Quyết định 25/2010/QD-TTg

DECISION

PROMULGATING THE OPERATION REGULATION OF DUNG QUAT ECONOMIC ZONE, QUANG NGAI PROVINCE

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the Governments Decree No. 108/2006/ND-CP of September 22. 2006, detailing and guiding the implementation of the Investment Law;
Pursuant to the Governments 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 Dung Quat Economic Zone. Quang Ngai province.

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

The Operation Regulation of Dung Quat Economic Zone. Quang Ngai province, promulgated together with this Decision, replaces the Regulation promulgated together with the Prime Minister's Decision No. 50/2005/QD-TTg of March 11, 2005.

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

OPERATION REGULATION

OF DUNG QUAT ECONOMIC ZONE, QUANG NGAI PROVINCE
(Promulgated together with the Prime Minister's Decision No. 25/2010/QD-TTg of March 3, 2010)

Article 1. This Regulation provides for the scope, size and development objectives and the organization and operation of Dung Quat Economic Zone, Quang Ngai province.

Article 2.

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

2. Dung Quat Economic Zone with a total area of around 10,300 ha in Quang Ngai province embraces Binh Chanh, Binh Thanh. Binh Dong, Binh Thuan. Binh Tri and Binh Hai communes and part of Binh Phuoc, Binh Hoa and Binh Phu communes of Binh Son district. It borders on:

a/ The East Sea to the east;

b/ Binh Nguyen commune, Binh Son district. Quang Ngai province, to the west;

c/ Nui Thanh district, Quang Nam province, to the north;

d/ Binh Long. Binh Hiep and Binh Phu communes, Binh Son district, Quang Ngai province, to the south.

Article 3. Dung Quat 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 Quang Ngai province, the northern central region, contributing to narrowing the gap between this region and other regions in the country.

2. To build and develop Dung Quat Economic Zone into a multi-sectoral economic complex, focusing on development of oil refinement, petrochemistry and chemical industries and large-scale industries, including mechanical engineering, shipbuilding and repair, steel rolling, cement, container production, and consumer goods, processing and export industries in association with the development and effective exploitation of Dung Quat deepwater seaport, Chu Lai international airport. Van Tuong industrial-service urban center and Doc Soi urban center.

3. To accelerate investment in construction and development of Dung Quat Economic Zone together with Chu Lai open economic zone to enable these zones to become growth cores and urban-industrial-service hubs of the central key economic region after 2010, being a motive to boost industrialization and modernization of the central region and the country; to become an important point for international exchange, contributing to expand markets in the central region and Central Highlands and become a bridge linking markets in southern Laos and northeastern Thailand.

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 Dung Quat Economic Zone 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 5.

1. Dung Quat 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 Dung Quat Economic Zone construction and the detailed land use planning.

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

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

2. The Dung Quat 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 Dung Quat Economic Zone construction.

The planning and construction of Dung Quat Economic Zone must avoid overlap with areas where exist minerals or areas already planned for mineral exploration and exploitation.

Article 6. Foreign investors may invest in the commercial provision of international telecommunications services exclusively for Dung Quat 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 Quang Ngai province shall allocate in one-off all land and water surface areas exclusively reserved for building and developing functional sections and the non-tariff area in Dung Quat 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 Dung Quat 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 sections' infrastructure facilities, technical infrastructure facilities and public service and utility works in Dung Quat 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 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. 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 Dung Quat 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 Dung Quat Economic Zone comply with current law and treaties to which Vietnam is a contracting party. -