Quyết định 20/2010/QD-TTg

DECISION

PROMULGATING THE OPERATION REGULATION OF PHU QUOC ISLAND AND NAM AN THOI ISLANDS, KIEN GIANG 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 Phu Quoc island and Nam An Thoi islands, Kien Giang province.

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

The Operation Regulation of Phu Quoc island and Nam An Thoi islands, Kien Giang province, promulgated together with this Decision, replaces the Regulation promulgated together with the Prime Minister's Decisions No. 38/2006/QD-TTg of February 14, 2006.

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

OPERATION REGULATION

OF PHU QUOC ISLAND AND NAM AN THOI ISLANDS, KIEN GIANG PROVINCE
(Promulgated together with the Prime Minister's Decision No. 20/2010/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 some particular mechanisms and policies for Phu Quoc island and Nam An Thoi islands, Kien Giang province (below collectively referred to as Phu Quoc island).

Article 2. This Regulation applies to Phu Quoc island. Kien Giang province (which is identified in the master plan on Phu Quoc island construction) in order to achieve Phu Quoc island's development objectives under the Prime Minister's Decision No. 178/2004/QD-TTg of October 5. 2004, to build Phu Quoc into a large tourist and trade hub of the country, region and world.

Article 3. Vietnamese organizations and individuals of all economic sectors, overseas Vietnamese and foreign investors are encouraged to make investment on Phu Quoc island in the areas of commercial operation of infrastructure, industrial development, urban development, seaport, trading, 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 4.

1. Phu Quoc island has a non-tariff area and a tariff area.

a/ The non-tariff area is identified in the detailed planning in connection with An Thoi port and Phu Quoc airport. The zone, which has a physical fence separating it from surrounding areas, has no residential area inside;

b/ The remaining area is the tariff area, which embraces other functional areas such as a tourist and service center, a port and port logistics service center, an industrial park, an urban center, residential quarter, an administrative center and others;

c/ The size and location of each functional area are identified in the master plan on Phu Quoc island construction approved by the Prime Minister.

2. Phu Quoc island has an international sea border-gate at An Thoi port and an international air border-gate at Phu Quoc airport to provide air and sea services between Phu Quoc island and some regional countries.

3. The Phu Quoc Island Management Board (below referred to as the Management Board) may hire foreign consultancy companies to join in planning functional areas and areas such as the urban center, the non-tariff area, the tourist resort and others in conformity with the master plan on Phu Quoc island construction.

The planning and construction of Phu Quoc island must avoid overlap with areas where exist minerals or areas already planned for mineral exploration and exploitation.

Article 5.

Foreign investors may invest in the commercial provision of international telecommunications services exclusively for Phu Quoc island and decide by themselves charge rates in conformity with Vietnam's committed international integration roadmap.

Foreign direct investment projects on Phu Quoc island shall be accepted under the procedures to grant investment certificates.

Phu Quoc island is determined as a national key tourist site and tourism investment projects on Phu Quoc island are those in national tourist sites which are on the list of domains entitled to investment incentives.

Article 6.

1. The People's Committee of Kien Giang 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 on Phu Quoc island 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 on Phu Quoc island and have the rights and obligations corresponding to the applied mode of land allocation or lease under the land law.

Article 7.

The construction of production and business support works, functional areas* infrastructure facilities, technical infrastructure facilities and public service and utility works on Phu Quoc island 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 examine 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 Phu Quoc island comply with current law and treaties to which Vietnam is a contracting party.-