Decision No. 21/2010/QD-TTg of March 03, 2010, promulgating the operation regulation of southeastern Nghe An Economic Zone, Nghe An province

DECISION

PROMULGATING THE OPERATION REGULATION OF SOUTHEASTERN NGHE AN ECONOMIC ZONE, NGHE AN 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 Southeastern Nghe An Economic Zone, Nghe An province.

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

The Operation Regulation of Southeastern Nghe An Economic Zone, Nghe An province, issued together with this Decision, replaces the Regulation issued together with the Prime Minister's Decision No. 85/2007/QD-TTg of June 11, 2007.

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

OPERATION REGULATION

OF SOUTHEASTERN NGHE AN ECONOMIC ZONE, NGHE AN PROVINCE
(Promulgated together with the Prime Minister's Decision No. 21/2010/QD-TTg of March 3, 2010)

Article 1. This Regulation provides for the scope, size, development objectives and organization and operation of Southeastern Nghe An Economic Zone, Nghe An province.

Article 2.

1. Southeastern Nghe An Economic Zone is located in the southeast of Nghe An province, covering 18 communes and wards, namely Nghi Hop, Nghi Xa, Nghi Long. Nghi Thuan, Nghi Dong, Nghi Hung. Nghi Quang, Nghi Thiet, Nghi Tien and Nghi Yen (Nghi Loc district); Dien Trung, Dien Thinh. Dien An. Dien Loc, Dien Tho and Dien Phu (Dien Chau district); and Nghi Tan and Nghi Thuy of Cua Lo township Southeastern Nghe An Economic Zone has a land area of 18,826.47 hectares.

2. Southeastern Nghe An Economic Zone, with functional areas, socio-economic technical infrastructure facilities and public-utility works, is within the national territory and under the national sovereignty but has an separate economic space and a favorable and equal investment and business environment with stable and long-term preferential and incentive policies and transparent management mechanisms to create favorable conditions for domestic and foreign organizations and individuals to feel secure when making investment in developing goods production and trading and service provision activities.

Article 3. Major development objectives of Southeastern Nghe An 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 Nghe An province and the northern Central Vietnam with a view to narrowing the gap between this region and other regions in the country.

2. To build and develop Southeastern Nghe An Economic Zone into an integrated, multi-sectoral and multi-functional economic zone, a breakthrough development area of Nghe An province, an important development pole in Central Vietnam, an international trade center, a industrial, tourist and commercial center, a major seaport in the northern Central Vietnam; and a large urban center of Nghe An province with a synchronous and modern infrastructure system and civilized urban centers with advanced architecture.

3. To form spearhead sub-sectors and products of high quality and competitiveness in industries, tourism, services and agriculture in order to facilitate the long-term development of Nghe An province and the northern Central Vietnam region.

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

Article 4. Vietnamese organizations and individuals of all economic sectors, overseas Vietnamese and foreign investors are encouraged to invest in Southeastern Nghe An 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. Southeastern Nghe An 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 connected with part of Cua Lo seaport:

b/ The tariff area is the remaining area of Southeastern Nghe An Economic Zone. In the tariff area, there are other functional areas such as the port and port logistics service area, 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 Southeastern Nghe An Economic Zone approved by the Prime Minister.

2. The Southeastern Nghe An 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 Southeastern Nghe An Economic Zone.

The planning and construction of Southeastern Nghe An 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 Southeastern Nghe An 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 Southeastern Nghe An Economic Zone shall be approved by the Prime Minister and allocated in one-off by the People's Committee of Nghe An province to the Management Board for organizing the construction and development of Southeastern Nghe An 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 Southeastern Nghe An 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 Southeastern Nghe An 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 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 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 Southeastern Nghe An Economic Zone comply with current law and treaties to which Vietnam is a contracting party. -