Quyết định 26/2010/QD-TTg

DECISION

PROMULGATING THE OPERATION REGULATION OF VAN DON ECONOMIC ZONE, QUANG NINH 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 Don Economic Zone, Quang Ninh province.

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

The Operation Regulation of Van Don Economic Zone. Quang Ninh province, issued together with this Decision, replaces the Regulation issued together with the Prime Minister's Decision No. 120/2007/QD-TTg of July 26, 2007.

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

OPERATION REGULATION

 OF VAN DON ECONOMIC ZONE, QUANG NINH PROVINCE
(Promulgated together with the Prime Minister's Decision No. 26/20W/QD-TTg of March 3, 2010)

Article 1. This Regulation provides for the scope, size, development objectives and organization and operation of Van Don Economic Zone, Quang Ninh province.

Article 2.

1. Van Don Economic Zone, comprising functional areas, social and technical infrastructure facilities, and service and public facilities, is a delimited geographical area within the national territory and under the national sovereignty but has a separate economic space and a favorable and equal investment and business environment. It adopts stable and long-term preferential and incentive policies and transparent management mechanisms for domestic and foreign organizations and individuals to feel secure when making investment in developing goods production and trading and service provision activities under an increasingly improved legal framework.

2. Van Don Economic Zone covers the whole area of Van Don district, Quang Ninh province, with a total area of 2,171.33 km2, including a land area of 551.33 km2 and a sea area of 1.620 km2; has its geographical boundaries determined within the area at latitude from 20°40' to 21°16' North and longitude from 107° 15' to 108° East and delimited as follows: bordering on Tien Yen and Dam Ha districts to the north and the northeast; bordering on Co To district to the southeast; and bordering on Cam Pha town and Ha Long city to the west. Van Don Economic Zone has one township and 11 communes with over 600 islands and islets in Bai Tu Long bay.

Article 3. Major development objectives of Van Don Economic Zone

1. To tap to the utmost the advantages of natural conditions and political, economic and geographical positions in international and domestic trade and services to accelerate the socio-economic development of Quang Ninh province and the northern region with a view to narrowing the gap between this region and other regions in the country.

2. To build Van Don Economic Zone in line with the development plan of the northeaster area of Quang Ninh province, create a close linkage between Van Don Economic Zone and Hon Mieu island deep water port and industrial cluster in Hai Ha district, and Mong Cai border-gate city.

3. To step and step build and develop Van Dong Economic Zone into a sea-island eco-tourist center of high quality, an international airway center, a high-class service center and an international trade center, making great contributions to the economic growth and sustainable development of Quang Ninh province.

4. To ensure security, defense and social order and safety, contributing to firmly preserving the national sovereignty and territorial integration.

5. To develop fisheries, attaching importance to the rearing of marine resources such as pearl oyster, abalone, snout otter clam and noble scallop with non-polluting natural feed to cater for high-quality tourism; to build some fishing service establishments while maintaining the tourist space and preserving the marine ecological environment.

6. To develop modern scientific and technological application institutions, first of all, for developing clean industries, high-quality seafood processing, tourism, services and transport.

7. To create jobs, provide training to raise the quality of human resources and increase laborers' incomes.

Article 4. Vietnamese organizations and individuals of all economic sectors, overseas Vietnamese and foreign investors are encouraged to invest in Van Don Economic Zone in the following areas: investment in and commercial operation of infrastructure facilities, industrial development, urban and seaport development, trade, services, tourism, recreation and entertainment, finance and banking, transport, insurance, education and training, culture, physical training and sports, science and technology, healthcare, housing, import and export and other production and business activities which are protected under Vietnamese laws and relevant treaties.

Article 5.

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

a/ The non-tariff area is an area determined in the master plan and the construction plan of the economic zone and connected with part of Van Hoa seaport and Van Don international airport;

b/The tariff area is the remaining area of Van Don Economic Zone. In the tariff area, there are other functional areas such as the service-tourist center, recreation and entertainment area, industrial park, urban residential area and administrative area;

c/ The size and location of each functional area will be determined in the master plan on the construction of Van Don Economic Zone approved by the Prime Minister.

2. The Van Don Economic Zone Management Board (below referred to as the Management Board) may hire foreign consultants to participate in planning in detail functional areas such as the urban center, non-tariff area, tourist resort and other functional areas in line with the master plan on the construction of Van Don Economic Zone.

The planning and construction of Van Don 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 and provide international telecommunications services exclusively for Van Don Economic Zone at charge rates decided by themselves in conformity with the international integration roadmap committed by Vietnam.

Article 7.

1. The entire area of land and water surface reserved for investment in the construction and development of functional areas and the non-tariff area in Van Don Economic Zone shall be approved b> the Prime Minister and allocated in one-off by the People's Committee of Quang Ninh province to the Management Board for organizing the construction and development of Van Don Economic Zone in accordance with law.

2. Investors being domestic organizations and individuals and overseas Vietnamese may be allocated or leased land; investors being foreign organizations and individuals may be leased land for execution of investment projects in Van Don Economic Zone and have the rights and obligations corresponding to the form of land allocation or lease as provided for by the land law.

Article 8.

The construction of production and business support works, infrastructure facilities of functional areas, technical infrastructure facilities, service facilities and public facilities in Van Don Economic Zone shall be managed under the construction law.

Before building works, investors shall send application dossiers to the Management Board according to the construction law. Within 7 working days after receiving valid and complete dossiers, the Management Board shall examine the dossiers and give its written replies to the investors.

In the course of construction, investors shall closely coordinate with defense management agencies so as to ensure that the construction of works does not affect the performance of defense and security tasks in the region; construction investment must comply with the Ordinance on Protection of Military Works and Zones and 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 the plan 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 as well as foreign organizations and individuals engaged in goods production and trading and service provision and enterprises investing in the construction and commercial operation of infrastructure facilities; investment support and methods for raising funds for the development of the socio-economic infrastructure system; tax and customs, land, construction, trade, labor and environmental protection; operation of the non-tariff area; and entry into, exit from and residence in Van Don Economic Zone comply with current law and treaties to which Vietnam is a contracting party.-