and prevent crimes and social evils;

d/ Promulgate regulations on management of the population in the city according to law provisions.

Chapter IV

INVESTMENT IN THE CAPITAL’S CONSTRUCTION AND DEVELOPMENT

Article 17.-Investment from the State budget in the Capital’s construction and development

1. The State shall adopt special mechanisms and policies on investment with the budget and other financial sources for the Capital; arrange and gradually increase the proportion of budget allocations, which shall be kept stable for every period of three years.

The Capital may use the whole budget amount collected in excess of the annual plans for construction and development investment as provided for by law.

2. The municipal People’s Council and People’s Committee of Hanoi shall have to effectively use the State-allocated budgetary sources and attract domestic and foreign investment capital sources in various forms for implementation of the Capital’s construction and development programs and projects.

Article 18.-Supportive capital sources

The Government shall prioritize the distribution of the official development assistance (ODA) capital together with the domestic reciprocal capital, capital for implementation of programs and projects as well as preferential credit sources to the Capital on the basis of programs and projects for construction of the urban technical infrastructure, environmental and public welfare facilities.

Article 19.-Other financial measures

The municipal People’s Council and People’s Committee of Hanoi may take the following financial measures to construct and develop the Capital:

1. Issuing the Capital construction bonds;

2. Using the land funds for creation of capital for construction of the urban technical infrastructure and public welfare facilities according to law provisions;

3. Setting up the Capital Construction and Development Fund;

4. In case of necessity, borrowing capital from the financial sources of the State, organizations and individuals inside and outside the country for investment in the Capital’s construction and development according to law provisions.

Chapter V

RESPONSIBILITIES TO CONSTRUCT, DEVELOP AND DEFEND THE CAPITAL

Article 20.-The Government’s responsibilities

1. The Government shall have the responsibility to:

a/ Directly direct the formulation and implementation of the overall planning, programs and plans for the Capital’s socio-economic development; give priority to settling promptly matters related to the Capital; decide on the budgetary investment in the contents specified at Point a, Clause 2, Article 8; Point a, Clause 2, Article 9; Clause 1, Article 14; Point d, Clause 1, Article 20 and Point a, Clause 2, Article 21, of this Ordinance;

b/ Direct the concerned ministries, the ministerial-level agencies and the agencies attached to the Government to coordinate with the municipal People’s Committee of Hanoi in elaborating and deploying the implementation of, the Capital’s development programs and plans; direct the elaboration of a number of particular mechanisms and policies for the Capital’s development; mobilize the People’s Committees of the provinces and centrally-run cities to participate in, coordinate with and assist the Capital in each specific domain;

c/ Define the State management responsibilities by branch and territory of the concerned ministries, the ministerial-level agencies and the agencies attached to the Government to the municipal People’s Committee of Hanoi in the cause of the Capital’s construction and development;

d/ Direct the planning of the construction of the International Conference Center, the National Assembly’s office, the National Physical Training and Sport Center and the offices of the central bodies to serve the country’s political, economic, cultural and external relation activities.

2. The Prime Minister shall personally direct the Capital’s urban construction and management work.

Article 21.-Responsibilities of the central agencies and organizations as well as localities throughout the country

1. The ministries, the ministerial-level agencies and the agencies attached to the Government shall, within the scope of their respective tasks and powers, have the responsibility to:

a/ Make plans on investment in the Capital’s construction and development in line with the overall planning and the specialized plannings;

b/ Coordinate with the municipal People’s Committee of Hanoi in elaborating a number of particular mechanisms and policies for the Capital and deploying the investment programs and projects in the city in order to ensure uniform management according to the planning;

c/ Coordinate and create conditions for the municipal People’s Committee of Hanoi in expanding international exchange and cooperation as well as external economic development activities.

2. The ministries, the ministerial-level agencies and the agencies attached to the Government, other bodies of the State, political and socio-political organizations at the central level shall have the responsibility to:

a/ Base themselves on the overall planning to concentrate investment on building their working offices matching the Capital’s position;

b/ Coordinate with the municipal People’s Committee of Hanoi in taking care of the living conditions of public employees under their respective management, who are living in the city.

3. The People’s Committees of the provinces and centrally-run cities shall take the initiative in expanding forms of cooperation with the Capital, suited to the demands and strengths of their respective localities, contributing to accelerating the speed of the Capital’s construction and development.

Article 22.-Responsibilities of the municipal People’s Council and People’s Committee of Hanoi

1. The municipal People’s Council and People’s Committee of Hanoi shall, within the scope of their respective tasks and powers, have to:

a/ Take the initiative in coordinating with the ministries, the ministerial-level agencies and the agencies attached to the Government in studying, proposing and submitting to the Government the strategy for socio-economic development, security and defense maintenance and particular mechanisms and policies for the Capital;

b/ Coordinate with the competent State bodies in providing services for important internal and external relation activities of the Party and the State;

c/ Expand external relation activities, formulate programs and plans so as to take the initiative in integrating into the regional and world economy; formulate the Capital’s external relation strategy on the basis of the external relation lines of the Party and the State;

d/ Encourage and create favorable conditions for organizations and individuals to take part in international exchange and cooperation activities in the economic, cultural and social, educational, scientific and technological domains.

2. The president of the municipal People’s Committee of Hanoi shall directly manage and administer the Capital’s urban construction and management.

Article 23.-Responsibilities of organizations and individuals

1. Organizations and individuals working and living in the Capital shall have the responsibility to participate in building a civilized and elegant life style, maintaining the social order and safety in the city; strictly abide by the provisions of this Ordinance, other relevant law provisions and regulations of the municipal People’s Council and People’s Committee of Hanoi.

2. The Vietnam Fatherland Front Central Committee and the Front’s member organizations shall have the responsibility to coordinate with the municipal People’s Council and People’s Committee of Hanoi in ensuring the people’s mastery, implementing the regulations on grassroots democracy, contributing to the Capital’s construction, development and defense.

Article 24.-The responsibility to defend the Capital

1. To defend the Capital is the responsibility of all agencies, organizations and citizens.

2. Basing itself on the task of defense and security maintenance, the Government shall direct the Ministry of Defense and the Ministry of Public Security to coordinate with the ministries, the ministerial-level agencies and the agencies attached to the Government in elaborating plans on defending and ensuring absolute safety for the Capital in all circumstances.

3. The municipal People’s Committee of Hanoi shall, within the scope of its tasks and powers, have to direct and organize forces to ensure defense, security, social order and safety in the city in close association with implementing the Capital’s socio-economic development programs.

Chapter VI

COMMENDATION AND HANDLING OF VIOLATIONS

Article 25.-Commendation

Organizations and individuals that make outstanding contributions to the cause of constructing, developing and defending the Capital shall be commended and/or rewarded according to law provisions.

Article 26.-Handling of violations

Organizations and individuals that violate this Ordinance and other relevant law provisions shall, depending on the nature and seriousness of their violations, be handled according to law provisions.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 27.-Implementation effect

This Ordinance takes effect as from February 3, 2001.

All previous provisions contrary to this Ordinance are hereby annulled.

Article 28.-Implementation guidance

The Government shall detail and guide the implementation of this Ordinance.

THE STANDING COMMITTEE OF NATIONAL ASSEMBLY




Nong Duc Manh