Quyết định 18/2010/QD-TTg

DECISION

PROMULGATING THE OPERATION REGULATION OF VAN PHONG ECONOMIC ZONE, KHANH HOA 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 Van Phong Economic Zone, Khanh Hoa province.

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

The Operation Regulation of Van Phong Economic Zone, Khanh Hoa province, promulgated together with this Decision, replaces the Regulation promulgated together with the Prime Minister's Decisions No. 92/2006/QD-TTg of April 25, 2006. and No. 21/2008/QD-TTg of February 4, 2008.

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

OPERATION REGULATION

OF VAN PHONG ECONOMIC ZONE, KHANH HOA PROVINCE
(Promulgated together with the Prime Minister's Decision No. 18/2010/QD-TTg of March 3, 2010)

Article 1. This Regulation provides for the scope, size and development objectives and the organization and operation of Van Phong Economic Zone, Khanh Hoa province.

Article 2.

1. Van Phong 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 an international container transit port, which plays the key role, functional areas, socio-technical infrastructure facilities and public service and utility facilities.

2. Van Phong Economic Zone has a total area of 150,000 ha. including around 80,000 ha of water surface and around 70,000 ha of land in Van Ninh and Ninh Hoa districts. Khanh Hoa province. It borders on:

- Tuy Hoa district, Phu Yen province, to the north;

- Hon Heo to the south;

- The East Sea to the east;

- Mountainous areas of Van Tho, Van Phuoc, Van Binh, Van Phu. Van Luong and Van Hung communes and Van Gia township of Van Ninh district, and Ninh Son, Ninh Dong, Ninh Binh. Ninh Hung and Ninh Tan communes of Ninh Hoa district, to the west.

Article 3. Van Phong 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 Khanh Hoa province, the southern central region and the central key economic region to narrow the gap between this region and other regions in the country.

2. To build and develop Van Phong Economic Zone into an economic complex with the international container transit port playing the key role in combination with multi-sectoral economic development, focusing on industry, lourism, services, aquaculture and other economic sectors, and construction of urban centers.

3. To speed up the construction and develop­ment of Van Phong Economic Zone, which, together with Chu Lai Open Economic Zone and Dung Quat and Nhon Hoi Economic Zones, will form by 2010 a chain of closely interrelated economic zones to gradually become growth cores and urban-industrial-service-tourist centers of the southern central region, the central key economic region, and a hub for international exchange and an important tourist center of the whole country.

4. 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 Van Phong Economic Zone in the areas of commercial operation of infrastructure, industrial development, urban development, seaport, trade, services, lourism, 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. Van Phong 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. It accommodates the international container transit port, a port logistics center and a trade-finance center, which are identified in the master plan to build Van Phong Economic Zone. Khanh Hoa province, up to 2020. approved by the Prime Minister;

b/ The remaining area is the tariff area, which embraces other functional areas such as an oil transit port, a special-use port, a general port, a service and tourist center, a recreation and entertainment center, an industrial park, an aquaculture zone, an urban residential center and an administrative center;

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

2. The Van Phong 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 Van Phong Economic Zone construction.

The planning and construction of Van Phong 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 Van Phong 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 Khanh Hoa 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 Van Phong 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 Van Phong 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 Van Phong 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. 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 Van Phong Economic Zone comply with current law and treaties to which Vietnam is a contracting party. -