Quyết định 69/2011/QD-TTg

DECISION

PROMULGATING THE OPERATION REGULATION OF DINH VU-CAT HAI ECONOMIC ZONE, HAI PHONG CITY

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 proposed of the Minister of Planning and Investment,

DECIDES:

Article 1. To promulgate together with this Decision the Operation Regulation of Dinh Vu-Cat Hai economic zone, Hai Phong city.

Article 2. This Decision takes effect on February 1, 2012.

The Operation Regulation of Dinh Vu-Cat Hai economic zone, Hai Phong city, promulgated together with this Decision, replaces the Regulation promulgated together with the Prime Minister's Decision No. 06/ 2008/QD-TTg of January 10, 2008.

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

OPERATION REGULATION

OF DINH VU-CAT HAI ECONOMIC ZONE, HAI PHONG CITY
(Promulgated together with the Prime Minister's Decision No. 69/2011/QD-TTg of December 13, 2011)

Article 1. This Regulation provides the scope, size and development objectives, organization and operation of Dinh Vu Cat Hai economic zone, Hai Phong city (below referred to as Dinh Vu-Cat Hai economic zone).

Article 2.

1. Dinh Vu-Cat Hai economic zone has a natural land area of around 22,119.22 hectares, embracing Trung Ha, Thuy Trieu, An Lu, Ngu Lao, Phuc Le, Pha Le, Lap Le and Tarn Hung communes, and parts of Tan Duong, Thuy Son, Duong Quan and Thuy Duong communes, of Thuy Nguyen district; Vu Yen island; Trang Cat ward and Dinh Vu peninsula of Hai An district; and Cat Hai island, covering Van Phong, Hoang Chau, Nghia Lo and Dong Bai communes and Cat Hai township of Cat Hai district. It borders on:

a/ Lach Huyen estuary of Bach Dang river and the sea, to the east;

b/ Hoa Binh commune and the remaining area of Thuy Son, Thuy Duong, Tan Duong and Duong Quan communes of Thuy Nguyen district, Dong Hai 1 and Nam Hai wards and part Dong Hai 2 ward of Hai An district, and Lach Tray river, to the west;

c/ Gia river, to the north;

d/ The sea, to the south.

2. Dinh Vu-Cat Hai economic zone which consists of functional areas, socio-economic and technical infrastructure facilities and public utility service works within the national territory and under the national sovereignty, is a separate economic space with a favorable and fair investment, production and business environment, stable and long-term incentive policies and open management mechanisms favorable for domestic and foreign investors to develop production, business and services.

Article 3. Dinh Vu-Cat Hai 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 Hai Phong city, contributing to creating a driving force for socio-economic development in the northern sea and coastal areas, the Red river delta and the northern key economic region.

2. To build and develop Dinh Vu-Cat Hai economic zone into a multi-sectoral and -functional economic complex operating mainly for maritime economic development with port services being the key industry; a marine economy center in the northern coastal region and the whole country, which can facilitate modern international trade activities in the northern region and serve as a driving force and core for development and transformation of Hai Phong toward industrialization and modernization; and concurrently an industrial, financial and banking service, tourist and trade center of the region and country.

3. To build Dinh Vu-Cat Hai economic zone in line with the development master plans of Hai Phong city, the northern key economic region, the economic corridor of Kunming - Lao Cai - Hanoi - Hai Phong, and create a close link between the zone and Van Don economic zone of Quang Ninh province. To step by step build and develop Dinh Vu-Cat Hai economic zone into a key spot of development in northern Hai Phong with industrial parks, and marine-based industries, services and tourism and other marine-based industries as an important function of the economic zone for effective development; to form tourist resorts offering unique tourist products, and develop port economy, the non-tariff area, Dinh Vu and Lach Huyen seaports, urban residential areas and other public places.

4. To concentrate on building modern and synchronous physical and infrastructure foundations in Dinh Vu-Cat Hai economic zone.

5. To form key sub-sectors and products of high quality and competitiveness in industries, tourism, services and agriculture; to develop the production of quality and competitive products; to boost export and expand export markets around the world in order to generate momentum and force for long-term development of Hai Phong city and the northern region.

6. To create jobs, and train and raise the quality of human resources in the region to meet the economic zone's human resource demand.

7. To develop Dinh Vu-Cat Hai economic zone in association with environmental protection and sustainable development; to combine socio-economic development with security, defense and social order and safety maintenance, contributing to firmly preserving national sovereignty and territorial integrity.

Article 4. Vietnamese organizations and individuals of all economic sectors, overseas Vietnamese and foreign investors are encouraged to make investment in Dinh Vu-Cat Hai 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. Dinh Vu-Cat Hai economic zone has two main functional areas: a non-tariff area and a tariff area.

a/ The non-tariff area accommodates an export-processing zone;

b/ The tariff area is Dinh Vu-Cat Hai economic zone's remaining area, which embraces other functional areas such as a port and a port logistic service area, a service-tourist resort, a recreation and entertainment center, an industrial park, an urban center and an administrative center;

c/ The size and location of each functional area are identified in the master plan on Dinh Vu-Cat Hai economic zone construction approved by the Prime Minister.

2. The Hai Phong Economic Zone Management Board (below referred to as the Management Board) may hire foreign consultancy companies to join in making detailed plans on functional areas such as the urban center, non-tariff area, tourist resort and others in conformity with the master plan on Dinh Vu-Cat Hai economic zone construction.

The planning and construction of Dinh Vu-Cat Hai 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 Vu-Cat Hai economic zone under the telecommunications law and international commitments to which Vietnam is a contracting party.

Article 7.

1. All land and water surface areas exclusively reserved for building and developing functional areas and the non-tariff area in Dinh Vu-Cat Hai economic zone shall be approved by the Prime Minister. The People's Committee of Hai Phong city shall allocate land on a one-off basis to the Management Board for construction and development of Dinh Vu-Cat Ilai economic zone under law.

2. Domestic and overseas Vietnamese investors may be allocated or leased land. Foreign investors may rent land to implement investment projects in Dinh Vu-Cat Hai 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 Vu-Cat Hai 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 Heritage.

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, trade, labor and environmental protection; operation of the non-tariff area; and entry into, exit from and residence within Dinh Vu-Cat Hai economic zone comply with current applicable laws and treaties to which Vietnam is a contracting party.-