General introduction

The Department of Planning and Investment of Binh Phuoc province was established and put into operation in January 1997 under Decision No. 56/QD-UB dated January 6, 1997 of the People's Committee of Binh Phuoc province.
I. General introduction:
Agency name: Department of Planning and Investment of Binh Phuoc province
Address: No. 626, National Highway 14, Tan Phu ward, Dong Xoai town, Binh Phuoc province
Phone number: 0271.3879253
Fax number: 0271.3888895
Email:  skhdt_bpc@vnn.vn
Website:  www.skhdtbinhphuoc.gov.vn

Functions and duties of the Department

 

LOCATION AND FUNCTION
Article 1. Position and function
1. The Department of Planning and Investment of Binh Phuoc province (hereinafter referred to as the Department) is a specialized agency under the Provincial People's Committee; subject to the direction and management of the Provincial People's Committee in terms of organization, staffing and work; and at the same time subject to the direction, guidance, inspection and examination of the Ministry of Planning and Investment in terms of expertise and profession.
The Department has legal status, its own seal and account, is budgeted for operations and is allowed to open an account at the State Treasury in accordance with the law.
2. The Department performs the function of advising and assisting the Provincial People's Committee in state management of planning, planning and development investment, including: planning; socio-economic development plan; public investment plan; mechanisms and policies in economic fields, attracting investment resources, restructuring the economy, implementing new economic models, new business methods, coordinating regional and inter-regional development; domestic investment, foreign investment in the locality; managing official development assistance (ODA), preferential loans from donors and non-refundable aid sources not belonging to official development assistance from foreign agencies, organizations and individuals; bidding; business registration within the locality; synthesizing and unifying the management of issues related to enterprises, collective economy, cooperatives, private economy, households and other economic organizations; Organize the provision of public services within the scope of state management of the Department according to the provisions of law.
Chapter II
DUTIES AND POWERS
Article 2.  Duties and powers
The Department performs tasks and powers according to the provisions of law on the fields of planning, planning and investment and the following specific tasks and powers:
1. Submit to the Provincial People's Committee:
a) Draft plan for implementing the provincial planning; the 5-year and annual socio-economic development plan of the province, the expected 5-year and annual plan for allocating public investment capital from the central budget and local budget; coordinate in developing investment promotion plans, annual investment promotion programs, and lists of local investment attraction projects; the main socio-economic balances of the province, including the balance of public investment capital; programs and plans for implementing the province's sustainable development and green growth goals; plans and implementation status of national target programs; programs and measures for organizing the implementation of state administrative reform tasks and improving the investment and business environment in the assigned state management areas;
b) Draft action programs to implement the socio-economic development plan according to the Resolution of the Provincial People's Council and be responsible for monitoring and synthesizing the implementation of monthly, quarterly, 6-month, annual and 5-year plans to report to the Provincial People's Committee to direct and coordinate the implementation of the province's main socio-economic balances;
c) Draft programs and plans for the arrangement and innovation of State-owned enterprises and enterprises with State capital contributed by localities; management mechanisms for State-owned enterprises and enterprises with State capital contributed by localities; draft programs, plans and projects to support the development of small and medium-sized enterprises, private enterprises (including innovation and creative start-up programs), development of cooperatives and business households annually and every 5 years in the province; draft plans to improve the investment and business environment index and enhance provincial competitiveness;
d) Draft decisions on programs and measures to organize the implementation of administrative reform tasks in the field of planning and investment under the management of the Department according to the provisions of law and decentralization of the Ministry of Planning and Investment;
d) Draft decision on establishment, reorganization, and dissolution of public service units of the Department according to the provisions of law (if any);
e) Draft documents approving investment policies, approving adjustments to investment policies, approving investors, approving investment policies and simultaneously approving investors as assigned by the Provincial People's Committee for projects under the authority of approving investment policies and investors of the Provincial People's Committee according to regulations of law on investment; draft list of investment projects using land; draft preliminary requirements on capacity and experience; plan for organizing the selection of investors based on the results of preliminary assessment of capacity and experience for investment projects using land;
g) Draft decision on decentralization and delegation of state management tasks in the field of planning and investment to Departments, branches, and People's Committees of districts, towns, and cities.
2. Submit to the Chairman of the Provincial People's Committee:
a) Draft decision stipulating the functions, tasks, powers and organizational structure of public service units (if any) under the Department according to the provisions of law;
b) Draft decisions, directives and other documents under the authority of the Chairman of the Provincial People's Committee to issue on the state management field of the Department.
3. Assist the Chairman of the Provincial People's Committee in directing, guiding, inspecting, informing, propagating, disseminating and educating laws on the field of planning and investment; organizing the implementation of legal documents, policies, planning, plans, programs, projects, and proposals within the scope of state management of the Department after being issued or approved by competent authorities.
4. About planning and plans:
a) Advise and assist the Provincial People's Committee in promulgating and organizing the implementation of legal documents on provincial planning; plans, policies, solutions, resource allocation and assessment of provincial planning implementation; organize consultation and publicize provincial planning; provide relevant data within the scope of local management to update the information system and national database on planning; review and propose policies to adjust provincial planning; report on planning activities in the province annually; manage and operate a number of areas of plan implementation assigned by the Provincial People's Committee;
b) Building, evaluating, managing, storing, publishing, providing, exploiting and using information and databases on planning;
c) Preside over and coordinate with Departments, branches, sectors, People's Committees of districts, towns and cities to propose contents to be integrated into provincial planning; supervise the implementation process of planning and plans approved by competent authorities.
5. Regarding development investment, investment in the form of public-private partnership
a) Preside over and coordinate with relevant agencies to develop plans and estimate the allocation of public investment capital for each task, program, and project using public investment capital managed by the province;
b) Preside over and coordinate with relevant agencies to develop, organize, monitor and supervise the implementation of policies and legal regulations on public investment, laws on investment under the public-private partnership method, and compliance with public investment plans;
c) Preside over and coordinate with the Department of Finance and relevant agencies to monitor and evaluate the effectiveness of public investment capital use of investment programs and projects in the area;
d) Preside over and coordinate with agencies to synthesize, evaluate and report on the implementation of investment projects under the public-private partnership method within the scope of local management;
d) Act as the focal point for applying and implementing the National Information System and Database on Public Investment in State management activities on public investment at the local level;
e) Act as the permanent member of the grassroots appraisal council for investment projects under the public-private partnership model; act as the focal point for receiving and appraising investment projects under the public-private partnership model within the scope of local management in cases assigned by the Provincial People's Committee and perform tasks according to the provisions of law on investment under the public-private partnership model;
g) Act as the focal point for posting information on investment projects under the public-private partnership model; appraise pre-qualification invitation documents, pre-qualification results, bidding documents, request documents, negotiation invitation documents, list of investors meeting technical requirements, and investor selection results in case these contents are approved by the Provincial People's Committee;
h) Take the lead in advising on handling situations in selecting investors for investment projects under the public-private partnership model; take the lead in organizing inspections, supervision, and monitoring of the implementation of legal provisions on investment under the public-private partnership model for projects in the province; participate in the Advisory Council to resolve local-level petitions in accordance with legal provisions on investment under the public-private partnership model.
6. On domestic and foreign investment management
a) Grant, adjust and revoke Investment Registration Certificates for investment projects outside industrial parks, export processing zones, high-tech parks, economic zones and other cases as prescribed by law on investment;
b) Act as the focal point for receiving dossiers requesting approval, adjusting investment policies, approving investors according to the provisions of the law on investment; act as the focal point for performing tasks of investment supervision and evaluation of the province; guide the implementation of investment supervision and evaluation for all levels, affiliated units, and projects that the Provincial People's Committee has delegated or authorized to lower levels for investment decisions;
c) Manage domestic and foreign investment activities in the province according to the provisions of law; Resolve according to authority or submit to competent authorities to resolve difficulties and problems of investors in the locality; act as a focal point to assist the Provincial People's Committee in state management of investment promotion work; guide investment procedures according to authority;
d) Collect, store and manage information on investment registration; standardize data and update data on investment registration in the national investment database; guide economic organizations implementing investment projects to use the National Investment Information System; report to the Ministry of Planning and Investment and the Provincial People's Committee on the status of receiving, granting, adjusting and revoking Investment Registration Certificates, and the performance of investment projects under their management; organize, monitor and evaluate the implementation of the investment reporting regime locally.
7. On the management of ODA capital, preferential loans from foreign donors and non-refundable aid sources not belonging to official development assistance from foreign agencies, organizations and individuals
a) Act as the focal point to assist the Provincial People's Committee in coordinating with the Ministry of Planning and Investment, ministries, branches and relevant agencies to develop strategies, orientations, plans to mobilize, attract, coordinate and manage ODA capital, preferential loans from sponsors and non-refundable aid sources not included in official development assistance of foreign agencies, organizations and individuals; guide departments, branches and sectors to develop a list and content of programs using ODA capital, preferential loans from sponsors and non-refundable aid sources not included in official development assistance of foreign agencies, organizations and individuals; synthesize a list of programs and projects using ODA capital, preferential loans from sponsors and non-refundable aid sources not included in official development assistance of foreign agencies, organizations and individuals to submit to the Provincial People's Committee for approval and report to the Ministry of Planning and Investment;
b) Monitor and evaluate the implementation of programs and projects using ODA capital, preferential loans from sponsors and non-refundable aid sources not included in official development assistance from foreign agencies, organizations and individuals; handle according to authority or recommend the Chairman of the Provincial People's Committee to handle problems in the arrangement of counterpart funds, disbursement of ODA projects, preferential loans from sponsors and non-refundable aid sources not included in official development assistance from foreign agencies, organizations and individuals related to many Departments, branches, sectors, district and commune levels; periodically synthesize reports on the situation and effectiveness of attracting and using ODA capital, preferential loans from sponsors and non-refundable aid sources not included in official development assistance from foreign agencies, organizations and individuals;
c) Preside over the appraisal of non-refundable aid, not part of official development assistance, from foreign agencies, organizations and individuals under the approval authority of the Chairman of the Provincial People's Committee.
8. About bidding management
a) For contractor selection activities: Appraisal of contractor selection plans for projects decided for investment by the Chairman of the Provincial People's Committee; appraisal of interest invitation documents, pre-qualification invitation documents, bidding documents, request documents, list of contractors meeting technical requirements for two-envelope bidding, results of evaluation of interest invitation documents, results of evaluation of pre-qualification application documents, results of contractor selection for bid packages of projects in which the Provincial People's Committee is the investor;
b) For the selection of investors to implement investment projects using land: Post the list of investment projects using land; make a preliminary assessment of the capacity and experience of investors submitting project registration dossiers; appraise the investor selection plan, bidding documents, request documents, list of investors meeting technical requirements, and results of investor selection in case these contents are approved by the Provincial People's Committee;
c) Take the lead in advising on handling situations in bidding for bidding packages and projects under the authority of the Provincial People's Committee; take the lead in organizing inspections, supervision and monitoring of the implementation of legal provisions on bidding for projects and estimates in the province; take the lead in summarizing, evaluating and synthesizing reports on the implementation of bidding work in the province; establish a local-level Advisory Council to resolve petitions, the authorized representative of the Department is the Chairman of the Advisory Council and perform other tasks on bidding assigned by the Provincial People's Committee.
9. About business, business registration
a) Organize the reception of business registration dossiers; grant or refuse to grant business registration; guide businesses and business founders on dossiers, procedures and order of business registration; provide free consultation and guidance to business households to register to convert into enterprises;
b) Provide guidance, training and coaching to district-level business registration agencies on documents, procedures and processes for registering cooperatives and business households; inspect and supervise district-level business registration agencies in performing their duties and powers regarding registration of cooperatives and business households;
c) Coordinate the construction, management and operation of the National Business Registration Information System within the locality; collect, store, review and manage information on business registration; standardize data and update local business registration data into the national database on business registration;
d) Focal point for monitoring and synthesizing the business situation; directly or requesting competent state agencies to inspect and supervise businesses according to the content in the business registration dossier; handling violations of business registration; coordinating with Departments and branches to inspect, monitor, supervise, synthesize the situation and handle according to their authority violations after registration of establishment of local businesses;
d) Provide information on business registration stored in the national database on business registration within the scope of local management to organizations and individuals in accordance with the provisions of law and regulations on anti-money laundering and anti-terrorism financing;
e) Focal point for monitoring and synthesizing the situation of arrangement, innovation, and development of state-owned enterprises, enterprises with state capital contributions, and the development situation of enterprises in other economic sectors; presiding over and coordinating with relevant departments, branches, and sectors to advise the Provincial People's Committee on the establishment, rearrangement, and conversion of ownership of state-owned enterprises; focal point for developing content, projects, programs, and plans to support small and medium-sized enterprises in the area; focal point for organizing, monitoring, and synthesizing the situation of implementation of activities to support small and medium-sized enterprises in the area.
10. On collective economy and private economy
a) Preside over the synthesis, proposal and implementation of strategies, programs, plans and projects for the development of collective economy, cooperatives, business households and private economy; develop and organize the implementation of support and incentive mechanisms and policies for collective economy and cooperatives; guide, monitor, synthesize and evaluate the implementation of programs, plans, mechanisms and policies for the development of collective economy, cooperatives, business households and private economy and the activities of collective economic organizations, cooperatives, business households and private economy in the province; Build, summarize and replicate effective collective economic and cooperative models, link production and product consumption; organize the registration of cooperative unions and people's credit funds according to authority;
b) Preside over and coordinate with relevant agencies to resolve problems regarding mechanisms and policies for the development of collective economy, cooperatives, business households and private economy of an inter-sectoral nature;
c) Coordinate with domestic and international organizations and individuals to research, summarize experiences, develop support programs and projects, attract capital and resources to serve the development of collective economy, cooperatives, business households, and private economy in the province;
d) Periodically prepare reports according to the instructions of the Ministry of Planning and Investment and send them to the Provincial People's Committee, the Ministry of Planning and Investment and relevant Ministries and ministerial-level agencies on the development of collective economy, cooperatives, business households and private economy in the province.
11. Carry out international cooperation in the fields of planning, planning and investment according to the provisions of law and the assignment or authorization of the Provincial People's Committee.
12. Provide professional and technical guidance on the fields of planning, planning and investment within the management scope of the planning and investment sector to the Finance - Planning Department under the People's Committees of districts, towns and cities.
13. Organize research and application of scientific and technological advances; build information and storage systems, and carry out digital transformation to serve state management and professional expertise in assigned fields.
14. Inspect, examine, and resolve complaints and denunciations according to the provisions of law; handle within the authority or recommend competent authorities to handle violations of the law in the fields under the state management of the Department; prevent and combat corruption, practice thrift and combat waste; advise and assist the Provincial People's Committee in rewarding agencies, organizations, and individuals with achievements in the activities of the sector according to the provisions of law.
15. Specify the functions, tasks, powers and working relationships of the office, professional and technical departments under the Department (if any), in accordance with the functions, tasks and powers of the Department under the guidance of the Ministry of Planning and Investment and according to the regulations of the Provincial People's Committee.
16. Manage the organizational structure, civil servant payroll, civil servant rank structure, job positions, staff structure according to professional titles and the number of employees in public service units (if any); implement salary regimes and policies, treatment regimes, training, fostering, rewards, and disciplines for cadres, civil servants, public employees and workers under the management scope of the Department according to the provisions of law and according to the assignment or authorization of the Provincial People's Committee.
17. Manage and be responsible for assigned finances and assets according to the provisions of law and as assigned by the Provincial People's Committee.
18. Carry out information work, periodically and suddenly report on the implementation of tasks in assigned fields of work to the Provincial People's Committee and the Ministry of Planning and Investment.
19. Perform other tasks as prescribed by law or assigned or decentralized by the Ministry of Planning and Investment, the Provincial People's Committee, or the Chairman of the Provincial People's Committee as prescribed by law.
20. Carry out legal work tasks according to Decree No. 55/2011/ND-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers and organizational structure of legal organizations and Circular No. 01/2015/TT-BTP dated January 15, 2015 of the Minister of Justice guiding the professional performance of functions, tasks and powers of legal organizations.
Chapter III
ORGANIZATIONAL STRUCTURE, STAFFING AND WORKING REGIME
Article 3.  On organizational structure
1. Department leaders
a) The Department is managed by a Director and Deputy Directors assist the Director.
b) The specific arrangement of the number of Deputy Directors of the Department is decided by the Provincial People's Committee, ensuring that it does not exceed the total number of deputies of heads of specialized agencies under the Provincial People's Committee according to the provisions of law.
2. Specialized and professional departments under the Department
a) Department Office;
b) Department Inspector;
c) General and Planning Department;
d) Business Registration Office;
d) Investment Appraisal and Supervision Department;
The Department Office has a Chief of Office and a Deputy Chief of Office; the Department Inspectorate has a Chief Inspector and a Deputy Chief Inspector; the divisions have a Head of Department and a Deputy Head of Department. The arrangement of department-level leadership positions is based on the following criteria: 08 or more civil servant positions are assigned 01 head and no more than 02 deputies; from 05 to less than 08 civil servant positions are assigned 01 head and 01 deputy; no division is established with less than 05 civil servant positions.
3. The appointment, reappointment, dismissal, removal, transfer, rotation, commendation, discipline, resignation, retirement and implementation of other regimes and policies for the Director, Deputy Director of the Department; Chief of Office of the Department, Deputy Chief of Office of the Department; Chief Inspector, Deputy Chief Inspector of the Department; Head of Department, Deputy Head of Department and other positions shall comply with the regulations of the Party and the State on personnel work and decentralization of authority to manage cadres and civil servants in State administrative agencies in the province as promulgated by the Provincial People's Committee.
Article 4.  Public employee payroll and number of employees
1. The civil servant payroll and the number of employees who are civil servants (public employee payroll) of the Department are assigned based on job positions associated with functions, tasks, scope of activities and are within the total civil servant payroll and public employee payroll in agencies, administrative organizations, and public service units of the province assigned by the Provincial People's Committee.
2. Based on the functions, tasks, organizational structure and list of job positions, structure of civil servant ranks, professional titles of public employees approved by competent authorities; annually, the Department shall preside over and coordinate with the Department of Home Affairs to develop a plan for civil servant and public employee payroll and submit it to the Provincial People's Committee for consideration and decision in accordance with the provisions of law.
Article 5. Working regime
1. The Department operates under the Head regime. The Director of the Department decides on all matters within the scope, functions, duties and powers of the Department and is the head of the Department, responsible to the Provincial People's Committee, the Chairman of the Provincial People's Committee and before the law for all activities of the Department; responsible for reporting on work to the Provincial People's Committee, the Chairman of the Provincial People's Committee and the Ministry of Planning and Investment; reporting to the Provincial People's Council, responding to voters' recommendations, questions from Provincial People's Council delegates on matters within the scope of the sector and management field; coordinating with other Department Directors, heads of socio-political organizations, and relevant agencies in performing the tasks of the Department.
2. The Deputy Director of the Department is the person who assists the Director of the Department in charge of certain aspects of work, is responsible to the Director of the Department and before the law for assigned tasks. When the Director of the Department is absent, one (01) Deputy Director of the Department is authorized by the Director of the Department to replace the Director of the Department in managing the activities of the Department.
3. The Head of Department and equivalent are responsible to the Director of the Department, directly responsible to the Deputy Director of the Department in charge of managing the assigned work of the department. The Deputy Head of Department and equivalent assist the Head of Department, are assigned by the Head of Department to be in charge of a number of tasks and are authorized to manage the work of the department when the Head of Department is absent.
Chapter IV
WORKING RELATIONSHIP
Article 6.  Working relationship
1. For the Ministry of Planning and Investment
The Director of the Department is responsible for reporting the professional work situation of the industry in the locality to the Ministry of Planning and Investment periodically and upon request.
2. For the Provincial People's Council
The Department is responsible for providing documents, information, and reports to serve the supervision activities of the Provincial People's Council; answering questions and recommendations of Provincial People's Council Delegates on issues within the scope of management of the industry.
3. For the Provincial People's Committee
The Director of the Department must strictly comply with the Working Regulations of the Provincial People's Committee; carry out information work, periodically and suddenly report to the Provincial People's Committee, the Chairman of the Provincial People's Committee on the implementation of assigned tasks. Before implementing the policies of the Central Ministries and branches related to the work program and general plan of the province, the Director of the Department must seek direction from the Provincial People's Committee, the Chairman of the Provincial People's Committee.
4. For departments, branches and sectors
The Department has a close coordination relationship with departments, branches and sectors within the scope of assigned functions and tasks, and has the right to request departments, branches and sectors to report on the situation and issues related to the fields under the Department's management in writing or directly discuss to implement assigned tasks under the direction of the Provincial People's Committee and the Chairman of the Provincial People's Committee.
5. For People's Committees of districts, towns and cities
The Department strengthens its relationship with the People's Committees of districts, towns and cities in performing tasks in the fields under its management, jointly resolving issues arising in the process of performing tasks in the spirit of cooperation and mutual respect. In case of disagreement, the parties shall seek guidance from the Provincial People's Committee and the Chairman of the Provincial People's Committee.
6. For the Finance - Planning Department of the People's Committees of districts, towns and cities
The Department is responsible for guiding, inspecting, and examining the professional and technical aspects of the Finance - Planning Department under the People's Committees of districts, towns, and cities. It has the right to request the Finance - Planning Department under the People's Committees of districts, towns, and cities to periodically and suddenly report on the implementation of assigned tasks according to regulations.
Chapter V
TERMS OF IMPLEMENTATION
Article 7. Implementation
1. Based on current legal documents and this Regulation, the Director of the Department is responsible for promulgating the Department's Working Regulations and directing and inspecting the implementation of such Regulations.

2. The Director of the Department is responsible for organizing the implementation of this Regulation to all civil servants, public employees and employees of the Department. The amendment and supplementation of this Regulation shall be chaired by the Director of the Department, in coordination with the Director of the Department of Home Affairs, and submitted to the Provincial People's Committee for consideration and decision./.

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