Quyết định 66/2010/QD-TTg

DECISION

ESTABLISHING, AND PROMULGATING THE OPERATION REGULATION OF, NAM CAN ECONOMIC ZONE, CA MAU 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 establish Nam Can Economic Zone, Ca Mau province, with an area of 11.000 ha, and promulgate together with this Decision the Operation Regulation of Nam Can Economic Zone, Ca Mau province.

Article 2. This Decision takes effect on January 1, 2011.

Article 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People's Committees shall implement this Decision.

OPERATION REGULATION

OF NAM CAN ECONOMIC ZONE, CA MAU PROVINCE
(Promulgated together with the Prime Minister's Decision No. 66/2010/QD-TTg of October 27, 2010)

Article 1. This Regulation provides for the scope, size, development objectives, organization and operation of Nam Can Economic Zone, Ca Mau province.

Article 2. Scope and size of Nam Can Economic Zone

1. Nam Can Economic Zone is located along the corridor of national highway 1A and has an area of 11,000 ha in Nam Can district, Ca Mau province. It covers Nam Can township, Ham Rong and Hang Vinh communes, and Ong Do hamlet of Dat Moi commune. Its geographical boundaries arc identified as follows:

a/ To the north, it borders on Cai Nuoc district, and Dam Doi district (the southern bank of Bay Hap river).

b/ To the south, it borders on Ngoc Hien district (the northern bank of Cua Lon river).

c/ To the east, it borders on Hiep Tung commune. Nam Can district.

d/ To the west, it borders on Dat Moi and Lam Hai communes. Nam Can district.

2. Nam Can Economic Zone, comprising functional areas, socio-technical infrastructure facilities, public service and utility facilities, within the national territory and under the national sovereignty, has a separate economic space with a favorable and equal investment and business environment. It adopts stable and long- term incentive policies and open management mechanisms favorable for investors to develop production, trade in goods and provide services under the current legal framework.

Article 3. Nam Can Economic Zone's development objectives

1. To make the fullest use of the advantages of natural conditions and geographical, economic and political and positions in domestic and international trade and services and promote the socio-economic development of Ca Mau province and the Mekong River delta, to narrow the gap between this region and other regions across the country.

2. To build and develop Nam Can Economic Zone with such key industries as mechanical engineering, ship building and repair, machine assembly, electronics, processing of aquatic products for export, petroleum services, garments, construction materials, production of consumer goods, and other allied industries. To develop a coastal submerged eco-tourist zone and sea-island tourism, port economy, and non-tariff area in association with the port and urban residential area.

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

4. From now through 2011, to complete the general planning and detailed planning on construction of functional areas of Nam Can Economic Zone.

5. During 2012-2015, to focus on building Nam Can Economic Zone's infrastructure facilities: building major infrastructure facilities connected to functional areas, as well as infrastructure within each area; developing social welfare, cultural, sports and service works: filling up and leveling ground areas in an order of priority for the implementation of investment projects; attracting and investing in a number of production and business development projects.

6. During 2016-2020, to complete the construction of infrastructure facilities and focus on attracting investment projects to develop production and business.

Article 4. Vietnamese organizations and individuals of all economic sectors, overseas Vietnamese and foreign investors are encouraged to make investment in Nam Can Economic Zone in commercial operation of infrastructure, industrial development, urban development, seaport, trade, services, tourism, recreation, entertainment, finance-banking, transport, insurance, education, training, culture, physical training and sports, science and technology, healthcare, housing, import, export, and other production and business activities protected by Vietnamese law and relevant treaties.

Article 5.

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

a/ The non-tariff area is identified in the general planning on Nam Can Economic Zone construction and the detailed land use planning. It shall operate under the Regulation on operation of non-tariff areas within Economic Zones or border-gate Economic Zones promulgated together with the Prime Minister's Decision No. 100/2009/QD-TTg;

b/ The remaining area is the tariff area, which embraces such functional centers as port and port-related logistic service center, industrial, tourist resort and recreation and entertainment centers, distribution zone, aquaculture and forest areas, urban residential center, and administrative center.

c/ The size and location of each functional center or area mentioned at Points a and b, Clause 1 of this Article are identified in the Prime Minister-approved general planning on Nam Can Economic Zone construction.

2. The Nam Can 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 center and others in conformity with the general planning on Nam Can Economic Zone construction.

The planning and construction of Nam Can Economic Zone must prevent overlap with areas where exist minerals or areas already planned for mineral prospecting and exploitation.

Article 6. Foreign investors may provide international telecommunications services exclusively for Nam Can Economic Zone and decide by themselves charge tariffs in conformity with Vietnam's committed international integration roadmap.

Article 7.

1. The Prime Minister shall approve the whole special-use land and water surface areas for construction and development of functional areas and the non-tariff area within Nam Can Economic Zone. The People's Committee of Ca Mau province shall, in response to development requirements, allocate land in each period to the Management Board for construction and development of Nam Can Economic Zone under law.

2. Domestic organizations and individuals and overseas Vietnamese may be allocated or leased land. Foreign organizations and individuals may rent land to implement investment projects in Nam Can Economic Zone and have the rights and obligations corresponding to the mode of land allocation or lease under the land law.

Article 8. The construction of production and business support works, functional centers' infrastructure facilities, technical infrastructure facilities and public service and utility works within Nam Can 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 master plans on the location of defense works in the area.

Any historical or cultural relics discovered during 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 infrastructure in Nam Can Economic Zone; 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 Nam Can Economic Zone comply with current law and treaties to which Vietnam is a contracting party. -