DECREE

OF THE GOVERNMENT NO.92/2005/ND-CP DATED JULY 12, 2005 DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE ORDINANCE ON HANOI CAPITAL

THE GOVERMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the Law on Organization of the People’s Council and People’s Committee dated November 26, 2003;

Pursuant to the Ordinance on Hanoi Capital dated Deccember 28, 2000;

At the proposal of President of People’s Committee of Hanoi city at the Statement No.53/TTr-UB dated September 17, 2004, the Official Dispatches No.4218/UB-NC dated November 12, 2004, No.11/BC-UB dated March 09, 2005,

DECREES:

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GENERAL PROVISIONS

Article 1. Scope of governing

This Decree details the implementation of some Articles of the Ordinance of Hanoi capital on mechanisms, policies, assignment of responsibilities and decentralization of state management in the fields of economy, education, science and technology, culture - society, urban management, construction investment and capital development.

Article 2. The strategy of economic - social development of capital

1. The construction and development of capital shall comply with the strategy, planning of economic - social development of capital.

Based on the Resolution of the People's Council, People's Committee of Hanoi city compiles strategy, planning of economic - social development of capital, submits to the government for approval.

2. The strategy of economic - social development of capital must meet the following requirements:

a) Specifying fully the goals of building and development of capital stipulated in the Capital Ordinance and this Decree;

b) Defining clearly the responsibilities of the People's Committees of Hanoi city, the People's Committees of provinces and centrally-run cities, the ministries, branches involved in implementing economic - economic development strategies of the Capital.

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Article 3. Policy of building, development of capital

1. Capital is the key area focused particular ​​investment of financial resources, budget, human resources, science - technology and other resources to ensure the effective implementation of goals of building, development defined in Article 3 of the Hanoi Capital Ordinance.

2. Construction and Capital development is implemented in sync, wholly according to planning, programs, and plans, which identify clearly focal points in regions, branches, sectors meeting requirements of construction, development of the capital in each period.

3. The works, projects of the fields that the State has policies of encouragement shall be applied to the highest preferential level as prescribed by law.

On the basis of laws, ordinances and other documents of superior State agencies, the People's Council and People's Committee of Hanoi city promulgate mechanisms and specific policies to accelerate economic - social development and encourage the implementation of socialization of the fields in the area.

4. Where necessary, the People's Committee of Hanoi city is entitled to hire foreign qualified experts to carry out the construction of planning of the Capital development.

Article 4. Assignment, decentralization of implementation of responsibilities in investment, construction, development of capital

1. The Government directs, assigns the State management agencies at central and local authorities in the whole country to mobilize resources for construction and development of Capital.

2. Prime Minister directs the building and development of Capital. President of Hanoi city People's Committee directly operates the building and development of Capital.

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Within 30 days from the date of receipt of written request or recommendations of the People's Committee of Hanoi city, the concerned ministries and branches are responsible for replying in writing on the matters under their jurisdiction of handling. Beyond such time limit that the ministries, branches do not respond, people's Committee of Hanoi city has the right to decide and be responsible for the legality of its decision before the law and the Government, the Prime Minister.

Chapter 2:

DEVELOPMENT OF ECONOMY, EDUCATION AND TRAINING, SCIENCE AND TECHNOLOGY, CULTURE – SOCIETY

ITEM 1: ECONOMIC DEVELOPMENT

Article 5. Development of services

1. The ministries and central branches shall be responsible for coordinating with the People's Council, People's Committee of Hanoi city to develop mechanisms, policies, and specific solutions to develop the high quality services. State Bank and Ministry of Finance within the scope of their authorities define on the policies and financial and monetary measures in order to build Hanoi into the financial and monetary center of the region and the whole country.

2. In addition to the general preference of the State, the People's Committee of Hanoi city submits to the competent State agencies to decide the policy of investment incentives, preferential mechanism for high-level service sector in the domains of trade, finance, banking, tourism, technology transfer, personnel training, public transportation, the new services.

3. The service sectors prioritized the allocation of capital, manpower, equipment, and material facilities to develop in order to fully exploit the potential and advantages for economic - social development of Capital and strategy of economic - social development of the whole region.

Article 6. Development of Industrial branches

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Ministry of Industry and Ministry of Finance within their scope of authorities define on the policies and specific measures to build Hanoi to become the center of mechanics - automation of the whole country.

2. On the basis of planning, the industrial branch plan which has been approved by the Prime Minister, the People's Council, and People’s Committee of Hanoi city may:

a) Request the Prime Minister to require the Ministry of Industry to implement the planning, the plan which has been approved. For the contents of the planning, the plan related to land, the Ministry of Industry does not implement for a period of 12 months or progress of implementation is slower than 24 months from the date the planning, the plan which has been approved, the People's Committees of Hanoi city reports and suggests the Prime Minister to assign the People's Committee of Hanoi City to implement in accordance with the planning, the plan which has been approved;

b) Relocate industrial network of the Capital in a reasonable manner; exploit land fund efficiently, consistent with industry planning;

c) Decide on the measures to raise capital to develop high-tech industries, creating new products of economic efficiency with high competitiveness;

d) Submit to the competent State agencies to decide on the reduction of land rental, incentive loan support to encourage enterprises of all economic sectors to develop production and promote export of goods to be of the fields of information technology, electronics, biology, mechanic, automation, production and use of new materials, processing of agricultural, forestry, fisheries and other items of capital which have competitive advantages;

e) Decide on the mechanisms and policies to promote innovation, arrangement, and development of the state-owned enterprises; establish industrial enterprises in rural areas.

Article 7. Agricultural development and suburban economy

1. Ministry of Agriculture and Rural Development compiles development planning, long-term plan, 05- year and annual plans under the direction of industrialization and modernization of rural areas, promoting export; the important works of the sector, which determine clearly the planning and plans relating to the Capital, taking the opinions of the People's Committee of Hanoi city, submitting to the Prime Minister for consideration and approval; organizes and directs the implementation upon approved.

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a) Request the Prime Minister to require the Ministry of Agriculture and Rural Development, Ministry of Industry and Ministry of Trade to implement the planning, plans which have been approved;

b) Decide on the measures to implement the contents of planning and plans related to Capital which have been approved by Prime Minister;

c) Formulate policies to attract capital for suburban economic development and agriculture of capital in the direction of ecological agriculture; and give priority for clean agricultural products development; increase proportion of industry and services in economic structure of rural areas; gradually reduce agricultural labor; and increase the efficient use of agricultural land;

d) Submit to the competent State agencies for deciding on incentive policies for the domestic and foreign organizations and individuals to perform investment in manufacturing, processing and exporting fresh food; and expand cooperation, linking to create consuming market for agricultural products;

đ) Promulgate the regulations to preserve, restore, consolidate and develop traditional craft villages selectively; upgrade the new lines of high quality, attract local laborers.

Item 2: DEVELOPMENT OF EDUCATION AND TRAINING

Article 8. Development of education of university and higher

1. Ministry of Education and Training and ministries, branches managing the schools in the area of Capital are responsible for:

a) Formulating development planning, long-term plan, 05- year and annual plans, the important works of the sector, which determine clearly the planning and plans related to the Capital, consulting the People's Committees of Hanoi city, submitting to the Prime Minister for consideration and approval; organizing and directing the implementation of upon approved;

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c) Investing and upgrading a number of existing universities and colleges in Hanoi to improve the quality of training and material facilities according to regional and international standards;

d) Presiding over and coordinating with the People's Committee of Hanoi city to issue the Regulation on management of students of the universities, colleges; investing, resolving accommodation for students of universities and colleges in the area.

2. The People's Committee of Hanoi city presides over and coordinates with the Ministry of Education and Training in the construction of students villages having the material facilities in sync and modernly, to create the educational - cultural environment for the universities and colleges in the area.

Article 9. Development of educational system of high schools and vocational training schools of the Capital

1. People's Council, People's Committee of Hanoi city is responsible for:

a) Deciding on measures to focus and mobilize investment capital for building, renovating, upgrading in sync, modernly material facilities of intermediate schools, vocational schools, kindergartens, nursery and other educational facilities managed by the City People's Committee;

b) Deciding on the mechanism, policies and specific measures to encourage organizations and individuals to invest in developing education and training in the area; jointing and cooperating with other domestic and foreign organizations and individuals to expand the facilities and types of education and training to improve service quality of requirements of social - economic development of the City and surrounding provinces; subsidy policy for teachers, supporting education in difficult areas, poorly developed areas;

c) Deciding on relocating the professional high schools, vocational training institutions directly under the municipal People's Committee to the semi-public form;

d) Actively coordinating with the Ministry of Labour - Invalids and Social Affairs, Ministry of Education and Training in the study of the proposal of mechanisms and specific policies for the Capital to develop the education system of high school, vocational training in the area.

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a) Developing plans and funding to upgrade and develop the vocational training system in the Capital area managed by its branch to train skilled technical workers for economic development of the Capital and labor export;

b) Coordinating with the People's Committee of Hanoi city in the implementation of projects to improve the quality of training, vocational teaching of the City.

ITEM 3: DEVELOPMENT OF SCIENCE AND TECHNOLOGY

Article 10. Development of science and technology

1. Responsibilities of the Ministry of Science and Technology and ministries, branches:

a) Ministry of Science and Technology compiles development planning, long-term plan, 05- year and annual plans, the important works of the sector, which determine clearly the planning and plans related to the Capital, consulting the People's Committees of Hanoi city, submitting to the Prime Minister for consideration and approval; organizing and directing the implementation of upon approved;

b) The Ministry of Science and Technology, the Ministry of Finance may decide within its competence on the policies and specific measures to build Hanoi to become a research Centre, applications of technology and information, biotechnology of the whole country;

c) The Ministry of Science and Technology presides over and coordinates with the Ministry of Planning and Investment, the Ministry of Finance and concerned ministries, branches to balance the branch’s plans with requirements of the City to invest in building a number of research institutions, laboratories obtaining regional and international standards in the area of Capital;

d) Ministry of Science and Technology and other ministries, branches are responsible for building regulations of supporting the City in the construction of networks of scientific and technological research, use of research facilities and laboratories under their management competence in the area for requirements of building and development of the Capital.

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a) Making planning, plans of developing science and technology of the Capital in the direction of prioritizing high-tech development in the fields of information - electronics and biology-mechanics - automation, manufacturing and application of new materials;

b) Deciding on measures to encourage domestic and foreign organizations and individuals to invest in the construction of the research facilities, development and application of science and technology in the area; issuing the regulations on the use, hiring of experts in the construction activities and Capital development;

c) Making, managing and using Funds to develop science and technology.

Article 11. Creating of the technology market

1. Ministry of Science and Technology is responsible for:

a) Presiding over and coordinating with concerned ministries and branches, the People's Committee of Hanoi city to research, build the Regulations of organizing and strengthenning the operation of centers of information, brokerage, technology transfer, the support center of industrial property;

b) Promoting the application of methods of advanced quality management in the companies of manufacturing and services contributing to create the environment of high quality in the area of Capital.

2. People's Committee of Hanoi city issues the Regulation on management, construction, and development of technology market in the area to serve the goal of economic - social development of the Capital.

Item 4: CULTURAL - SOCIAL DEVELOPMENT

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1. Ministry of Culture - Information is responsible for:

a) Formulating development planning, long-term plan, 05- year and annual plans, the important works of the sector, which determine clearly the planning and plans related to the Capital, consulting the People's Committees of Hanoi city, submitting to the Prime Minister for consideration and approval; organizing and directing the implementation of upon approved;

b) Investing in construction, renovation and management of cultural works of special importance of the nation in the area of Capital; agreeing with the People's Committee of Hanoi city before the promulgation of the Regulations on management, exploration and use of these works; making the list of cultural works of national character in the area under its management competence and transferring other cultural works which the ministry is managing to the City in 2007;

c) Coordinating with the People's Committee of Hanoi to submit to the Prime Minister for deciding on support measures for the projects of the People's Committee of Hanoi city in the preservation and renovation of monuments of history, culture, famous landscape, old and ancient streets and building the typical cultural works of the Capital and the whole country.

2. People's Committee of Hanoi city is responsible for developing and implementing the project of conservation, development of traditional culture of the Capital; issuing the Regulations on standards of culture, lifestyle and culture in communication, responding, operation of state management agencies and Capital people's living.

Article 13. Strengthening and improving health system

1. Responsibilities of the Ministry of Health and other ministries, branches:

a) Ministry of Health formulates development planning, long-term plan, 05- year and annual plans, the important works of the sector, which determine clearly the planning and plans related to the Capital, consulting the People's Committees of Hanoi city, submitting to the Prime Minister for consideration and approval; organizing and directing the implementation of upon approved;

b) Ministry of Health, Ministry of Finance within their jurisdiction defines:

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- Investment of funds for upgrading hospitals, existing pharmaceutical manufacturing facilities managed by the Ministry in the Capital area to become the modern pharmaceutical, medical centers of high quality;

- Planning and construction of a number of large hospitals with high quality in the suburbs of Hanoi city and the surrounding provinces, in some key economic areas in order to reduce overcrowding in the urban hospitals.

2. People's Committee of Hanoi city is responsible for funding to upgrade and develop systems of disease examination and treatment, pharmaceutical system of the City, health stations of wards, communes and towns in accordance with the planning of health network development in the area of Capital and the Health Ministry's regulations on the conditions, branch standards and meeting the demand of increasing and diversity of the people of the Capital; planning to upgrade, develop the urban and rural district medical center to become the general hospitals.

3. People's Committee of Hanoi city is allowed to mobilize manpower and material resources of the health facilities managed by the central government locating in the area to participate in overcoming the consequences caused by natural disasters and epidemics; take the solutions to prevent and reverse disease.

Article 14. Development of fitness, sports

1. Sports, fitness Committee is responsible for:

a) Investing in construction of modern sports complexes, sports centers and national sports, fitness facilities obtaining regional and international standards;

b) Coordinating with the People's Committee of Hanoi city in the implementation of the tasks prescribed in clause 1 of this Article.

2. People's Committee of Hanoi city is responsible for:

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b) Concentrating on setting up a number of high-performing sports, fitness subjects representing activities of fitness, sports of the Capital and the whole country;

c) Submitting to the competent state agencies for issuing the regulations of incentives to encourage organizations and individuals to set up the sports, fitness facilities in the area.

Chapter 3.

MANAGEMENT AND CONSTRUCTION AND URBAN DEVELOPMENT OF THE CAPITAL

ITEM 1: MANAGEMENT OF PLANNING AND URBAN CONSTRUCTION

Article 15. Management of architecture, construction planning

People's Council, People's Committee of Hanoi city is responsible for:

1. Deciding on making and approval of detailed planning of new urban areas, administrative - economic, administrative - political areas, commercial centers, finance, foreign affairs, culture, sports, the populated rural areas; based on the Capital area planning of construction of Hanoi’s architecture in the direction of modern, conservation and preservation of typical architecture of Hanoi, ensuring the synchrony in accordance with historic, political, cultural, population nature and development conditions of the Capital which has been approved by the Prime Minister.

2. Promulgating Regulations on management of architecture and construction planning in each region in accordance with specific characteristics of the Capital.

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Article 16. Measures to implement management and housing construction

1. People's Council, People's Committee of Hanoi city is responsible for:

a) Deciding on the construction investment areas aiming to trade houses; the areas where the business or property, residential uses are conditional;

b) Deciding on measures to encourage organizations and individuals to invest, construct, and develop housing;

c) Deciding on incentive regime in the sale, housing rental for policy subjects, officials, public servants and low-income people in the area;

d) Implementing measures to create, organize, manage market of property business;

đ) Promulgating regulations on management of housing quality standards, technical regulations, housing construction unit prices in accordance with the conditions of the Capital; after obtaining the written consent of the Minister of Construction;

e) Stipulating the minimum surface area in each region of the inner city and urban areas to be allowed to build high-rise, permanent housing;

f) Synthesizing and classifying to treat under the law regulations before implementing the issuance of certificate of housing ownership right for the cases of buying and selling houses with legal origin or recognized by law of the people who are without permanent residence in Hanoi.

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ITEM 2: MANAGEMENT OF LAND, RESIDENTS, ENVIRONMENT

Article 17. Land management

1. People's Committee of Hanoi city is responsible for:

a) Deciding on the number of land fund development organizations, offices of land use right registration in the area; promulgating the Regulation on organization and operation of these organizations;

b) Deciding on the necessary measures to accelerate the progress of issuing land use right certificates in accordance with actuality and the local management situation, completing the issuance of certificates of land use rights and housing ownership rights for the organizations and individuals in the area of the City;

c) Based on the land price bracket stipulated by the Government, deciding on and announcing prices of types of land in the area in accordance with the objectives of urban development planning and the actual situation of the real estate market in the Capital;

d) Implementing the compilation of records of cadastre - real estate; building information systems of land management;

đ) Deciding on land recovery at the former location of the enterprises in the cases required to relocate under planning of the municipal People's Committee;

e) Presiding over, coordinate with the Ministry of Finance to count estate assets owned by the state managed by administrative agencies, the enterprises of central and local levels in the area for handling or submitting to the competent authority to deal with cases of using the wrong purposes, excess to promote efficiency of state property;

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2. The ministries and central branches are responsible for performing and directing the establishments under their management in the area of Hanoi to strictly implement the provisions of the municipal People's Committee related to land.

Article 18. Management of residents in the area

People's Council, People's Committee of Hanoi city is responsible for:

1. Managing the migration into the Capital according to the planning approved by the Prime Minister; regulating residents consistent with size, density and structure of the master plan in accordance with the requirements of building and development of Capital.

2. Deciding on measures to strengthen population management to ensure quality and reasonable population size in the districts, new urban areas, and areas with high population density.

3. Promulgating provisions and organizing to closely manage the work force in the area, especially freelance labors, seasonal labors, and encouraging organizations and individuals to set up the centers guiding and introducing jobs.

4. Coordinating with the government of the provinces to implement the measures to limit the spontaneous migration, seasonal labor, the beggars, and the people of mental-ill in the Capital.

5. Promulgating and implementing the regime of supporting and encouraging people to voluntarily move from inner cities to the suburbs and for residents from Hanoi to other provinces.

6. Submitting to the competent state agencies to promulgate regulations for labor recruitment incentives in place to train in accordance with the requirements of professional skill, services, creating favorable conditions for highly qualified people, and qualified experts to live and work in Hanoi.

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1. Ministry of Natural Resources and Environment presides over and coordinates with the People's Committee of Hanoi city and concerned People's Committee of provinces to build and implement environmental protection plan for the basins of Red river, Nhue river, Day river; and agrees with the People's Committee of Hanoi city the planning, investment plan, environmental observation network development and methods  of exploiting environmental information from environmental observation stations invested, built by the Ministry in the area of Hanoi city.

2. The ministries and branches are responsible for planning and implementing the relocation of production facilities, industrial zones, and hospitals causing environmental pollution managed by the ministries, branches from the inner city by 2010.

People's Committee of Hanoi city takes full responsibility for the management and protection of the Capital environment according to the Environmental Protection Law and the provisions in clause 1 of Article 15 of the Ordinance on Capital:

a) Deciding on the necessary measures as prescribed by law for environmental protection of Capital after passed by the City People’s Council;

b) Promulgating regulations to encourage organizations and individuals in the implementation of socialization of activities for environmental protection;

c) Establishing environmental protection fund with initial granted capital from the state budget and additional funds from other sources including fees for environmental protection;

d) Ensuring the land fund to carry out the relocation of production facilities, industrial zones, hospitals causing environmental pollution out of the urban area, densely populated areas.

ITEM 3: DEVELOPMENT OF INFRASTRUCTURE SYSTEMS OF URBAN TECHNOLOGY

Article 20. Planning and plan of development of technical infrastructure systems

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2. Ministry of Agriculture and Rural Development is responsible for coordinating with the People's Committee of Hanoi city in the replanning of the dike system of the city and removing some old dike lines which are no longer performance; exploiting effectively land funds of both sides of the Red River in accordance with the law regulations.

3. People's Council, People's Committee of Hanoi city is responsible for:

a) Coordinating with the Ministry of Transport, Ministry of Natural Resources and Environment, Ministry of Construction to plan investment in construction and unified management of urban transport system; underground works systems including technical tunnel, water supply, drainage; and waste treatment and environmental sanitation of Capital;

b) Constructing the roads of both sides in syne with the road construction to ensure streets to be civilized with modern architecture, landscape;

c) Developing the project of overall planning, manageming, using land fund of the area outside the Red River dike including fan-palm scheme of Red River, flood exist corridor planning, planning residential areas along the river banks of the City area and reporting to the Government for consideration to submit to the National Assembly for decision.

Article 21. Management of systems of urban technical infrastructure

1. People's Committee of Hanoi City submits to the People's Council of the City for deciding the rates of charges collection under the provisions of law relating to the use of the urban technical infrastructure under the authority of management of the City.

2. People's Committee of Hanoi city presides over and coordinates with the Ministry of Transport, Ministry of Post and Telecommunications, Ministry of Agriculture and Rural Development, Ministry of Industry and other concerned ministries and branches are responsible for issuing the Regulation to coordinate investment in the exploitation and use of urban technical infrastructure in the area of Capital invested in construction by the Ministries.

Chapter 4:

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Article 22. Auction of land use rights

1. City People's Committee is allowed to mobilize and use revenue from the auction of land use rights to invest in social - economic infrastructure development of the City as provided by law.

2. Based on the capital demand for development investment according to the city planning and available land fund, the People's Committee of Hanoi city advances the budget for infrastructure construction projects of land auctioned land use right. The advanced amount will be refunded after completion of the auction.

Article 23. Advance of unemployed fund and the provisions of collection rate of charges and fees

After agreeing with the Ministry of Finance, the People's Committee of Hanoi city may:

1. Advance the central budget capital and other sources (not required to pay charge) to accelerate construction progress of works, projects invested by the city budget capital and other goals and tasks of City. The City must balance its budget to pay debt when due.

2. Submit to the City People’s Council for deciding collection rates of charges, fees, contributions, regulations and standards and norms for expenditure in accordance with the law regulations consistent with the typical characteristics of the Capital and the ability to balance the City budget.

Article 24. Decentralization of investment management

President of the People's Committee of Hanoi city has the rights:

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2. To approve the projects of foreign direct investment (FDI) with total investment capital up to USD 40 million excluding the areas otherwise specified by the Government, the investment projects funded by non-returnable official development assistance (ODA) with total investment up to USD 2 million and the ODA projects with total investment capital up to USD 10 million if the city may balance their source of repayment.

3. To authorize the President of the People's Committees of districts, heads of departments and boards, branches of the City to decide on investment in group-C projects and implement investment in the projects funded domestic capital under the approval authority of the president of City People's Committee.

Chapter 5:

IMPLEMENTATION PROVISIONS

Article 25. Responsibility for the implementation of Decree

1. The ministers, heads of ministerial-level agencies, Governmental agencies and the presidents of the People's Council, People's Committee of Hanoi city, presidents of the People's Councils, of the People's Committees of provinces and centrally-run cities are responsible for the implementation of this Decree.

2. The ministries and branches in the scope of their duties, powers are responsible for coordinating with the People's Council and People's Committee of Hanoi city to implement this Decree.

Article 26. Effect

1. This Decree takes effect 15 days after its publication in Official Gazette.

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Phan Van Khai 

(Signed)