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The Government
Pursuant to the Law on the Organization of the Government dated 25
December 2001;
Pursuant to the Law on Investment dated 29 November 2005;
Pursuant to the Law on Enterprises dated 29 November 2005;
Pursuant to the Commercial Law dated 14 June 2005;
Having considered the proposal of the Minister of Planning and
Investment,
Decrees:
CHAPTER I
General Provisions
Article 1 Governing scope and applicability
1. These Regulations stipulate the organization, operation, policies
and State administration of industrial zones, export processing
zones, economic zones and bordergate economic zones.
2. These Regulations shall apply to State administrative bodies, and
to organizations and individuals involved in or related to
investment, production and business activities in industrial zones,
export processing zones, economic zones and bordergate economic
zones.
Article 2 Interpretation of terms
In these Regulations, the following terms shall be construed as
follows:
1. Industrial zones means zones specializing in production of
industrial goods and provision of services for industrial
production, having fixed geographical boundaries, and being
established pursuant to the conditions, order and procedures
stipulated in these Regulations.
2. Export processing zones means industrial zones specializing in
production of export goods and provision of services for production
of export goods and export activities, having fixed geographical
boundaries, and being established pursuant to the conditions, order
and procedures applicable to industrial zones stipulated in these
Regulations.
Industrial zones and export processing zones are all referred to as
industrial zones, unless otherwise specified.
3. Economic zones means zones having a separate economic space with
an investment and business environment which is specially favourable
for investors, and fixed geographical boundaries, and being
established pursuant to the conditions, order and procedures
stipulated in these Regulations.
Economic zones are organized into functional areas including:
non-tariff areas, bonded warehouse areas, export processing zones,
industrial zones, entertainment areas, resorts, urban areas,
residential areas, administrative areas and other functional areas
consistent with the characteristics of each economic zone.
4. Bordergate economic zones means economic zones which are formed
in onshore bordergate areas with an international bordergate or main
bordergate and which are established pursuant to the conditions,
order and procedures stipulated in these Regulations.
Economic zones and bordergate economic zones are all referred to as
economic zones, unless otherwise specified.
5. Area of industrial land means the area of land of an industrial
zone in which infrastructure has been built for investors to lease
or sub-lease for implementation of investment projects for
production or business in the industrial zone.
6. Export processing enterprises means enterprises which are
established and operate in an export processing zone or enterprises
which export all of their products and operate in an industrial zone
or economic zone.
7. Master plan for development of industrial zones and economic
zones throughout the country means the plan which is formulated and
approved in accordance with the law on formulation, approval and
management of master planning for socio-economic development and the
provisions of this Decree.
Article 3 Application of specialized laws and international treaties
1. Where special investment activities in industrial zones or
economic zones are stipulated in a specialized law, the provisions
of such specialized law shall apply.
2. If international treaties relating to investment of which Vietnam
is a member contain provisions which are different from those in
this Decree, then the provisions of such international treaties
shall apply.
CHAPTER II
Order and Procedures for Establishment of Industrial Zones and
Economic Zones
Article 4 Master plan for development of industrial zones or
economic zones
1. The Ministry of Planning and Investment shall, based on the
strategy and master plan for socioeconomic development and based on
the master plan for land use throughout the country and of provinces
and cities under central authority, preside over co-ordination with
relevant ministries, branches and People’s Committees of provinces
and cities under central authority (hereinafter referred to as
provincial People’s Committees) to formulate a master plan for
development of industrial zones or economic zones and submit it to
the Prime Minister for his approval.
2. The approved master plan for development of industrial zones or
economic zones shall be used as the basis for consideration of the
establishment of any industrial zone or economic zone; and for
formulation of master planning or plans for investment in
development of technical and social infrastructure systems servicing
the development of an industrial zone or economic zone.
Article 5 Conditions for establishment or expansion of industrial
zones
1. Conditions for establishment of an industrial zone:
(a) Being consistent with the approved master plan for development
of industrial zones;
(b) At lease 60% of the total aggregate area of industrial land of
industrial zones which have been established in the locality of a
province or city under central authority has been leased or
subleased to projects for which investment registration has been
made or which have been issued with an investment certificate.
2. Conditions for expansion of an industrial zone:
(a) Being consistent with the approved master plan for development
of industrial zones;
(b) At lease 60% of the total area of industrial land of such
industrial zone has been leased or subleased to projects for which
investment registration has been made or which have been issued with
an investment certificate;
(c) A concentrated waste water treatment facility has been
constructed and brought into use in the industrial zone.
3. With respect to industrial zones which have an area of five
hundred (500) hectares or more and in which numerous investors
participate in investment in construction and commercial operation
of infrastructure in separate areas or industrial zones attached to
another urban area or concentrated business area in an overall plan,
a master plan must be formulated in accordance with guidelines
provided by the Ministry of Construction before formulation of a
detailed master plan.
4. The opinions in writing of the Ministry of Construction and
relevant branches about a detailed master plan for construction of
an industrial zone shall be required before the provincial People’s
Committee approves such plan in the following cases: Industrial
zones which have an area of five hundred (500) hectares or more or
are situated in a position next to a national highway or near areas
for national defence or preservation of historical relics, famous
landscapes or national or regional ecological preservation areas or
which are located in Category I, II or special urban areas.
Article 6 Conditions for adding an industrial zone to the master
plan for development of industrial zones
1. At lease sixty per cent (60%) of the total aggregate area of
industrial land of industrial zones which have already been
established in the locality of the province or city under central
authority has been leased or sub-leased to projects for which
investment registration has been made or which have been issued with
an investment certificate.
2. Being consistent with the master plan for socio-economic
development; the master plan for land use of each locality, the
master plan for construction of areas and urban areas; the master
plan for technical infrastructure; and the master plan for use of
minerals and other natural resources.
3. Having favourable conditions or capacity for construction of
technical and social infrastructure systems, synchronous
implementation and close combination of the master plan for
development of industrial zones and the master plan for development
of urban areas, and allocation of population, residential housing
and social facilities servicing workers working in industrial zones.
4. All of the following conditions for development of industrial
zones must be satisfied:
(a) Having a reserve land fund for development and conditions for
uniting [separate industrial zones] into a complex of industrial
zones;
(b) Having the ability to attract investment capital from foreign
and domestic investors;
(c) Having the ability to supply and satisfy needs for labour.
5. Ensuring consistency with any arrangements for national defence
and requirements of national defence and security.
Article 7 Conditions for establishment or expansion of economic
zones
1. Conditions for establishment of an economic zone:
(a) Being consistent with the approved master plan for development
of economic zones;
(b) Being situated in a geographical position favourable for
regional economic development (having a deep water seaport or being
near an airport) or for connection with a national or international
important traffic route; being easy to control and convenient for
domestic or overseas exchange; having favourable conditions and
resources for investment and development of technical
infrastructure;
(c) Having an area of ten thousand (10,000) hectares or more and
satisfying requirements for general development of the economic
zone;
(d) Having the ability to attract large-scale or important
investment projects and project works and affecting the
socio-economic development of the whole region;
(dd) Having the ability to mobilize local potentiality and affecting
development of surrounding areas;
(e) Not causing any negative impact on natural preservation zones;
or any adverse effect on or damage to tangible cultural relics,
famous landscapes, or groups of buildings with a historical,
aesthetic or scientific value; being consistent with arrangements
for national defence and ensuring national defence and security; and
facilitating satisfaction of requirements relating to the
environment, ecology and sustainable development.
2. Conditions for establishment of a bordergate economic zone:
(a) Being consistent with the approved master plan for development
of economic zones;
(b) Having an international bordergate or main bordergate as
stipulated in Decree 32-2005-ND-CP of the Government dated 14 March
2005 issuing Regulations on Onshore Bordergates; including adjacent
administrative units without separation in terms of space;
(c) Connecting favourably with national important traffic routes;
exchanging favourably with neighbouring countries through an onshore
bordergate of a foreign country; having favourable conditions and
resources for investment in technical infrastructure;
(d) Satisfying requirements for general development of the
bordergate economic zone including commercial activities, import and
export, temporary import for re-export, transportation of goods in
transit, industrial production, tourism and services; having
conditions for mobilizing potentiality in the locality and
surrounding areas; and having the ability to develop trade and to
attract investment;
(dd) Attaching economic development to maintenance of security,
politics, social order and safety, and protection of national
sovereignty in border areas;
(e) Not causing any negative impact on natural preservation zones;
or any adverse effect on or damage to tangible cultural relics,
famous landscapes or groups of buildings with a historical,
aesthetic or scientific value; and facilitating satisfaction of
requirements relating to the environment, ecology and sustainable
development.
3. Conditions for expansion of an economic zone:
(a) Investment in all infrastructure systems of the economic zone
has been completed in accordance with the master plan for
construction of the economic zone;
(b) At least seventy per cent (70%) of the areas of land of
functional areas in the economic zone has been allocated or leased
to organizations and individuals for implementation of projects.
4. The economic zone shall be organized into functional areas in
accordance with article 2.3 of this Decree. The scale, area and
position of each functional area shall be determined in the master
plan for construction of the economic zone as approved by the Prime
Minister.
Article 8 Procedures for establishment or expansion of an industrial
zone
1. The procedures for issuance of an investment certificate in
respect of investment projects for construction and commercial
operation of infrastructure in an industrial zone shall be carried
out in accordance with the law on investment.
Where the industrial zone or the expansion of an industrial zone is
included in the approved master plan for development of industrial
zones or in the approved master plan for construction of economic
zones, the investment certificate-issuing body shall carry out the
investment procedures for an investment project for construction and
commercial operation of infrastructure without submitting it to the
Prime Minister for his approval or guidance or for his permission
for establishment of an industrial zone.
Where the industrial zone or the expansion of an industrial zone is
not included in the approved master plan for development of
industrial zones, the provincial People’s Committee shall carry out
procedures for adding [the industrial zone] or the expansion of the
industrial zone to the master plan for development of industrial
zones in accordance with articles 6 and 12 of this Decree.
2. Decision on establishment or expansion of an industrial zone:
(a) A file for establishment or expansion of an industrial zone
shall be prepared in accordance with article 10 of this Decree.
(b) A decision on establishment or expansion of the industrial zone
shall be subject to article 15.2 of this Decree.
Article 9 Procedures for establishment or expansion of economic
zones
1. Where the establishment or expansion of an economic zone is
included in the approved master planning for development of economic
zones, the Ministry of Planning and Investment shall carry out the
procedures for evaluation of the establishment or the expansion of
an economic zone in accordance with article 13 of this Decree.
Where the establishment or expansion of an economic zone is not
included in the approved master planning for development of economic
zones, the procedures for adding [the economic zone] or the
expansion of the economic zone to the master planning for
development of economic zones must be carried out in accordance with
the laws on formulation, approval and management of master planning
for socio-economic development.
2. Decision on establishment or expansion of an economic zone:
(a) File for establishment or expansion of an economic zone shall be
prepared in accordance with article 11 of this Decree;
(b) A decision on establishment or expansion of an economic zone
shall be subject to article 15.1 of this Decree.
Article 10 File for establishment or expansion of an industrial zone
[shall comprise:]
1. Application for establishment or expansion of an industrial zone
prepared by the investor.
2. Decision of the provincial People’s Committee approving the
detailed plan for construction of the industrial zone.
3. Investment certificate issued to the investor for implementation
of an investment project for development of infrastructure in the
industrial zone.
4. The file shall be made in four (4) copies, including one original
copy to be submitted to the management committee for industrial
zones, export processing zones and economic zones (hereinafter
referred to as the management committee, unless otherwise specified)
or the Department of Planning and Investment (in the case of
localities in which a management committee has not been yet
established).
5. The management committee or the Department of Planning and
Investment (in the case of localities in which a management
committee has not been yet established) shall make a submission on
the establishment or expansion of the industrial zone to the
provincial People’s Committee, within a period of five (5) working
days from the date of receipt of the valid file. Then within a
period of ten (10) working days from the date of receipt of the
valid file, the provincial People’s Committee shall make a decision
on establishment or expansion of the industrial zone in accordance
with article 15.2 of this Decree.
Article 11 Application file for establishment and expansion of an
economic zone
1. A project on establishment and expansion of an economic zone
shall comprise the following particulars:
(a) Necessity and legal bases for the construction of the economic
zone;
(b) Evaluation of the geographical, natural, resources,
socio-economic factors and conditions, and of the advantages and
restrictions in the area where the economic zone is proposed to be
constructed;
(c) Evaluation and explanation of the capability to satisfy all the
conditions stated in article 7 of this Decree;
(d) Proposed developmental direction consisting of the development
objectives, nature and functions of the economic zone; developmental
direction of industries and sectors; developmental direction of
functional zones; and orientation of the land use zoning within the
economic zone;
(dd) Proposed total amount of investment capital, methods of raising
capital for investment in the infrastructure system in the economic
zone; the timing of establishment of the economic zone; and the plan
and schedule for investment in construction and development of the
economic zone;
(e) Environmental impact evaluation;
(g) Recommendations on solutions for and the organization of
implementation;
(h) Proposal on the planning of the economic zone to be displayed on
the map of land use zoning.
2. A submission from the provincial People’s Committee requesting
the establishment and expansion of the economic zone shall be sent
to the Prime Minister.
3. The application file shall be made into ten (10) sets, of which
at least two (2) sets are original ones and one original set shall
be submitted to the Prime Minister and nine (9) sets shall be
submitted to the Ministry of Planning and Investment for evaluation
in accordance with article 13 of this Decree.
Article 12 Application file for addition of an industrial zone to
the master plan for development of industrial zones
1. A proposal on the master plan for development of industrial zones
in the territories of the provinces and cities under central
authority shall comprise the following particulars:
(a) Necessity and legal bases of the addition of the industrial zone
to the master plan;
(b) Evaluation of the implementation and proposed socio-economic and
industrial developmental direction in the territories of the
provinces and cities under central authority;
(c) Evaluation of the status of the construction and development of
the industrial zones which have been established and zoned in the
territories of the provinces and cities under central authority;
(d) Name, location, area of land, status and specific developmental
conditions of each industrial zone proposed to be included in the
master plan;
(dd) Evaluation and explanation of the capability to satisfy all the
conditions stated in article 6 of this Decree;
(e) Ability to raise capital from any sources for investment in
construction and development of the industrial zone;
(g) Proposal on the planning of the industrial zone to be displayed
on the map of land use zoning.
2. A submission of the provincial People’s Committee requesting the
addition of the industrial zone to the master plan for development
of industrial zones shall be sent to the Prime Minister.
3. The application file shall be made into ten (10) sets, of which
at least two (2) sets are original ones and one original set shall
be submitted to the Prime Minister and nine (9) sets shall be
submitted to the Ministry of Planning and Investment for evaluation
in accordance with article 13 of this Decree.
Article 13 Evaluation of the addition [of an industrial zone or an
economic zone] to the master plan for development of industrial
zones and establishment of economic zones
1. The following contents shall be evaluated:
(a) The legal bases and necessity of the addition [of the industrial
zone or economic zone] to the master plan for development of
industrial zones or establishment of economic zones;
(b) The consistency of the addition [of the industrial zone or
economic zone] to the master plan for development of industrial
zones or establishment of economic zones with the master plan for
socio-economic development, the master plan for use of local land,
the master plan for regional and urban construction, the master plan
for technical infrastructure and the master plan for use of minerals
and other natural resources;
(c) The objectives and targets of the addition [of the industrial
zone or economic zone] to the master plan for development of
industrial zones or establishment of economic zones and arrangement
of human resources;
(d) The ability to satisfy the respective conditions on the addition
of the industrial zone or economic zone to the master plan for
development of industrial zones or establishment of economic zones;
(dd) The solutions for implementation and the feasibility of the
addition of the industrial zone or economic zone to the master plan
for development of industrial zones or establishment of economic
zones.
2. Order and procedures for evaluation :
(a) The Ministry of Planning and Investment shall obtain opinions
from the relevant ministries and branches within five (5) working
days from the date of receipt of an application file for addition
of the industrial zone or economic zone to the master plan for
development of industrial zones or establishment of economic zones.
In case where the application file fails to satisfy the regulations
stated in articles 10 or 11 of this Decree, the Ministry of Planning
and Investment shall send to the provincial People's Committee a
written request on addition to or amendment of the application file.
The period for addition to or amendment of the application shall not
be included in the evaluation time-limit period.
(b) Ministries and branches shall send their opinions to the
Ministry of Planning and Investment within ten (10) working days in
the case of an industrial zone and twenty (20) working days in the
case of an economic zone from the date of receipt of a valid
application file.
In necessary cases, the Ministry of Planning and Investment,
together with the ministries and branches concerned and the
provincial People's Committee, shall hold a meeting in order to
clarify related issues.
(c) The Ministry of Planning and Investment shall compile and submit
[the valid application file] to the Prime Minister for consideration
and decision, within thirty (30) working days in the case of an
industrial zone and forty five (45) working days in the case of an
economic zone from the date of receipt of the valid application file
by the Ministry.
Article 14 Initial expansion and adjustment of the area of an
industrial zone
1. In a case of initial expansion of an industrial zone of which the
expanded area is ten (10) per cent or less of the area in the
approved master plan and does not exceed thirty (30) hectares and
does not affect any other master plans, on the basis of the opinions
of the related ministries and branches, the provincial People’s
Committee shall make a decision on expansion of such industrial zone
without submitting the proposal on addition of the industrial zone
to the master plan for development of industrial zones to the Prime
Minister for approval.
2. In a case where the difference between the actual area of the
industrial zone, after the industrial zone is measured, and the area
in the approved master plan is ten (10) per cent and does not exceed
twenty (20) hectares, the provincial People’s Committee shall make a
decision on adjustment of the area in the master plan in order to
make it consistent with the actual area without submitting same to
the Prime Minister.
3. Other cases of expansion and adjustment of the area of an
industrial zone shall be required to be submitted to the Prime
Minister for consideration and decision.
Article 15 Authority to establish or expand an industrial zone or an
economic zone
1. The Prime Minister shall decide the establishment or expansion of
an economic zone in compliance with the approved master plan for
development of economic zones.
2. The chairman of the provincial People’s Committee shall decide
the establishment or expansion of an industrial zone available in
the master plan for development of industrial zones or in the
approved general master plan for construction of economic zones.
CHAPTER III
Policies Applicable to Industrial Zones, Export Processing Zones
and Economic Zones
Article 16 Investment incentives applicable to industrial zones and
economic zones
1. Industrial zones are preferential investment areas and entitled
to the incentive policies as applied to the areas included in the
list of areas with difficult socio-economic conditions. Any
industrial zone which is established in an area included in the list
of areas with specially difficult socio-economic conditions shall be
entitled to the incentive policies applied to the areas included in
the list of areas with specially difficult socio-economic
conditions.
2. Investors with investment projects in industrial zones, including
investment projects for expansion, shall be entitled to the
following incentives:
(a) Investment projects in the industries and sectors included in
the list of specially preferential investment sectors shall be
entitled to the incentives applicable to the investment projects
which fall in industries and sectors included in the list of
specially preferential investment sectors and are implemented in
areas included in the list of areas with difficult socio-economic
conditions or in the list of areas of specially difficult
socio-economic conditions.
(b) Investment projects in industries and sectors included in the
list of preferential investment sectors and investment projects in
production [manufacture] in industrial zones shall be entitled to
the incentives applicable to the investment projects which fall in
the industries or sectors included in the list of preferential
investment sectors and are implemented in the areas included in the
list of areas with difficult socio-economic conditions or in the
list of areas with specially difficult socio-economic conditions.
(c) Investment projects not stipulated in items (a) and (b) of
clause 2 of this article shall be entitled to incentives as provided
for in clause 1 of this article.
3. Investors with investment projects in economic zones, including
investment projects for expansion, shall be entitled to the
incentive policies applicable to the areas included in the list of
areas with specially difficult socio-economic conditions and other
incentive policies in accordance with this Decree.
4. The following investment projects shall be entitled to the best
incentives in accordance with the law on corporate income tax:
(a) Projects in industries and sectors included in the list of
specially preferential investment sectors which are carried out in
the economic zones or industrial zones established in areas included
in the list of areas with specially difficult socio-economic
conditions.
(b) Investment projects for construction and operating of
infrastructure of non-tariff areas within economic zones.
(c) Investment projects in the high-tech sector in industrial zones
and economic zones.
(d) Investment projects with a large scale and important
significance for the development of industries and sectors or the
local socio-economic development in industrial zones or economic
zones upon approval of the Prime Minister.
5. Persons with taxable income, including Vietnamese and foreign
employees working in economic zones, shall be entitled to a fifty
(50) per cent reduction of income tax.
6. Any expenses for investment in construction, operation or lease
of apartments and social infrastructure facilities servicing
employees working in industrial zones and economic zones which are
reasonable shall be deductible for the purpose of calculation of
taxable income of enterprises with investment projects in economic
zones or industrial zones.
Article 17 Methods of raising capital for investment in development
of technical and social infrastructure systems in economic zones
1. Investment projects in important technical and social
infrastructure of economic zones shall be funded from the
development investment capital of the local budget and targeted
support capital of the central budget. Any conditions, principles
and types of projects funded from the central budget shall be
implemented in accordance with regulations of the Prime Minister.
2. Investment projects for construction of infrastructure on a large
scale with a critical role in the development of economic zones may
issue project bonds.
3. Technical and social infrastructure facilities, and necessary
public facilities and utilities in economic zones may use capital
from official development aid (ODA), preferential credit capital and
other technical assistance.
4. Investment capital shall be attracted in the form of Build –
Operate – Transfer (BOT) contracts, Build – Transfer (BT) contracts
or Build – Transfer – Operate (BTO) contracts or in other forms in
accordance with law.
5. Capital for investment projects for construction and operation of
infrastructure in functional areas within economic zones may be
raised by way of sub-leasing part or the whole area of available
land to investors (excluding those stipulated in clause 4(d) of
article 3 of the Law on Investment) with financial capability and
experience in attracting investment capital.
6. Capital for investment projects for development of common
technical and social infrastructure in economic zones may be funded
from the land resource fund in accordance with the law on land.
Article 18 Entry, exit, travel and residence or temporary residence
in economic zones
1. Foreigners and overseas Vietnamese working or engaged in
investment or business activities in economic zones and their family
members shall be issued with multiple-entry or exit visas for a
period appropriate to their working period in the economic zone; and
they shall be allowed to reside or temporarily reside in the
economic zone and in Vietnam.
2. With respect to bordergate economic zones, the entry, exit and
residence shall be subject to the following provisions:
(a) Citizens from districts in neighbouring countries whose borders
are opposite bordergate economic zones shall be entitled to enter
bordergate economic zones with border identity cards or border
travel documents issued by the competent authorities of the
neighbouring countries. If they wish to travel to other areas of the
province in which the bordergate economic zone is located, the
provincial police office may issue a single entry permit which shall
be valid for a specified period.
(b) Passport holders who are not visa exempt (being citizens from a
neighbouring country or from a third country) shall be exempt from
an entry visa and shall be entitled to reside temporarily in a
bordergate economic zone for a maximum of fifteen (15) days; if they
travel to other areas of Vietnam on a tour organized by Vietnamese
international travel enterprises, the competent immigration
authority shall consider the issuance of visas at the bordergate
economic zone.
(c) Cargo transport vehicles from a neighbouring country or from a
third country shall be permitted to enter bordergate economic zones
in accordance with economic contracts between foreign parties and
Vietnamese enterprises. If any such transport vehicle needs to
deliver cargo to a point outside the bordergate economic zone, then
it must comply with the current regulations.
Vehicle operators (ship's crew, vehicle drivers and assistant
drivers) shall be permitted to enter bordergate economic zones with
their passports, crew register, border identity cards or border
travel documents issued by the competent authorities of foreign
countries.
(d) It shall be permitted to expand the welcome of guests by picking
up tourists from neighbouring countries travelling on their
passports or other equivalent cards or documents from bordergate
economic zones to travel to other provinces and cities in the
country in accordance with
paragraph (b) of clause 2 of this article.
(dd) Owners of Vietnamese goods and vehicles who have a business
relationship with a foreign party in a neighbouring country shall be
permitted to accompany their goods and vehicle to the neighbouring
countries for the purpose of delivery of goods, with their identity
cards or border travel document issued by the competent Vietnamese
authority.
(e) Vietnamese citizens who work or live within districts or towns
which have a bordergate economic zone shall be permitted to travel
to neighbouring countries with border identity cards or border
travel documents in accordance with an international treaty between
Vietnam and the relevant foreign country or if so agreed by such
foreign country.
Article 19 Provisions on finance and credit for economic zones
1. Sales and purchases, payments, transfers and other transactions
between organizations and individuals conducting business in
bordergate economic zones may be conducted in Vietnamese dong,
Chinese yuan, Laos kip, Cambodian riel and freely convertible
currencies in accordance with regulations of the State Bank of
Vietnam.
2. Credit institutions may be set up and operate in economic zones
in accordance with the law on credit institutions.
3. Domestic and foreign visitors entering non-tariff areas in
bordergate economic zones may purchase imported goods and bring them
back to the country, and shall be exempt from import duty, value
added tax and special sales tax (if any) in accordance with
regulations of the Prime Minister.
4. Organizations and individuals having achievements in raising
official development assistance funds and introducing investment
projects in economic zones shall be commended and rewarded in
accordance with regulations issued by provincial People’s Committees
following approval of the Ministry of Finance.
Article 20 Stay, temporary residence in industrial zones, export
processing zones and export processing enterprises
1. No civilians shall reside in industrial zones and economic zones.
2. Only investors and those working in export processing zones and
export processing enterprises and those having business transactions
with offices, organizations and enterprises in export processing
zones and export processing enterprises may enter export processing
zones and export processing enterprises. The above-mentioned persons
may not reside in export processing zones or export processing
enterprise except when authorized by the Management Committee.
3. Where necessary, foreign experts may reside in an enterprise in
an industrial zone or export processing zone in accordance with
regulations of the provincial People’s Committee. A stay by a
foreign expert must meet the following conditions:
(a) Being required for the business or production activities of the
enterprise;
(b) There is no accompanying family or dependants;
(c) Complying with the procedures for registration and declaration
of temporary residence in accordance with current regulations on
entry, exit and residence of foreigners in Vietnam;
(d) The enterprise must arrange separate accommodation and must
undertake that the temporary residence of the foreign expert shall
ensure the security and order and not disturb the
operations of the industrial zone or export processing zone.
Article 21 Special provisions applicable to export processing zones
and export processing enterprises
1. Export processing zones and export processing enterprises may
apply the regulations on non-tariff areas in accordance with law.
The status of being an export processing enterprise shall be
stipulated in the investment certificate.
2. Export processing zones and export processing enterprises may be
separated from the outside territory by a fence, and have entry and
exit gates and doors, and they must enable inspection by customs and
relevant agencies.
3. Export processing enterprises may purchase stationery, food,
foodstuffs and consumer goods from the domestic Vietnamese territory
to serve the operations of the office apparatus and consumption by
officials and employees working in the enterprise. Export processing
enterprises may elect to carry out or not to carry out export,
import and custom procedures for such goods.
4. Customs procedures, customs inspection and supervision for
imported and exported goods of export processing zones and export
processing enterprises shall be implemented in accordance with the
law on customs.
5. Exchanges of goods between export processing zones, export
processing enterprises and other areas in the Vietnamese territory,
except for non-tariff areas, shall constitute import, export
transactions.
6. Officials and employees working in export processing zones and
export processing enterprises shall not have to declare with customs
when they bring foreign exchange from Vietnamese domestic territory
into the export processing zone and export processing enterprise,
and vice versa.
CHAPTER IV
State Administration of Industrial Zones,
Export Processing Zones and Economic Zones
Article 22 Contents of State administration of industrial zones,
export processing zones and economic zones:
1. Preparing and directing implementation of plans and policies for
developing industrial zones and economic zones.
2. Issuing, guiding, educating and organizing implementation of
policies, law and technical normative standards relating to the
formation, investment, construction, development and management of
the operation of industrial zones and economic zones; preparing and
managing the information system on industrial zones and economic
zones; and organizing promotion of investment in industrial zones
and economic zones.
3. Issuing, amending, revoking investment certificates, business
registration certificates, licences,
certificates; and organizing State administrative procedures and
relevant support services relating to investment, business and
production operations of organizations and individuals in industrial
zones and economic zones.
4. Organizing the apparatus, and providing professional training for
State administrative bodies in charge of industrial zones and
economic zones.
5. Guiding, assisting and evaluating the efficiency of investment;
examining, supervising, inspecting, dealing with complaints and
denunciations; and rewarding, dealing with breaches, and resolving
problems that arise in the formation and development of industrial
zones and economic zones.
Article 23 Powers and responsibilities of State administration with
respect to industrial zones and economic zones
1. The Government shall uniformly exercise State administration of
industrial zones and economic zones throughout the nation on the
basis of delegating specific duties and powers to each ministry,
provincial People’s Committee and Management Committee in accordance
with this Decree; and directing the preparation and implementation
of plans for development, issuing policies and legal instruments on
industrial zones and economic zones.
2. The Prime Minister shall have the following powers and
responsibilities:
(a) Directing Ministries, agencies, provincial People’s Committees
and Management Committees
in implementing laws and policies on industrial zones and economic
zones;
(b) Approving and revising the general master plan for development
of industrial zones and
economic zones;
(c) Deciding the investment policy for investment projects within
his authority;
(d) Deciding the establishment of economic zones, approving the
general master plan for construction of economic zones; authorizing
the expansion and reduction of size and area, and change of purpose
of land use already approved in industrial zones and in functional
areas in economic zones;
(dd) Directing the resolution of problems arising in the
establishment, operation and management of industrial zones and
economic zones that are beyond the authority of ministries,
agencies, provincial People’s Committees and Management Committees.
3. Ministries, agencies and provincial People’s Committees within
their functions, duties and powers shall be responsible for
exercising State administration in respect of the industries,
sectors and areas relating to industrial zones and economic zones;
and for guiding or authorizing Management Committees to carry out
certain duties of State administration under their authority in
accordance with this Decree and relevant laws.
Article 24 Powers and responsibilities of the Ministry of Planning
and Investment:
1. Leading and co-ordinating with the Ministry of Construction, the
Ministry of Natural Resources and Environment, the Ministry of
Defence, the Ministry of Industry and Trade and relevant ministries,
agencies and provincial People’s Committees in preparing the general
master plan for development of industrial zones and economic zones
for submission to the Prime Minister for approval.
2. Leading and co-ordinating with relevant ministries and agencies
in drafting legal instruments and policies on developing industrial
zones and economic zones for submission to the competent State
authority for issuance; reviewing and submitting to the Prime
Minister for cancellation provisions in approved operational
regulations of economic zones to ensure consistency with the
provisions of this Decree.
3. Leading and co-ordinating with relevant ministries and agencies
in guiding and providing relevant professional training to
Management Committees.
4. Leading and co-ordinating with the Ministry of Finance and
relevant ministries and agencies in making proposals for assistance
from the central budget for investment projects of constructing and
operating infrastructure in industrial zones in areas with difficult
and specially difficult socio-economic conditions as decided by the
Prime Minister; and proposals for support from the central budget
for investment in developing the technical infrastructure of
economic zones in accordance with this Decree.
5. Leading and co-ordinating with relevant ministries, agencies and
provincial People’s Committees and Management Committees in
preparing and implementing a national plan and programme for
promotion of investment in industrial zones and economic zones.
6. Setting up and managing a nationwide information system on
industrial zones and economic zones; issuing the form for periodic
reports and provision of information on industrial zones and
economic zones to relevant bodies of the Government.
7. Collating the assessment of the social economic results and
efficiency of industrial zones and economic zones for reporting to
the Prime Minister.
Article 25 Powers and responsibilities of State administration of
the Ministry of Interior:
1. Issuing regulations on preparing proposals for establishing,
classifying, grading and reorganizing Management Committees.
2. Providing regulations on organizational apparatus, personnel and
salaries for officials and officers of Management Committees.
3. Evaluating proposals for establishing or reorganizing Management
Committees for submission to the Prime Minister for consideration
and decision.
Article 26 Powers and responsibilities of State administration of
the Ministry of Finance:
1. Providing guidelines for the financial regimes and customs
procedures applicable in industrial zones, economic zones and export
processing enterprises.
2. Providing for the financial structures and policies for
Management Committees, and for professional income receiving
economic units being owners of investment projects in constructing
and operating infrastructure in industrial zones and special
economic organizations related to industrial zones and economic
zones in accordance with law.
3. Guiding the implementation of the provisions in clause 6 of
article 16 of this Decree.
Article 27 Powers and responsibilities of State administration of
the Ministry of Construction:
1. Issuing guidelines concerning the preparation, evaluation,
approval and revision of the general plan for construction of
economic zones, general plan for construction of industrial zones
stipulated in clause 3 of Article 5 of this Decree, and detailed
plans for construction of industrial zones and functional areas in
economic zones.
2. Issuing guidelines for Management Committees to carry out State
administration of construction of technical infrastructure and
construction works in the industrial zones, economic zones and the
urban management and development in economic zones.
Article 28 Powers and responsibilities of State administration of
the Ministry of Industry and Trade:
1. Exercising State administration of industries, import/export
activities and trading activities in industrial zones and economic
zones; directing the development of industries in industrial zones
and economic zones according to approved strategies and plans for
development of industries in areas and territories.
2. Authorizing Management Committees to issue certificates of origin
of goods manufactured in industrial zones and economic zones;
issuing, re-issuing, amending, adding and extending licences for
establishing trade representative offices of foreign organizations
and business entities having offices in industrial zones and
economic zones.
3. Guiding Management Committees to issue business licences for sale
and purchase of goods and operations directly related to sale and
purchase of goods for foreign invested enterprises and foreign
investors investing for the first time in industrial zones and
economic zones.
4. Drafting regulations on the operations of non-tariff areas in
economic zones for submission to the Prime Minister for issuance.
Article 29 Powers and responsibilities of State administration of
the Ministry for Natural Resources and Environment:
1. Issuing Regulations on administration and protection of the
environment in industrial zones and
economic zones.
2. Providing guidelines on collection of environmental protection
fees in industrial zones and economic zones.
3. Providing guidelines for Management Committees to carry out a
number of duties of State administration with respect to natural
resources and the environment in industrial zones and economic zones
in accordance with the law on environmental protection.
Article 30 Powers and responsibilities of State administration of
the Ministry for Science and Technology:
1. Issuing regulations on the criteria for identifying high-tech
investment projects in industrial zones and economic zones.
2. Providing guidelines for Management Committees to carry out a
number of duties of State administration with respect to science and
technology for organizations operating in industrial zones and
economic zones.
Article 31 Powers and responsibilities of State administration of
the Ministry for Labour, War Invalids and Social Affairs:
Providing guidelines for Management Committees to carry out a number
of duties of State administration with respect to labour in
industrial zones and economic zones in accordance with the law on
labour.
Article 32 Powers and responsibilities of State administration of
the Ministry of Public Security:
1. Carrying out the function of State administration with respect to
public security and order, fire fighting and prevention in
industrial zones and economic zones.
2. Issuing regulations guiding the entry and exist, residence,
temporary residence in economic zones and bordergate economic zones.
Article 33 Powers and responsibilities of State administration of
the Ministry for Culture, Sports and Tourism:
1. Providing guidelines for Management Committees to carry out State
administration of tourism
activities in economic zones.
2. Authorizing Management Committees to issue, re-issue, amend, add
and extend licences for establishment of representative offices and
branches in economic zones for foreign tourism businesses.
Article 34 Powers and responsibilities of State administration of
line Ministries:
Ministries and ministerial equivalent bodies, beside the scope of
duties and powers mentioned in articles 24, 25, 26, 27, 28, 29, 30,
31, 32 and 33 of this Decree, shall also have powers and
responsibilities of State administration with respect to lines of
industry and sectors in industrial zones and economic zones,
specifically as follows:
1. Evaluating and providing written opinions on the extent to which
investment projects meet the necessary criteria in case of
investment projects within the approval authority of the Prime
Minister and projects in conditional investment sectors in
industrial zones and economic zones in accordance with the law on
investment.
2. Issuing conditions, procedures and formalities for managing and
organizing the provision of public administrative services by Management Committees.
3. Guiding, monitoring, supervising, inspecting and issuing fines
for administrative breaches within their powers.
Article 35 Powers and responsibilities of State administration of
provincial People’s Committees:
1. Leading preparation of plans for developing industrial zones and
economic zones in their territories; deciding the establishment or
extension of industrial zones.
2. Developing a general plan for construction of industrial zones as
stipulated in clause 3, article 5 of this Decree and for economic
zones.
3. Leading preparation and approval of detailed plans for
construction of industrial zones and functional areas in economic
zones; directing evaluation of and approving basic designs of
infrastructure development investment projects in industrial zones
and in functional areas in economic zones; deciding the use of State
budget capital for assisting investors investing in infrastructure
systems within the fence of industrial zones.
4. Carrying out investment procedures for infrastructure development
investment projects and functional areas in economic zones pending
the establishment of Management Committees.
5. Carrying out State administration for investment projects in
economic zones in accordance with approved plans; submitting for
approval or approving within their authority the list of development
investment projects and annual and five year plans for development
investment capital in economic zones.
6. Issuing policies for specific incentives and encouragement in
accordance with law with respect to priority for recruiting and
using local labour, highly skilled and qualified labour, and
assisting
vocational training for employees working in industrial zones and
economic zones.
7. Planning land areas for re-settlement, residential housing for
workers and public services and facilities; assisting investment in
residential housing for workers, resettlement areas,
technical-social infrastructure works in accordance with the Law on
State Budget; assisting trade, investment and tourism promotion;
assisting compensation and clearance of land space in order to
expedite the process of investing in and developing industrial zones
and economic zones.
8. Directing the recovery of land areas, water surfaces,
compensation and clearance of land space and resettlement of
residents and crops and carrying out the procedures for leasing or
allocating land in industrial zones, economic zones in accordance
with the law on land and relevant laws.
9. Directing relevant agencies in preparing investment plans and
building the social and technical
infrastructure systems outside the fence of industrial zones and
economic zones such as roads, power supply systems, water drainage
systems, communication, technical connection points with
infrastructure works inside the fence of industrial zones and
economic zones, vocational training units, residential housing,
medical clinics, schools and other public works as required for the
development of industrial zones and economic zones.
10. Leading preparation of plans and allocation of capital for
assisting investment in technical
infrastructure systems inside the fence of industrial zones,
technical - social infrastructure systems of economic zones in
accordance with the law on investment, State budget and the
provisions of this Decree.
11. Issuing Regulations and supervising their implementation on
co-ordination between Management Committees with agencies under
provincial People’s Committees; directing, assigning or authorizing
Management Committees to carry out some duties of State administration in areas of construction and environmental protection
in accordance with paragraphs (d) and (h), clause 2 of article 37 of
this Decree.
12. Directing implementation of plans and regulations on
construction, labour, environmental protection, fire and explosion
fighting and prevention, security and order in industrial zones and
economic zones.
13. Organizing and co-ordinating organization of local vocational
training facilities to meet the demand for labour in industrial
zones and economic zones.
14. Organizing, monitoring, inspecting and supervising resolution of
issues arising in the formation and development of industrial zones
and economic zones; and for issues beyond authority, co-ordinating
with ministries and ministerial equivalent agencies for resolution
or submitting them to the Prime Minister for consideration and
resolution.
15. Preparing a plan for the establishment or re-organization of
Management Committees on the
principle that each province or city under central authority has one
Management Committee; deciding the appointment of personnel for the
positions of Chairman and Vice-Chairman of the Management Committee.
16. Dispensing funds for administrative and professional operations
and development investment capital to Management Committees in
accordance with the Law on State Budget; approving plans, providing
funds and organizing trade, investment and tourism promotion
activities in order to develop industrial zones and economic zones.
17. Directing local professional and line agencies in trade,
finance, customs, banking, police and other relevant agencies to
arrange competent representatives who can deal with issues arising
in each area when necessary.
18. Carrying out other duties and powers of State administration
concerning industrial zones and
economic zones in accordance with law.
CHAPTER V
Functions, Duties, Powers and Organizational Structure of Management
Committees of Industrial Zones, Export Processing Zones and Economic
Zones
Article 36 Functions of Management Committees of Industrial Zones,
Export Processing Zones and Economic Zones
1. The Management Committee is an agency under the provincial People’s Committee which directly performs the function of State
administration with respect to industrial zones and economic zones
within the province or city under central authority in accordance
with this Decree and relevant laws; managing and organizing the
provision of public administrative services and other support
services relevant to the investment and business operations of
investors in industrial zones and economic zones.
2. The Management Committee shall be set up pursuant to a decision
of the Prime Minister and shall be under the control of the
provincial People’s Committee with respect to its organization,
personnel, working programmes and operational funding (except as
otherwise decided by the Prime Minister); shall be directed, guided
and inspected on professional issues by ministries and agencies in
charge of relevant lines of industry and sectors; and shall be
responsible for closely co-ordinating with professional agencies
under the provincial People’s Committee in the administration of
industrial zones and economic zones.
3. The Management Committee shall have legal person status; accounts
and a seal bearing the national emblem. Its funds for State administration, professional operations and development investment
capital shall be allocated from the State budget in accordance with
annual plans.
Article 37 Duties and powers of Management Committees of industrial
zones, export processing zones and economic zones:
1. Contributing opinions, preparing and submitting to ministries,
agencies and provincial People’s
Committees for approval and implementation of the following tasks:
(a) Contributing opinions to Ministries, agencies and provincial
People’s Committees in the drafting of legal instruments, policies
and plans relating to the investment and development of
industrial zones and economic zones.
(b) Leading, co-ordinating with relevant agencies in drafting
Regulations on co-ordination amongst professional agencies under
provincial People’s Committees or relevant agencies in order to
implement delegated duties and powers under the one door and one
adjoining door regime, and submitting same to provincial People’s
Committees for approval and implementation;
(c) Preparing programmes and plans for promoting investment in
developing industrial zones and economic zones for submission to
provincial People’s Committees for approval and implementation;
(d) Preparing annual and five year plans for developing human
resources, meeting the demands of industrial zones and economic
zones for submission to provincial People’s Committees for approval
and implementation;
(dd) Preparing estimates of budget, funds for annual professional
operations and development investment capital of the Management
Committees for submission to the competent authority for approval in
accordance with the Law on State Budget and relevant laws.
2. The Management Committee shall carry out the following duties in
accordance with law or as instructed or authorized by ministries,
branches or provincial People’s Committees:
(a) Managing, educating, guiding, monitoring, inspecting,
supervising and issuing fines for administrative breaches in respect
of the implementation of regulations or plans relating to industrial
zones and economic zones as approved by competent authorities;
(b) Registering investments; evaluating, issuing, amending and
revoking investment certificates for investment projects under its
authority;
(c) Issuing, re-issuing, amending, adding and extending Licences for
establishment of trade representative offices of foreign
organizations or individuals in industrial zones and economic zones;
issuing business licences for sale and purchase of goods and
activities directly related to sale and purchase of goods of foreign
invested enterprises and foreign investors investing for the first
time in industrial zones and economic zones after having the written
approval of the Ministry of Trade and Industry;
(d) Revising the approved detailed plan for construction of
industrial zones, functional areas in the economic zones without
changing the use of land and the structure of the plan; evaluating
the basic designs for projects in groups B and C or issuing,
extending construction permits for works which require construction
permits in accordance with the law on management of investment in
construction works; issuing certificates of ownership of
construction works to relevant organizations in respect of
construction works in industrial zones and economic zones;
(dd) Issuing, re-issuing, extending, revoking work permits of
foreigners, overseas Vietnamese working in industrial zones and
economic zones; issuing labour books to Vietnamese workers working
in industrial zones and economic zones; organizing the registration
of labour rules, collective labour agreements, internal rules on
occupational health, internal rules on work safety, the salary scale
tables and systems, work targets, plans for enterprises to send
workers overseas for training for less than 90 days; receiving
reports on the conclusion, use and termination of labour contracts
in enterprises;
(e) Issuing certificates of origin for goods manufactured in
industrial zones and economic zones and other licences and
certificates in industrial zones and economic zones;
(g) Certifying contracts and documents relating to real estate in
industrial zones and economic zones for relevant organizations;
(h) Organizing the evaluation and approval of environmental impact
assessment reports for investment projects within the approval
authority of provincial People’s Committees in industrial zones and
economic zones;
(i) Monitoring, inspecting and supervising the implementation of
investment objectives stipulated in the investment certificates, the
progress of capital contribution and investment implementation;
leading and co-ordinating the inspection of the implementation of
undertakings for projects which were granted investment incentives
and compliance with the law on construction, labour, salaries,
social insurance for workers, protection of the lawful rights of
workers and employers, activities of social political organizations,
fire and explosion fighting and prevention, security and order, and
protection of the ecological environment for projects in industrial
zones and economic zones; deciding to issue fines for administrative
breaches in accordance with the regulations for breaches in areas
within their authority and proposing to the competent State
authority to deal with breaches in areas beyond their authority;
(k) Dealing with difficulties and problems of investors in
industrial zones and economic zones and recommending to the Prime
Minister, ministries and relevant agencies and provincial People’s
Committees solutions to problems beyond their authority;
(l) Receiving reports of statistics, financial reports of businesses
operating in industrial zones and economic zones; evaluating the
efficiency of investments in industrial zones and economic zones;
(m) Co-ordinating with the Ministry of Planning and Investment in
setting up and managing the information system on industrial zones
and economic zones within their authority;
(n) Regularly reporting to the Ministry of Planning and Investment,
relevant ministries and agencies and provincial People’s Committees
on the status of: setting up and developing industrial zones and
economic zones; issuing, amending, revoking investment certificates;
progress and operation of investment projects; performance of
obligations to the State; attraction and employment of workers;
compliance with the law on labour and resolution of labour disputes
and implementation of solutions to protect the ecological
environment in industrial zones and economic zones;
(o) Organizing a movement of competition and rewards for businesses
in industrial zones and economic zones;
(p) Organizing and co-ordinating with State administrative bodies in
inspecting and examining and dealing with complaints, denunciations,
prevention and elimination of corruption, wastefulness and negative
issues and dealing with administrative breaches in the zone;
(q) Carrying out tasks in accordance with law and regulations of
provincial People’s Committees on the management of finance, assets
and budget allocated; collecting and managing the use of fees and
charges; scientific research, application of scientific and
technological progress; cooperation with domestic and foreign
organizations and individuals on areas related to investment,
construction and development of industrial zones and economic zones;
managing the apparatus, personnel, staff, employees and officers and
providing professional training to officers, employees of Management
Committees; recommending jobs to workers in industrial zones and
economic zones;
(r) Carrying out other tasks as delegated by the provincial People’s
Committees.
Article 38 Duties and powers of Management Committees of Economic
Zones
In addition to the duties and powers of Management Committees of
industrial zones, export processing zones and economic zones
stipulated in article 37 of this Decree, Management Committees of
economic zones have the following duties and powers:
1. Preparing and submitting to the provincial People’s Committees
for submission to the Prime Minister for decision according to their
authority:
(a) A general plan for construction of economic zones;
(b) Plans for issuing project bonds; plans for raising other sources
of funds for investing in important technical and social
infrastructure systems in the economic zone.
2. Preparing and submitting to ministries, agencies and provincial
People’s Committees for approval and implementation:
(a) Detailed construction plans for functional areas in accordance
with the approved general construction plan of the economic zone,
and detailed land use plans in the economic zone for submission to
the provincial People’s Committee for approval;
(b) Annual and five year plans of development of the economic zone
for submission to the provincial People’s Committees and relevant
State agencies for approval;
(c) Annual and five year lists of investment projects and
development investment capital for submission to the competent
authority for approval or for approval within the Management
Committee’s own authority;
(d) Establishing price structures and levels of fees and charges
applicable in the economic zone for submission to the competent
authority for issuance in accordance with law.
3. Management Committees of economic zones shall direct or organize
the implementation of the following tasks:
(a) Implementing in accordance with law or as instructed by
ministries, agencies or provincial People’s Committees: issuing,
amending, revoking Business registration certificates in accordance
with the Law on Enterprises in the case of establishing economic
organizations in the economic zones; issuing, re-issuing, amending,
adding and extending Licences for establishing representative
offices and branches in the economic zone for foreign tourism
businesses;
(b) Engaging foreign advisors to provide advice on investment
promotion, advice on the strategy for investment, construction and
development of economic zones;
(c) Deciding investments for projects in groups B and C using State
budget capital for investment in the economic zone as authorized by
a provincial People’s Committee;
(d) Signing BOT, BTO, BT contracts for projects in groups B and C as
authorized by the provincial People’s Committee; directly receiving,
managing and using ODA capital;
(dd) Managing and using sources of investment capital investment for
the economic zone within their authority; managing the investment, construction, bidding for investment projects using development
investment capital from the State budget in the economic zone within
their authority; managing and implementing the administrative
expenses and income, target programmes and other sources of capital
allocated in accordance with law;
(e) Leading and co-ordinating with relevant agencies in the
maintenance and service of the social and technical infrastructure
systems, public utilities and facilities funded by the State budget
in the economic zone;
(g) Managing and using efficiently the specialized land and water
surface resources allocated for their proper purposes and in
accordance with the general construction plan of the economic zone,
detailed construction plan of functional areas, the plan for land
use approved by the competent authority;
(h) Re-allocating land subject to land use fees, re-allocating land
not subject to land use fees, leasing land, water surface and
carrying out land administration in the economic zone in accordance
with the law on land;
(i) On the basis of the regulations provided by the provincial
People’s Committee and the law on investment and land, deciding the
use fees, rental and the level of exemption, reduction with respect
to specialized land, water surface for each investment project in
case of re-allocation of land, leasing land without auctioning or
tendering for the land use right.
(k) Co-ordinating with the local authority and relevant agencies to
ensure that all activities in the economic zone must comply with the
plans, the plans for construction and development of economic zones
approved by the competent authority and relevant regulations.
Article 39 The organizational apparatus and personnel of a
Management Committee
1. A Management Committee shall consist of the Chairman, a number of
Vice-Chairmen and the
supporting apparatus;
The Chairman shall be appointed and removed by the Chairman of the
provincial People’s Committee. Vice-Chairmen shall be appointed and
removed by the Chairman of the provincial People’s Committee on the
proposal of the Chairman of the Management Committee.
2. The Chairman shall be responsible for managing all the operations
of the Management Committee, and responsible to the provincial
People’s Committee and before the law for the operations and
efficiency of the operations of the industrial zone or economic
zone;
3. The organizational structure of a Management Committee shall
include: the support system (office, professional departments and
representative of the Management Committee in industrial zones and
economic zones); dependent administrative agencies providing public
services and utilities, investment and business support services for
investors in the zone and other organizations as required by the
development of industrial zones and economic zones and the duties
and powers of each type of Management Committee in accordance with
guidelines provided by the Ministry of Interior and in accordance
with law.
Management Committees of economic zones and Management Committees of
industrial zones, export processing zones in Class 1 in accordance
with guidelines provided by the Ministry of Interior may set up
Inspectors.
4. The personnel of a Management Committee shall include
administrative personnel and professional personnel and shall be
decided by the Chairman of the provincial People’s Committee in
accordance with the law on delegation of authority for managing
administrative and professional personnel and the staff management
regulations applicable to State professional bodies.
CHAPTER VI
Implementing Provisions
Article 40 Effectiveness of the Decree
1. This Decree shall take effect 15 days after the date of its
publication in the Official Gazette.
2. This Decree shall repeal:
(a) Decision No. 53/2001/QD-TTg dated 19 April 2001 on policies
regarding bordergate economic zones and Decision No. 273/2005/QD-TTg
dated 31 October 2005 on amendments of and additions to a number of
articles in Decision No. 53/2001/QD-TTg.
(b) Other regulations on industrial zones, export processing zones
and economic zones inconsistent with the terms of this Decree.
Article 41 Responsibilities for implementation
Ministers, heads of ministerial equivalent bodies, heads of bodies
of the Government, Chairmen of People’s Committees of provinces and
cities under central authority, Chairmen of Management Committees of
industrial zones, export processing zones and economic zones and
relevant organizations and individuals shall be responsible for
implementing this Decree.
On behalf of the Government
Prime Minister
NGUYEN TAN DUNG
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