Nghị quyết 45/2022/QH15 về thí điểm một số cơ chế, chính sách đặc thù phát triển thành phố Cần Thơ do Quốc hội ban hành

RESOLUTION

PILOT IMPLEMENTATION OF CERTAIN SPECIAL POLICIES FOR DEVELOPMENT OF CAN THO CITY

NATIONAL ASSEMBLY

Pursuant to Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on Organization of the National Assembly No. 57/2014/QH13 amended by the Law No. 65/2020/QH14;

Pursuant to the Law on Promulgation of Legislative Documents No. 80/2015/QH13 amended by the Law No. 63/2020/QH14;

HEREBY RESOLVES:

Article 1. Scope

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Article 2. Regulated entities

1. Regulatory bodies; political organizations; socio-political organizations.

2. Socio-political-professional organizations; social organizations; socio-professional organizations.

3. Other organizations and individuals concerned.

Article 3. Management of state finance and state budget

1. The City may borrow money by issuing municipal bonds or taking loans from domestic financial institutions and other domestic organizations orGovernment's external loans for on-lending in such a way that total outstanding loan amount shall not exceed 60% of revenues retained by the City’s budget. Annual total loan amount and City budget deficit shall be decided by National Assembly in accordance with provisions of the Law on State Budget.

2. The City shall annually receive a supplementary target-specific funding from the central budget that does not exceed 70% of the increase in central budget revenues due to revenues distributed between the central budget and the City’s budget in comparison with the Prime Minister’s mandated budget (the portion of revenue that remains after the portion of revenue is given as an target-specific bonus as specified in the Law on State Budget No. 83/2015/QH13 amended by the Law No. 59/2020/QH14), and of revenues wholly owned by the central budget as referred to in Point b, c, d, g, h, i and q clause 1 Article 35 of the Law on State Budget No. 83/2015/QH13 amended by the Law No. 59/2020/QH14 that increase in comparison with the Prime Minister’s mandated budget. However, the supplementary target-specific funding shall not exceed the increase in central budget revenues within the City in comparison with the previous year’s revenues and the central budget is not in deficit. The supplementary target-specific funding shall be calculated based on total revenue rather than separate revenues.

3. Implementation of fee and charge policies shall be piloted within the City as follows:

a) The People's Council of the City shall decide to apply fees and charges not prescribed in the List of fees and charges promulgated together with the Law on Fees and Charges; adjust amount of fee and charge or rate of fee and charge approved by competent authorities with regard to fees and charges prescribed in the List of fees and charges issued together with the Law on Fees and Charges, except for Court fees and charges;

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c) The pilot implementation of the fee and charge policy in the City prescribed in point a of this Article must comply with the following principles: ensure there is a roadmap suitable for the level and development requirement of the City; create favorable environment for production and business, especially for small and medium-sized enterprises and business lines eligible for investment incentives; avoid any act of misconduct affecting security, social order and safety; ensure the consistency in the market without obstruction of the circulation of goods and services; logically regulate goods, services and legal sources of income of organizations and individuals in the City; publicly and explicitly implement administrative reforms.

Article 4. Land management

1. The People's Council of the City shall decide to repurpose arable land covering an area of less than 500 hectares or more for growing wet rice during at least 02 crops under authorization of the Prime Minister in conformity with the land use planning or plan decided by competent authorities.

Upon authorization, it is required to clearly define responsibilities of authorizing persons and authorized authority, ensure publicness, transparency and effectiveness, and avoid any act of misconduct, loss and wastefulness.

2. Upon repurposing arable land meant for growing rice as specified in clause 1 of this Article, it is required to make it publicly available, collect comments from the people and entities affected by the land repurposing and adhere to the rules and conditions for land repurposing prescribed by regulations of law on land and other relevant regulations of law.

3. The Prime Minister shall prescribe procedures for repurposing of land meant for growing rice within the jurisdiction of the People's Council of the City under authorization of the Prime Minister as prescribed in clause 1 of this Article.

Article 5. Planning management

According to the dedicated area construction planning project and urban planning project approved by the Prime Minister, the Prime Minister shall decide to authorize the People's Committee of the City to approve local adjustments to the general dedicated area construction planning and to the general urban planning according to the procedures prescribed by the Prime Minister and submit a report thereon to the Prime Minister.

Article 6. Income of cadres, public officials and public employees under the City's management

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The funding for salary reform for increasing income specified in this Article shall be used only when the City is able to balance its budget itself.

Article 7. Dredging associated with product recovery in Dinh An - Can Tho fairway

1. A project on dredging associated with product recovery in Dinh An - Can Tho fairway involving private sector which satisfy the following conditions: adhering to navigational channel rules applicable to ships of 10,000 gross tonnage or more entering and leaving the City’s ports and having a capital of 500 billion dong or more shall be entitled to the following investment incentives:

a) The enterprise executing the project on dredging associated with product recovery in Dinh An - Can Tho fairway shall be eligible for 10% corporate income tax for a period of 15 years and exempt from corporate income tax for a period of 04 years and 50% reduction in corporate income tax payable in the next 09 years.

Starting time of entitlement to incentives, conditions for enjoyment of tax incentives and income eligible for incentives specified in this point shall comply with regulations of law on corporate income tax;

b) Land rent exemption shall be granted for a period of 15 years and 50% reduction in land rent shall be offered for the remaining period with respect to the area of land leased for the purpose of dumping of dredged materials of the project.

2. The execution of projects on dredging associated with product recovery in Dinh An - Can Tho fairway shall comply with regulations of law on environmental protection, land and other relevant regulations of law.

Article 8. Hub center for production, processing and consumption of agricultural products in the Mekong Delta in Can Tho

1. The hub center for production, processing and consumption of agricultural products in the Mekong Delta in Can Tho (hereinafter referred to as “the Center”) is an area with a defined geographical boundary established by the Prime Minister in conformity with relevant planning in order to attract investment in the fields of research, technology application, production, processing, service provision, and export of agricultural and fishery products.

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2. An enterprise executing an investment project at the Center will be given priority to complete customs procedures in accordance with regulations of law on customs and tax procedures in accordance with regulations of law on tax regarding imports and exports of the Center if the following conditions are fully met:

a) Comply with regulations of law on customs and tax for 02 consecutive years;

b) Follow e-customs and e-tax procedures; execute an information technology program for management of export and import activities of the enterprise connected to customs authorities;

c) Make payments via bank;

d) Have an internal control system;

dd) Strictly comply with regulations of law on accounting and auditing.

3. The investment project executed at the Center shall be entitled to the following incentives:

a) The enterprise executing the investment project at the Center shall be eligible for 10% corporate income tax for a period of 15 years and exempt from corporate income tax for a period of 04 years and 50% reduction in corporate income tax payable in the next 09 years.

Starting time of entitlement to incentives, conditions for enjoyment of tax incentives and income eligible for incentives specified in this point shall comply with regulations of law on corporate income tax.

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Article 9. Implementation

1. The Government shall, within its jurisdiction, organize the implementation of this Resolution; submit a report on 03-year implementation of this Resolution to the National Assembly at the meeting by the end of 2024 and a report on full implementation of this Resolution by the end of 2026.

2. The National Assembly’s Standing Committee, Ethnic Minorities Council, National Assembly’s Committees and National Assembly deputy delegation of Can Tho City and National Assembly deputies shall, within their jurisdiction, supervise the implementation of this Resolution.

Article 10. Implementation clause

1. This Resolution comes into force from March 01, 2022 and will be implemented within 05 years.

2. The projects specified in clause 1 Article 7 of this Resolution is entitled to enter a contract for project execution during the effective period of this Resolution, enjoy the investment incentives specified in Article 7 of this Resolution until the expiry of their duration; enterprises executing these projects shall adhere to the contract as prescribed by law and shall not transfer the projects. Where a project on dredging associated with product recovery in Dinh An - Can Tho fairway has been entitled to the investment incentives specified in Article 7 of this Resolution, however, during its execution, it fails to satisfy the conditions or no longer receives capital from the private sector specified in clause 1 Article 7 of this Resolution, it will no longer be entitled to the investment incentives specified in Article 7 of this Resolution.

If the investment projects specified in Article 8 of this Resolution have obtained the approval for their investment guidelines or investment registration certificate during the effective period of this Resolution, they are entitled to the investment incentives specified in clause 3 Article 8 of this Resolution.

3. With regard to a single matter, if regulations herein are contrary to those in laws or resolutions of the National Assembly, regulations herein shall prevail. If any legislative documents promulgated after the effective date of this Resolution prescribe policies which are more favorable than those in this Resolution, the application of these documents shall be decided by the People's Council of the City.

This Resolution was ratified by 15th National Assembly of the Socialist Republic of Vietnam in the 1st extraordinary session on January 11, 2022.

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CHAIRMAN OF THE NATIONAL ASSEMBLY Vuong Dinh Hue