Quyết định 17/2010/QD-TTg

DECISION

PROMULGATING THE OPERATION REGULATION OF NHON HOI ECONOMIC ZONE, BINH DINH PROVINCE

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the Government's Decree No. 108/2006/ND-CP of September 22, 2006, detailing and guiding the implementation of the Investment Law;
Pursuant to the Government's Decree No. 29/2008/ND-CP of March 14, 2008, on industrial parks, export-processing zones and economic zones;
At the proposal of the Minister of Planning and Investment,

DECIDES:

Article 1. To promulgate together with this Decision the Operation Regulation of Nhon Hoi Economic Zone. Binh Dinh province.

Article 2. This Decision takes effect on May 1, 2010.

The Operation Regulation of Nhon Hoi Economic Zone, Binh Dinh province, promulgated together with this Decision, replaces the Regulation promulgated together with the Prime Minister's Decision No. 141/2005/QD-TTgof June 14, 2005.

Article 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and the chairperson of the People's Committee of Binh Dinh province shall implement this Decision.

OPERATION REGULATION

OF NHON HOI ECONOMIC ZONE, BINH DINH PROVINCE
(Promulgated together with the Prime Minister's Decision No. 17/2010/QD-TTg of March 3, 2010)

Article 1. This Regulation provides for the scope, size and development objectives and the organization and operation of and particular mechanisms and policies for Nhon Hoi Economic Zone, Binh Dinh province.

Article 2.

1. Nhon Hoi Economic Zone, a delimited geographical area within the national territory and under the national sovereignty, is a separate economic space with a favorable and equal investment and business environment and comprises functional areas, socio-technical infrastructure facilities and public service and utility facilities. It adopts stable and long-term incentive policies and open management mechanisms favorable for domestic and foreign investors to develop production, business and services under an increasingly improved legal framework.

2. Nhon Hoi Economic Zone is located on Phuong Mai peninsula, Binh Dinh province, with a land area of about 12,000 hectares, covering Nhon Hoi, Nhon Ly, Nhon Hai communes and zone 9 of Hai Cang ward. Quy Nhon city; parts of Phuoc Hoa and Phuoc Son communes of Tuy Phuoc district; parts of Cat Tien, Cat Chanh and Cat Hai communes of Phu Cat district; and having geographical boundaries at longitude from 109°11' to 109°17' East and at latitude from 13001'14°01' North, bordering on:

a/ Ba mount. Cat Hai commune, Phu Cat district, to the north;

b/ The East Sea to the south;

c/ The East Sea, to the east;

d/ Thi Nai lagoon to the west.

Article 3. Nhon Hoi Economic Zone's major development objectives

1. To make the fullest use of the advantages of natural conditions and political, economic and geographical positions in domestic and international trade and services and promote the socio-economic development of Binh Dinh province, the southern central region and the central key economic region to narrow the gap between this region and other regions in the country, to make it an important point for international exchange, contributing to expanding markets in the southern central region and the Central Highlands and a bridge linking the region with markets in northwestern Cambodia, southern Laos and central Thailand.

2. To build and develop Nhon Hoi Economic Zone with such key industries as agricultural-forestry-aquatic processing; building materials, ship building and repair, petrochemistry, electronics and electricity construction materials; textile, garments, leather and export garments.

3. To build and commercially operate entrepots in connection with investing in and effectively operating the deepwater seaport zone and logistic service facilities of Nhon Hoi port to make Nhon Hoi Economic Zone, together with national highway No. 19 and Due Co and Bo Y border-gates, become an important commercial gateway to the sea for the southern central region, the Central Highlands and the expanded Mekong river sub-region.

4. To build Nhon Hoi new urban center and Cat Tien and Nhon Ly urban and service center, concurrently prioritize the development of eco-tourist sites linked with lagoons, mountains and the sea in Nhon Hoi Economic Zone to turn it a national tourist resort, a tourist hub in coastal areas of the southern central region.

5. To generate jobs, train and improve human resources, and increase laborers' incomes.

Article 4. Vietnamese organizations and individuals of all economic sectors, overseas Vietnamese and foreign investors are encouraged to make investment in Nhon Hoi Economic Zone in the areas of commercial operation of infrastructure, industrial development, urban development, seaport, trade, services, tourism, recreation and entertainment, finance-banking, transport, insurance, education and training, culture, physical training and sports, science and technology, healthcare, housing, export and import, and other production and business activities protected by Vietnamese law and relevant treaties.

Article 5.

1. Nhon Hoi Economic Zone has two main functional areas: a non-tariff area and a tariff area.

a/ The non-tariff area is identified in the master plan on construction;

b/ The remaining area is the tariff area, which embraces other functional areas such as an industrial park, an export-processing zone, a service and tourist center, a recreation and entertainment center, a residential area, an urban center and an administrative center.

c/ The size and location of each functional area are identified in the master plan on Nhon Hoi Economic Zone construction approved by the Prime Minister.

2. The Binh Dinh Economic Zone Management Board (below referred to as the Management Board) may hire foreign consultancy companies to join in planning in detail functional areas such as the urban center, the non-tariff area, the tourist resort and others in conformity with the master plan on Nhon Hoi Economic Zone construction.

The planning and construction of Nhon Hoi Economic Zone must avoid overlap with areas where exist minerals or areas already planned for mineral prospecting and exploitation.

Article 6. Foreign investors may invest in the commercial provision of international telecommunications services exclusively for Nhon Hoi Economic Zone and decide by themselves charge rates in conformity with Vietnam's committed international integration roadmap.

Article 7.

1. The People's Committee of Binh Dinh province shall allocate in one-off all land and water surface areas exclusively reserved for building and developing functional areas and the non-tariff area in Nhon Hoi Economic Zone as approved by the Prime Minister, to the Management Board for construction and development under law.

2. Investors being domestic organizations and individuals and overseas Vietnamese may be allocated or leased land. Investors being foreign organizations and individuals may rent land to implement investment projects in Nhon Hoi Economic Zone and have the rights and obligations corresponding to the applied mode of land allocation or lease under the land law.

Article 8. The construction of production and business support works, functional areas' infrastructure facilities, technical infrastructure facilities and public service and utility works in Nhon Hoi Economic Zone shall be managed under the construction law.

Before building a work, an investor shall submit a dossier of request for permission to the Management Board under the construction law. Within 7 working days after receiving a complete and valid dossier, the Management Board shall consider it, make decision and reply the investor in writing.

When building works, investors shall closely collaborate with defense management agencies to ensure that construction does not affect defense and security tasks in defense zones. Work construction investment must comply with the Ordinance on Protection of Military Works and Zones, the Government's Decree No. 20/2009/ND-CP of February 23, 2009, on the management of heights of aviation barricades and battlefields for management and protection of Vietnam's airspace, and with plans on the location of defense works in the area.

Any historical or cultural relics discovered in the course of work construction shall be handled under the Law on Cultural Heritages.

Article 9. To permit the issuance of government bonds under law to raise funds for large-scale investment projects on infrastructure construction which are crucial for the development of Nhon Hoi Economic Zone.

Article 10. Investment; state management; operation, rights and obligations of domestic and foreign organizations and individuals engaged in goods production and trading and service provision, and constructors and commercial operators of socio-technical infrastructure; investment support and modes to raise funds for socio-technical infrastructure development; taxes, customs, land, construction, trade, labor and environmental protection; operation of the non-tariff area; and entry into, exit from and residence within Nhon Hoi Economic Zone comply with current law and treaties to which Vietnam is a contracting party. -