Quyết định 27/2010/QD-TTg

DECISION

PROMULGATING THE OPERATION REGULATION OF DINH AN ECONOMIC ZONE, TRA VINH 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 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 Dinh An Economic Zone, Tra Vinh province.

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

The Operation Regulation of Dinh An Economic Zone. Tra Vinh province, promulgated together with this Decision, replaces the Regulation promulgated together with the Prime Minister's Decision No. 69/2009/QD-TTg of April 27, 2009.

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

OPERATION REGULATION

 OF DINH AN ECONOMIC ZONE, TRA VINH PROVINCE
(Promulgated together with the Prime Minister's Decision No. 27/2010/QD-TTg of March 3, 2010)

Article 1. This Regulation provides for the scope, size and development objectives and the organization and operation of Dinh An economic zone. Tra Vinh province.

Article 2.

1. Dinh An 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 investors to develop production, business and services under an increasingly improved legal framework.

2. Dinh An Economic Zone embraces communes and villages south of road 914 in Tra Cu and Duyen Hai districts, including Dinh An commune, villages west of national highway 53 and south of provincial road 914 of Ham Tan and Dai An communes, and villages south of provincial road 914 of Don Chau and Don Xuan communes (Tra Cu district), villages of Ngu Lac and Truong Long Hoa communes, and Long Vinh, Long Khanh, Dong Hai, Dan Thanh and Long Toan communes and Duyen Hai township of Duyen Hai district. The Economic Zone's total area is 39.020 ha.

In the first phase, the Economic Zone has an area of 15,403.7 ha. embracing land areas south of provincial road 914 and north and east of Quan Chanh Bo canal, including Dinh An commune, villages west of national highway 53 and south of provincial road 914 of Dai An and Ham Giang communes, and villages south of provincial road 914 of Don Chau and Don Xuan communes (Tra Cu district), villages south of provincial road 914 of Ngu Lac, Dan Thanh. Long Toan and Truong Long Hoa communes, and Duyen Hai township, of Duyen Hai district.

Article 3. Dinh An 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 Tra Vinh province, coastal areas and the entire Mekong River delta, contributing to narrowing the gap between this region and other regions in the country.

2. To build and develop Dinh An Economic Zone with key industries associating the sea with power production, steel refinement, petrochemistry, shipbuilding and other allied industries; to develop a tourist site with unique tourist products, port economy, a port-linked non-tariff area and an urban residential area.

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

4. The first phase's objectives are to build basic infrastructure facilities and develop industries and domains on an area of 15.403.7 ha. Specifically, to build fairways for large-tonnage ships to enter Hau river and other traffic works, and infrastructure of industrial parks and other functional areas; to build Bien Dong (Rough Sea) tourist site under planning; to build and upgrade Duyen Hai township into a town, and Dinh An township, and develop urban residential points to gradually form a modern and civilized new urban center suitable to the motive economic zone; and to build other infrastructure facilities and develop related industries and domains.

5. In subsequent phases, to develop the Economic Zone's other areas to complete its investment development in 2021-2030. To step by step restructure the economy in Dinh An Economic Zone and continue building and developing its infrastructure. To implement the detailed planning on, and further invest in infrastructure construction and production and business activities in, the industrial park, tourist site, service center and non-tariff area.

Article 4. Vietnamese organizations and individuals of all economic sectors, overseas Vietnamese and foreign investors are encouraged to make investment in Dinh An 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. Dinh An 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 Duyen Hai power center, a port and port service area, an industrial park, a tourist, recreation and entertainment resort, an area for aquaculture and forestation, 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 Dinh An Economic Zone construction approved by the Prime Minister.

2. The Dinh An 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 Dinh An Economic Zone construction.

The planning and construction of Dinh An 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 Dinh An 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 Tra Vinh 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 Dinh An Economic Zone under the master plan on Dinh An Economic Zone construction approved by the Prime Minister and detailed planning to build functional areas in Dinh An Economic Zone approved by the People's Committee of Tra Vinh province, to the Management Board for construction and development. The People's Committee of Tra Vinh province shall direct the recovery of land and water surface areas planned for the construction of functional areas in Dinh An Economic Zone.

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 Dinh An 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 Dinh An 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 Dinh An Economic Zone comply with current law and treaties to which Vietnam is a contracting party. -