Quyết định 89/QD-TCTDB

DECISION

ISSUING WORKING RULES AND REGULATIONS OF 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

HEAD OF THE SPECIAL WORKING GROUP ON REVIEW AND RELIEF OF PROBLEMS AND DIFFICULTIES, AND ENHANCEMENT OF IMPLEMENTATION OF INVESTMENT PROJECTS

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 Prime Minister’s Decision No. 1242/QD-TTg dated July 16, 2021 on establishment of the 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;

Upon the request of the Minister of Planning and Investment,

HEREIN DECIDES

Article 1. Working Rules and Regulations of the 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 are annexed hereto. 

Article 2. This Decision shall enter into force as from the signature date.

Article 3. Ministers, Heads of quasi-ministries, Heads of Governmental bodies, and Presidents of People’s Committees of centrally-affiliated cities and provinces and members of the Working Group shall be responsible for implementing this Decision./.

WORKING RULES AND REGULATIONS

OF THE 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
(Annexed to the Decision No. 89/QD-TCTDB dated September 9, 2021 of the Head of the Special Working Group on review and relief of problems and difficulties, and enhancement of implementation of investment projects)

Chapter I

GENERAL REGULATIONS

Article 1. Scope and subjects of application

1. These Rules and Regulations deal with principles, responsibilities, authority, working regime; reporting regime and operating conditions of the 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 (hereinafter referred to as Working Group).

2. These Rules and Regulations shall apply to the Working Group, members of the Working Group and the Working Group’s Assistant Team (hereinafter referred to as Assistant Team), ministries, quasi-ministries, Governmental bodies, local authorities, other relevant organizations and individuals. 

Article 2. Operational principles and manners

1. The Working Group shall work according to the principles laid down in Article 3 of the Prime Minister’s Decision No. 1242/QD-TTg dated July 16, 2021 on establishment of the 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 (hereinafter referred to as Decision No. 1242/QD-TTg), these Rules and Regulations.

2. The Working Group’s activities shall be carried out through meetings, written opinion surveys or implementation of specific activities relevant to the functions and tasks of the Working Group. Opinions contributed by members of the Working Group are also official opinions of their host institutions.

3. The Working Group’s members may appoint Heads of units of their host institutions to the Assistant Team and shall act as liaisons between their host institutions and the Assistant Team to implement the Working Group’s duties, and may use funds and organization structures of their host institutions to perform their assigned tasks.   

4. The Ministry of Planning and Investment shall serve as the central hub to receive, collect propositions concerning problems and difficulties that ministries, central, local authorities and enterprises face when carrying out investment projects under the Working Group’s duties and authority, and report them to the Working Group under the provisions of Article 2 in the Decision No. 1242/QD-TTg.

Chapter II

ORGANIZATION STRUCTURE, DUTIES AND AUTHORITY OF THE WORKING GROUP

Article 3. Organization structure and duties of the Working Group

1. The Working Group is composed of the Head, Standing Deputy Head, Deputy Heads and other members under Article 1 of the Decision No. 1242/QD-TTg .

2. The Working Group shall implement its duties and authority referred to in Article 2 of the Decision No. 1242/QD-TTg. The Ministry of Planning and Investment shall set up the Assistant Team composed of Heads of several units subordinate to the Ministry of Planning and Investment and relevant ministries and authorities.

Article 4. Duties and authority of the Working Group's Head

1. Take accountability to the Prime Minister for operation of the Working Group; report to the Prime Minister on performance of the Working Group.

2. Issue decisions to invite leaders of several 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 as provided in clause 6 of Article 1 in the Decision No. 1242/QD-TTg .

3. Approve and lead the implementation of the Working Group’s working plans.

4. Direct, push for and monitor the Working Group’s implementation of its assigned tasks; assign tasks to the Standing Deputy Head and members of the Working Group.

5. Convene and preside at the Working Group's meetings, and take charge of preparing issues, questions or topics to be discussed in a Working Group’s meeting beforehand.

6. Empower the Standing Deputy Head to lead and administer the Working Group’s activities, and deal with tasks on his behalf where necessary.

7. Seek the Prime Minister’s approval decisions on addition and substitution of the Working Group’s members where necessary.

Article 5. Duties and authority of the Working Group's Standing Deputy Head

1. Perform and take accountability for the tasks assigned by the Working Group’s Head.

2. Assist the Working Group’s Head in leading and administering the Working Group’s activities.

3. Proactively solve problems under his assigned duties; report to the Working Group’s Head to seek his decisions or instructions on important issues or those beyond his power.

4. Sign on behalf of the Working Group’s Head on documents and conclusions when he is assigned or authorized by the Working Group’s Head.

5. Perform other tasks assigned or authorized by the Working Group’s Head.

Article 6. Duties and authority of the Working Group's Deputy Heads

1. Take accountability to the Head and the Standing Deputy Head for implementation of the assigned duties.

2. Assist the Head and the Standing Deputy Head in leading and administering activities of the Working Group and the Assistant Team according to the plan and tasks assigned or authorized by the Head and the Standing Deputy Head.

3. Proactively solve problems under their assigned duties; report to the Working Group’s Standing Deputy Head to seek his decisions or the Head’s instructions concerning important issues or those beyond their powers.

4. Perform other duties when being assigned to do so.

Article 7. Duties and authority of the Working Group members

1. Perform duties assigned by the leadership of the Working Group; study and contribute expert opinions during the process of carrying out activities of the Working Group and take responsibility for implementation of their assigned duties falling within the state management scope of ministries, central and local authorities. 

2. Fully participate in the Working Group’s meetings under the provisions of Article 9 herein.

3. Act as liaisons between the Working Group and ministries or quasi-ministries that appoint them to the Working Group.

4. Recommend any other activities to be carried out by the Working Group where necessary.

Article 8. Duties of the Working Group’s Assistant Team

1. The Assistant Team helps prepare documents and materials required for activities falling within the area of responsibility assumed by the Working Group; develop working plans and schedules and prepare topics or issues to be discussed in meeting sessions and other activities on the Working Group’s part as assigned by the Working Group's leadership.  

2. The Assistant Team’s Members shall carry out duties and authority stated in Article 4 of the Decision No. 1242/QD-TTg and shall be responsible for assisting the Working Group’s members who are representatives of the leadership of their host ministries and authorities in fulfilling assigned tasks.

3. The Assistant Team and members of the Assistant Team shall perform other duties when being assigned to do so by the Working Group.

4. The Assistant Team leader shall assist the Working Group’s leadership in management and governance of the Assistant Team’s activities.

Chapter III

MEETING, COMMUNICATING AND REPORTING REGIMES OF THE WORKING GROUP

Article 9. Meeting regime

1. The Working Group shall convene a meeting to consider issuing decisions on issues falling under its duties and authority; assess its performance and solve any issue that it faces when performing its activities.

Depending on the characteristics and purposes of a meeting, the Working Group’s Head can decide to invite its relevant members and representatives of other entities and persons to its meeting.

In case where no meeting is called, the Working Group members shall give their written opinions about issues falling under their duties and authority.

The Working Group members shall be obliged to attend all of the Working Group's meetings and prepare a review report on completion of assignment on each member’s part to be presented in the meeting.   In case of absence, any absent member shall be responsible for notifying the Head or the Standing Deputy Head and sending a person authorized to act on his/her behalf to the meeting. 

2. The Assistant Team shall propose the detailed schedule of the Working Group’s meeting and events involved in the meeting in order to ensure that they accord with the working plan of the Working Group, and seek the Head's approval decision on this proposal; prepare issues or topics to be discussed, agenda and materials needed for the meeting.

Article 10. Communicating and reporting regime

1. On a quarterly basis or where necessary, the Working Group shall report to the Prime Minister on situations and results of implementation of its assignments.

2. The Working Group may request relevant ministries, quasi-ministries, entities and persons to report and provide information and materials concerning implementation of the assigned duties.

3. The Working Group members shall submit quarterly or on-demand reports to the Head, the Standing Deputy Head and forward them to the Assistant Team for collection purposes.  The Assistant Team shall make a comprehensive assessment report on the Working Group’s performance to the Head and the Standing Deputy Head.

4. All communication, speech delivery, media and press activities concerning discussions of the Working Group and relevant documents shall be carried out after obtaining consent from the Head or the Standing Deputy Head.

Chapter IV

CONDITIONS FOR OPERATION OF THE WORKING GROUP

Article 11. Funding for the Working Group’s activities

Funding for activities of the Working Group shall be subject to regulations laid down in Article 5 of the Decision No. 1242/QD-TTg .

Article 12. Implementation

1. Members of the Working Group, the Assistant Team and relevant agencies and units shall, under their duties and authority, assume responsibility for implementation of these Rules and Regulations.

2. The Standing Deputy Head shall help the Head push for and watch over the implementation of these Rules and Regulations.

3. In the course of implementation hereof, if there is any difficulty or issue that arises, members of the Working Group and the Assistant Team shall report to the Working Group’s Head to consider any appropriate modification of these Rules and Regulations./.