The Decree 164/2013/nd-Cp: Modifying, Supplementing A Number Of Articles Of Decree No. 29/2008/nd-Cp Dated 14 March 2008 The Government's Regulations On Industrial Zones, Export Processing Zones And Economic Zones

Original Language Title: Nghị định 164/2013/NĐ-CP: Sửa đổi, bổ sung một số điều của Nghị định số 29/2008/NĐ-CP ngày 14 tháng 3 năm 2008 của Chính phủ quy định về khu công nghiệp, khu chế xuất và khu kinh tế

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THE GOVERNMENT.
Number: 164 /2013/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 12, 2013

DECREE

Modify, add some of the provisions of the Digital Protocol 29 /2008/NĐ-CP March 14, 2008

of the Government of the Government,

The manufacturing sector and the economic zone.

________________

Government Law Base December 25, 2001;

The Investment Law Base November 29, 2005;

Corporate Law Base November 29, 2005;

On the recommendation of the Minister of Planning and Investment,

The government issued the revised decree, adding some of the provisions of the Protocol. 29 /2008/NĐ-CP March 14, 2008 by the Government of the Government of the United States, on the Industrial Zone, the manufacturing sector and the economic zone.

What? 1. Modified, add some of the provisions of the Digital Protocol 29 /2008/NĐ-CP March 14, 2008 by the Government Regulation of Industrial Zone, Manufacturing Zone and Economic Zone:

1. Fix 4, paragraph 5 and add 8 Articles 2 as follows:

" 4. The coastal economic zone is an economic zone that forms in the coastal area and the coastal area of the coastal area, established under the conditions, sequence and procedures stipulated at the International Protocol. 29 /2008/NĐ-CP.

The store economy is an economic zone that formed in the land border area and adjacent land of the land border area with an international door or main store and was established under the conditions, sequence and procedures stipulated at the International Protocol. 29 /2008/NĐ-CP.

The coastal economic zone, the regional economic zone is collectively known as the economic zone, except for the specific regulation case. "

" 5. The industrial land area is the land area of the industrial zone to lease the investment, which rents out the production investment project, the business in the industrial zone, defined in the construction of the construction details of the industrial zone built by the state agency. The authority to approve. "

" 8. The filling rate of the industrial zone is the percentage (%) of the industrial land area that has been leased to the investor, renting to operate business production on the industrial land area of the industrial sector. "

2. Modified, add Article 5 as follows:

" Article 5. The Certificate of Investment Certificate of Investment for New Investment, expansion of the Industrial Zone

1. Level Conditions Certificate of investment project investment and construction business infrastructure:

-In line with the overall planning of industrial development; planning, land use plans have been approved by the authority.

-The industrial land area of the industrial districts was established on the province's territory, the Central City of Central City for investment registration projects, issued a lease of the land, renting the land at least 60%.

2. Level A Certificate of Investment Certificate of Industrial Area:

-In line with the overall planning of industrial development; planning, land use plans have been approved by the authority.

-The industrial zone has a minimum filling rate of 60%.

-The industrial zone has built and entered into the use of centralized wastewater treatment.

3. For the industrial zone to scale an area of 500 hectares or more and there are many investors involved in construction investment-the business of infrastructure in separate quarters or industrial zones tied to the urban area, the other focused business district in a single market. The overall project was to set up a joint planning process under the guidelines of the Ministry of Construction before the planning of the details.

4. For the industrial zone that has a scale of an area of 200 hectares or more of its location next to the national highway, near defence areas, historic site preservation, scenic zone, ecological reserve of the region and country, located in the metropolitan area. Type II, type I and special types must have a written opinion of the Ministry of Construction, Ministry of Planning and Investment and ministries, the relevant planning industry for the construction of the industrial sector before the Provincial People's Committee approved.

5. The established industrial complex and the extension of that industrial zone with no co-owner of infrastructure development, the investment certification conditions for the construction and business investment business project was imposed on the site. It ' s like a condition for a new established industrial complex in this one thing.

6. Profile, sequence, procedure, authority to decide the establishment and expansion of the field of execution by regulation at Article 8, 10 and 15 of the Digital Protocol. 29 /2008/NĐ-CP. "

3. Amendment 2 and paragraph 5 Article 6 as follows:

" 2. In accordance with economic-economic development planning; planning, national land use planning; regional and urban construction planning; infrastructure planning; planning for mineral use and other resources. "

" 5. Ensure consistent with defense layout, defence requirements, security, environmental protection, natural resources and historical, cultural heritage. "

4. Fix 1 Article 8 as follows:

" 1. The procedure of issuing an investment certificate to the construction and business investment project of the industrial sector implemented by law on investment:

Whether the industrial zone or extension of the industrial zone is in the Industrial Development Authority, or whether it is approved by the General Planning of the Economic Zone, the Department of Planning is approved by the Department of Planning. and investments and ministries, the relevant sector in the process of making investment procedures for infrastructure construction and business infrastructure projects.

Where the industrial zone or extension of the industrial zone is not yet in the approved industrial development of the industrial zone, the Provincial People's Committee performs additional procedures or expansion of the industrial zone into the Development of Development. The industrial zone is under regulation at Article 6 and Article 12 Decree. 29 /2008/NĐ-CP. "

5. Fix 1 Article 9 as follows:

" 1. In the establishment case, the expansion of the economic zone included in the approved economic development of the Economic Zone, the Ministry of Planning and Investment made the decision to establish the establishment, expanding the economic zone by regulation at Article 13 of this decree.

The established case, expanding the unincorporated economic zone in the approved economic zone development of the approved economic zone must implement additional procedures or expand the economic zone into the economic zone development of the Economic Zone under the rule of law, approval and management of the overall economic development planning-society, which has the ability to meet the conditions of regulation at Article 7 of the number of global economies. 29 /2008/NĐ-CP. "

6. Modified paragraph 2 Article 14 as follows:

" 2. In the process of planning the construction of the industrial zone, the case of the actual area of the industrial sector after measuring the inequality below 10% compared to the planned area was approved but not more than 20 hectares, before approval of the Cost Regulation. Construction of the industrial zone, the People's Committee of the Provincial People's Department of Planning, Planning and Investments, Ministry of Planning and Investment and the decision to adjust the planning area in accordance with the actual area without the Prime Minister. "

7. Modified Article 18 as follows:

" Article 18. Appearance, entry, travel and residence, temporary residence in the economic zone.

1. Foreign people, Vietnamese settlers residing abroad working, investing in investment, business in the economic zone and their family members are granted a visa, entry is valued multiple times and have a prescribed dead-term; to be temporarily discharged, often at the same time. in the economic zone and in Vietnam by law on residence and law, immigration, immigration, and foreign residents in Vietnam.

2. For the retail area of the store, the arrival, entry and residence is carried out by the following regulation:

a) Citizens of the neighboring district of the neighboring district has a border with the economic zone that is passed through the economic zone of the border by a border travel paper issued by the authorities of neighboring countries and other valid documents by law, In accordance with the international treaty between Vietnam and the neighboring country; the case wants to enter other regions of the province with a gateway economy, the office of public safety in the province grants one time, which is valid for a certain time.

b) The passport holders are not visa-free (as citizens of the neighboring country or third country), which are exempt from entering and reside in the store economy, the retention period is no more than 15 days; if travel to another area of Vietnam. It is organised by Vietnam's international traveller's international traveller business, which has the authority to enter a visa-based immigration jurisdiction in the store economy.

c) The cargo transport of neighboring countries and the third country is entered into the market economy by business contracts of foreign partners with the Vietnamese business, implementing the provisions of the Road Transport Agreement, the waterway between Vietnam and Vietnam. Men with countries that share borders, take control, control, monitor the functions of the functional forces at the mouth. In the case of these transport vehicles, there is a need for the delivery of goods at locations other than the location of the store economy, and it has to be done according to the current regulation.

The vehicle operator (boat on the ships, driving, sub-vehicles) is out of the store 's economy by passport, boat book, border passport, or other valid paperwork provided by the authority of the foreign country, in accordance with the treaty' s wish. International relations between Vietnam and Vietnam.

d) Allow the expansion of the traveler ' s travel to travel by passport, card, or other equivalent papers in the store economy to travel to the provinces, cities in the country by regulation of Section 2 This.

The owner, the media owner of Vietnam, has a business relationship with neighboring countries allowed to bring goods and vehicles to neighboring countries to communicate goods with border travel paper or other valid papers issued by the agency. Vietnam ' s rights are granted.

e) The citizens of Vietnam do business, living on a commune, ward, town with a gateway economy to neighboring countries by border travel paper or other valid papers in accordance with the international treaty between Vietnam and neighbouring countries. if this country agrees. "

9. Amendment 2, paragraph 3, paragraph 5 and add 7 Articles 21 as follows:

" 2. The manufacturing sector or manufacturing business is separated from outside territory by wall-wall systems, with gates and doors, entering, ensuring conditions for inspection, supervision, control of customs and related authorities.

3. Construction business is purchased by building materials, stationing, food, food, consumer goods from the interior of Vietnam to build the building, which serves to run the office and living machine office of the cadres, workers working at the business.

The manufacturing business, the sales person for the manufacturing business is selected to implement or do not perform export, import and customs procedures for building materials, stationing, food, food, consumer goods from Vietnam. "

" 5. The manufacturing business is sold into the financial asset's domestic market and the goods are defined by law on investment and commerce. Commodity exchange relations are produced by manufacturing, manufacturing businesses with other areas of Vietnam, except for the non-tariff zone, which is the export, import and export relations. "

" Seven. The manufacturing business is granted a Business License which operates sales of goods and direct related activities to the sale of goods in Vietnam to establish its own branch outside the manufacturing business, the manufacturing sector to carry out this operation.

The Ministry of Finance, Ministry of Commerce, Ministry of Planning and Investment Guide this Article. "

10. Additional Article 21b and Article 21c after Article 21 as follows:

" Article 21b. The powers, the obligations of the operating business in the industrial zone, the economic zone and the construction investor and the structural business of the industrial sector, the economic zone.

1. Enterprise operates in the industrial zone, economic zone and construction investor and business of infrastructure infrastructure, the fully qualified economic zone, investor obligations under the rule of law on investment, business, and law, and investments in the business sector. It's relevant.

2. Construction investor and business sector infrastructure business, the rental pricing economy, the land rental that has built up the technical infrastructure structure, the types of fees that use other relevant infrastructure in accordance with the rule of law and register with the Board of Management. about the price frame and the fees. The registration of the price frame and the execution fee is periodically 6 months or in the event of another adjustment than the registered price bracket.

3. Make financial obligations to the State.

4. Do the accounting regime, statistics, insurance pursuits to the rule of law.

5. Compliance on security regulations, order, safety of labor, corporate culture, industrial hygiene, environmental protection, environment and fire prevention, explosions. Coordinating with the Public Security and Local forces building the explosive fire prevention method, security assurance, order, social safety in the area.

6. Make a monthly report, quarter, year on the operating situation of the business to send the Ministry of Planning and Investment, the Provincial People ' s Committee and the Management Board and other specialized reports at the requirements of the ministries, the relevant sector.

" Article 21c. Housing development for industrial sector workers, the economic zone.

1. The state encourages households, individuals who invest in building housing so that the subjects are workers in the rented industrial areas.

2. Home in the household, the individual built to lease the regulation at paragraph 1 This must ensure the standard of the area, the quality of the building, the aesthetics, the safety and the environment.

3. The People ' s Committee is responsible for facilitalizing workers to use health, cultural, social services on the site.

4. The housing plan for the industrial sector workers is tied to the planning of industrial zones on the site. The People's Committee of the Provincial Planning and Layout Fund is in a suitable position for agencies, organizations, businesses to build homes for workers in the industrial sector. In the course of the implementation of the Certificate of Investment Certificate for the construction project and business sector infrastructure, construction and business sector infrastructure infrastructure must report a resolution of the resolution of the settlement. For the workers of the industrial sector.

5. For industrial areas that have difficulties in housing for workers, based on specific conditions, on the basis of the investment building and construction business of the industrial sector infrastructure, the Provincial People 's Committee regulates the construction details of the building' s construction. building an industrial area to spend part of the industrial area of the industrial area has been liberated by the investment of building social housing for workers after having a unified opinion by the Ministry of Construction, the Ministry of Planning and Investment and the implementation of the capital. You know, you can adjust the area of industrial planning by regulation.

In the case of the residential development planning area adjacent to the industrial zone, the Provincial People's Committee approved the construction of the construction of the industrial complex attached to the construction of the housing sector for industrial workers.

The Ministry of Construction, Ministry of Planning and Investment Guide this Article. "

11. Add to paragraph 8, paragraph 9 and paragraph 10 on Article 24 as follows:

" 8. Presiding, in collaboration with the Ministry of Internal Affairs Building the Functional Guidance, the mandate, the authority, the organizational structure of the Management Board.

9. The construction chair of the project to sue the entire industrial state management machine, the economic zone from the Central to the Local.

10. The guidelines for the implementation of the report regime, the statistics on the industrial zone, the economic zone. "

12. Add to paragraph 4, paragraph 5 on Article 25 as follows:

" 4. Coordinate with the Ministry of Planning and Investment Building the Functional Guidance, mandate, authority, organizational structure of the Management Board.

5. Coordinate with the Ministry of Planning and Investment Building the entire industrial zone management machine, the economic zone from the Central to the Local. "

13. Add to paragraph 3 on Article 27 as follows:

" 3. The proxy guide to the Management Board performs state management duties on regulation of regulation at paragraph 2 Article 37 of the number of states. 29 /2008/NĐ-CP modified, complemated at this decree and some of the duties of state management of construction in the industrial zone, the economic zone under the rule of construction legislation. "

14. Amendment 2 and paragraph 3 Article 28 as follows:

" 2. The mandate for the Board of Management issued the export of goods produced in the industrial zone, the economic zone; level, reissue, modification, and extension of the license to establish the trade representative office of the organization and foreign traders based in the United States. Business district, economic zone; level of certificates that receive business conditions in terms of business limited items, business conditions under the law.

" 3. The guidelines for the Board of Management, resupply, modification, the addition of Business License to the purchase of goods and activities related directly to the sale of goods to the business have foreign investment capital and foreign investors invested in the business sector. A career, an economic zone. "

15. Modified paragraph 3 Article 29 as follows:

" 3. The proxy guide to the Management Board performs a state management mission on the regulatory environment at paragraph 2 Article 37 of the number. 29 /2008/NĐ-CP modified, complemated at this Decree and a number of state management duties on resources and the environment in the industrial zone, the economic zone according to the regulation of the environmental protection legislation. "

16. Modified Article 31 as follows:

The proxy guide to the Board of Management performs the state management task of the regulation of regulation at paragraph 2 Article 37 of the number. 29 /2008/NĐ-CP modified, added at this Decree and some of the state management duties on labor at the industrial zone, the economic zone under the law of labor law, and the government.

17. Add to 3 Article 32 as follows:

" 3. The presiding officer, in collaboration with the Ministry of Defense, carried out the implementation of the regulations on the appearance, entry, transit, residence for foreigners in the economic zone. "

18. Additional Article 32a as follows:

" 32a. Powers, responsibilities of the Ministry of Defense

1. Perform the state administration of defence and coordination with the Ministry of Public Security in the protection of national security, maintenance of order, social safety in the economic zone, the economic zone of the store and the port-port of the economic zone under the rule of law.

2. Directed, instruct the Department of Border Defense, layout, use of force, coordination vehicles carrying out the task of controlling export, entry, inspection, control, surveillance, surveillance on people, vehicles, operations in the store and store economy. Seaport of the economic zone.

3. Coordinate with the Ministry of Public Security to implement the provisions of the law on the appearance, entry, transit, residence for foreigners in the economic zone. "

19. Corrects 2 Article 33 as follows:

" 2. The authorship to authorize the Board of Management, resupply, modification, addition and extension of the license to establish a representative office, branch in the economic zone for foreign tourism business. "

20. Additional Article 33a as follows:

" 33a. Jurisdiction, State Manager of the Government of the Government

In coordination with the ministries, the industry is concerned with the guidance of inspection activities on industrial zones, the economic zone. "

21. Fix 2 and add paragraph 3 to Article 37 as follows:

" 2. The Management Board performs the following tasks by the rule of law:

a) Management, disseminwards, guidelines, tests, monitoring of the implementation of regulation, planning, planning, related to the industrial zone, the economic zone was approved by the state agency;

b) Register of investments; judges and levels, corrections, revoking investment certificates to investment projects under the jurisdiction of the law on investment;

c) Coordinated with the authorities as authorities organize the inspection of regulatory implementation, planning, planning related to the industrial zone, the economic zone;

d) Check, oversee the implementation of the regulatory target of regulations at the Investment Certificate, advance to capital, and the deployment of investment projects; the implementation of the terms of commitment to projects that benefit investment and the acceptance of the law of construction. building, labor, wages, social insurance for workers, protecting the legal rights of workers and employers, the activities of political-social organizations, anti-explosive, security-order prevention, ecological environment protection, security, and security. for projects in the industrial zone, the economic zone; the offer of sanctions on the prescribed violation by regulations on cases of violations of the areas of the sector. the management scope for the industrial zone, the economic zone;

In cooperation with the Security Council in the inspection of security, order, construction, and proposals for security, order, security, security, fire, fire, fire, fire, fire, fire, fire. Yeah, the economy.

e) addressing the difficulties, the entanging of investors in the industrial zone, the economic zone and the Prime Minister 's petition, the ministries, the relevant sector and the Provincial People' s Commission addressed the issues of excess authority;

g) Take up the statistical report, financial statements of the operating business in the industrial zone, the economic zone; assessment of investment efficiency in the industrial zone, the economic zone;

h) Coordinated with the Ministry of Planning and Investment in the construction and management of information systems on the industrial zone, the economic zone under management jurisdiction;

i) Periodic Reporting with the Ministry of Planning and Investment, Relevant Ministries and the Provincial People's Committee on the situation: Construction and development of the industrial zone, the economic zone; implementation of the granting, adjustment, recovery of investment certificates; deployment and operation The investment project of the investment project; implementation of obligations to the state; attracting and using labor; implementing the provisions of the labour law and the settlement of labor disputes and the implementation of ecological environmental protection measures in the industrial zone, the region. economics;

l) Organization of the competition competition and praise for the business in the industrial zone, the economic zone;

l) Organization and coordination with the state governing bodies in the inspection, inspection, settlement of complaints, denouncing, defence, anti-corruption, waste, negation and disposal of administrative violations in the area;

m) Performing tasks by law and regulation of the Provincial People's Committee on Financial Management, Property, Budget, and Management using the use of fees, fees; scientific research, scientific progress application, technology; cooperation, and management. working with organizations, domestic and foreign individuals on fields that are related to the investment of construction and development of the industrial zone, the economic zone; management of the organization of machinery, payroll, cadres, civil unions, officials and training, fostering of expertise, career and business. the case for cadres, civil officials, the official Board of Management; the introduction of employment to labor workers working in the industrial zone, the economic zone;

n) perform other tasks assigned by the People's Committee. "

" 3. The Management Board performs the following duties under the mandate and guidance of the ministries, the industry, the Provincial People ' s Committee and the state authority that has jurisdiction:

a) Level, reorder, modification, addition and extension of the license to establish the trade representative office of the organization and foreign traders based in the industrial zone, the economic zone; Business License for the operation of goods and operations. connected directly to the sale of goods to businesses with foreign investment and foreign investors investing in the industrial sector, the economic zone; Certificate of sufficient business conditions for business limited items, conditional business;

b) Level the certification of goods recognizing the goods of goods produced in the industrial sector, the economic zone;

c) regulating the approved construction details of the industrial zone, the functional areas in the economic zone but does not alter the functionality of the land use and planning structure; the basis of the basis design for group B, C or level projects, The construction of construction permits for construction work must have a construction permit under the provisions of the law on project management investment project management;

d) Level, reissued, revoking the labor permit for labour as foreign citizens to work in the industrial zone, the economic zone; registration of labor content; reception of the collective labor agreement; reception of the wage, payroll, labor level; registration, etc. plan to bring workers to practice abroad less than 90 days for the business in the industrial zone, the economic zone;

e) Level a number of licenses, certificates, other certification in the industrial zone, the economic zone;

g) Confirification of the contract, the text of the estate in the industrial zone, the economic zone for the relevant organization; reception of the land lease register, land rental and industrial sector infrastructure, the economic zone of the construction investor and the combined business. The infrastructure of the industrial sector, the economic zone.

h) The organization performs the appraisal and approval of the environmental impact assessment report on the decision-to-decision investment project of the Provincial People's Committee in the industrial zone, the economic zone; the confirmation level for registered regionship objects. committed to protecting the operating environment in the industrial zone, the economic zone; the appraisal, approval and inspection, which confirms the detailed environmental protection project and the simple environmental protection scheme for projects in the industrial zone, the economic zone;

" 4. The Management Board is the head of investment management in the industrial sector, the economic zone on the site. The ministries, the industry, the local state governing body when deploying specialized tasks at industrial zones, the economic zone is responsible for coordinating and taking the initiative of the Board of Management, ensuring the management of the industrial zone state, the area of the region. the unified economy, avoiding overlapping and facilitalization of the business that operates under the rule of law. "

What? 2. Effect of execution

1. This decree has been in effect since 1 January 2014.

2. In the six-month period since the Decree is in effect, the ministries, the relevant sector that are responsible for guidance or authorization of the Provincial People ' s Committee, the Management Board performs the prescribed duties at this Decree.

What? 3. Responsibility

The ministers, peer-to-peer agencies, government ministers of the Government, Chairman of the Provincial People ' s Committee, the Central Committee of the Central Committee, Head of the Department of Industrial Sector Management, the manufacturing district, the economic zone and organizations, the individual is responsible. This is the execution of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung