Decision 98/2009/qd-Ttg Dated: Functions, Tasks, Powers And Organisational Structure Of The Management Board Of The Hoa Lac Hi-Tech Park Directly Under The Ministry Of Science And Technology

Original Language Title: Quyết định 98/2009/QĐ-TTg: Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Ban Quản lý Khu Công nghệ cao Hòa Lạc trực thuộc Bộ Khoa học và Công nghệ

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DECISION functions, tasks, powers and organisational structure of the Management Board of the Hoa Lac hi-tech Park directly under the Ministry of science and technology _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the PRIME MINISTER pursuant to the law on organization of the Government of 25 December 2001;
High technology law base on November 13, 2008;
Pursuant to Decree No. 178/2007/ND-CP dated 3 December 2007 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies;
Pursuant to Decree No. 28/2008/ND-CP dated 14 March 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of science and technology;
Pursuant to Decree No. 99/2003/ND-CP dated 28 August 2003 the Government issued regulation of high-tech zones;
Considering the recommendation of the Minister of science and technology, the DECISION: article 1. The position and function 1. Management of Hoa Lac hi-tech Park (hereinafter the Management Board) is the Agency directly under the Ministry of science and technology, performing State management functionality directly for the Hoa Lac hi-tech Park (hereafter referred to as high-tech Zone) under the provisions of the law.
2. The Management Board is the equivalent Of the Bureau, has legal personality, a seal coat shape, is the estimation level I, is the clue was given the annual plan targets and was granted funding from the State budget, based in the city of Hanoi.
Article 2. Duties and powers of the management board performs the task, the following powers: 1. To build, the Minister of science and technology to the Government, the Prime Minister approved or enacted: a) the planning, the annual development plan, 5 year and long term for the high-tech zones;
b) mechanisms and preferential policies for high-tech zones conform with actual development conditions in each period and in accordance with the law;
c) mechanisms to attract, in particular remuneration policy for officers, public servants, officers and employees working in management.
2. The Minister of science and technology, the decision or approval issued: a) A group of projects using the State budget, ODA and capital projects to receive investment aid high-tech development zones in accordance with the law;
b) legal texts and other documents about the high-tech zones.
3. development planning and the annual budget estimate (investment and development expenditure frequently) sent the Ministry of planning and investment and the Ministry of Finance General under the provisions of the law on the State budget.
4. The State bodies are competent to decide on the frame and the prices, charges and fees in high-tech zones in accordance with the law.
5. Implementation, examine the implementation of legal documents, policies, planning, plan, project, projects, programs in the high-tech Zone after being approved by the authorized or issued.
6. Issued guidance documents about the expertise, professional, internal normative documents according to the provisions of the law.
7. On the management planning, development plans: a) to manage and implement the General Plan of construction after approval by the Prime Minister;
b) held up, approve, manage, monitor and implement detailed planning to build functional areas;
c) levels, adjust, revoke the certificate in construction planning for investment projects in high technology;
d) implementation plan to build high-tech development zones and after being approved by the authority.
8. Regarding the mobilization of investment, investment management and build: a) the Organization of investment promotion activities, trade, domestic and overseas promotion to attract the investment capital into high-technology Areas;
b) directing, organizing the construction of investment projects by the State budget in accordance with the law;
c) Is the owner of investments by the State budget is allocated to manage;
d) decided to invest the project to build the technical infrastructure, the implementation of the Authority's investment decision for the project group B, C according to the hierarchy or authorized by the Minister of science and technology; investment management for group projects A, B, C use State budget, ODA and capital projects receiving aid (if any) investing in high technology Area; signed the contract of BOT, BTO, BT as prescribed by law;
DD) Has approved comments with regard to the basic design of investment projects in high technology on the basis of the overall planning, detailed planning and in accordance with the law;
e) is the focal point to receive and manage the use of ODA to build technical infrastructure and high-tech Zones.
9. level, level back, adjusted, renewed, revoked certificates, licences and certificates are the following: a) investment certificates;
b) permits the establishment of trade representative offices of the organizations and individuals in the country and abroad;
c) construction permit;
d) work permits for foreigners, Vietnam people settled abroad working in the high-tech zones; shared labor for Vietnam workers working in high-tech zones;
DD) certificate of origin of goods;
e) the licenses, certificates in accordance with the law.
10. On the management, use land: a) assigned the land (including land and water) to the Organization construction and high technology development zones under the provisions and purpose of use of competent State agencies; handed back land to investors land lease under the provisions of the law;
b) in coordination with local authorities and relevant agencies to organize execution of the compensation, the clearance in high technology;
c) Organization of land use planning information, land use plan details for high-tech zones in accordance with the law;
d) for cases handed back land, land rental, not through land use rights auction or bidding for land use projects: decide the level of currency money land use, land lease, exemptions of land use tax money to the land (the land have no infrastructure) for each project in the area of high technology on the basis of the frame by the competent State agencies; decide the level of currency money uses the process of infrastructure investment by the State budget in the area of high technology when handed back land, lease the land;
DD) Organization of land use rights auction, bidding for the project, using the land for investment projects in an auction, the auction at the high-tech zones;
e) agreement with the business infrastructure in the valuation for the land rental has built the technical infrastructure, fees, service fees in accordance with the law.
11. On the management and protection of natural resources, the environment a) approval of the report on environmental impact assessment and endorse a commitment to protect the environment for investment projects in high technology Areas under the authority and in accordance with the law;
b) in collaboration with the Ministry of natural resources and the environment in managing, inspecting the implementation of measures to protect resources and the environment in the area of high technology; recommendations to the competent bodies handle violations of law natural resources and the environment.
12. On the management services and ensuring security, order: a) to manage the operations, business, service, use of the investments; directly manage, exploit, use and maintenance, maintenance of the technical infrastructure works by State investment in high-technology Areas;
b) approval rates, fees and charges apply in high-tech zones authorized and are collecting, managing, using the kind of fees prescribed by law;
c) presiding, in cooperation with local authorities and relevant agencies to promulgate regulations ensuring security, order, fire department, fire and make cultural lifestyle in the process of construction, management and exploitation of the works in the area of high technology.
13. On the Organization and management of high technology business incubator: a) decided the technology sector incubator, incubator and object forms the framework prescribed by law;
b) decide the form of support for organizations and individuals to join the incubator under the provisions of the law.
14. Cooperation with organizations and individuals in the country and abroad in accordance with the law.
15. Registration of labor regulations, collective labour agreements, the wage ladder system, payroll, planning to give employees training abroad under 90 days for business; report the competent State authorities about the situation, use, terminate the employment contracts of the business.
16. The organization, supports the training of human resources in high-technology Areas; construction of standard technology skills, organization and certification according to the standard of skill.
17. Management of organization, staffing and training for officers, servants, employees, employees working in management in accordance with the law.
18. In cooperation with the State Management Agency Inspector, check enterprises in high-tech Areas in the implementation of the provisions of the law; complaints, accusations, prevention of corruption, waste, negativity and handle violations of the law in the scope of governance under the rule of law.
19. Management, finance, use asset according to the provisions of the law.
20. Open account at the Treasury to collect revenues from the investment budget (if any), other revenues to maintenance, maintenance and investment in return for the high-tech zones according to the decision of the authorized State agencies.
21. Is the clue about the plan of science and technology; approval, directing the unit in the management of research topics, science projects and the application of scientific and technological progress.
22. Periodically, unscheduled reports the Prime Minister, the Minister of science and technology, the ministries and agencies concerned on the situation in investment, construction, development, management and operation of high-tech zones.
23. the implementation of the administrative reform in the high-tech zones under programs, administrative reform plan of the Ministry of science and technology.
24. Perform other duties and powers as the Minister of science and technology and in accordance with the law.
Article 3. Organizational structure 1. The administrative organization of Chief management help make state management functionality: a) the Office;

b) Planning Board-finance;
c) investment support;
d) Ban the planning, building and the environment.
The regulatory from point a to point d of this account is held. The establishment of the room by the head of the Management Board decided after the Minister of science and technology approved.
2. The business units: a) Training Center;
b) General Services Center;
c) business incubator to high technology;
d) project management and exploitation of the infrastructure.
3. Base mission requirements in each period, head of the Management Board of the Agency to have the authority to decide or decided to set up the management of the investment project and construction of business units is in accordance with the law.
Article 4. Leadership 1. Management Board Chairman and not more than 3 Vice. Head of the Management Board may by Deputy Minister of science and technology Chief.
2. the Chairperson and the Vice Chairperson by the Minister of science and technology appointed, dismissal, resignation under the provisions of the law.
3. The Management Board specifies the functions, duties and powers of the administrative organization and business units.
4. the Secretary of the management board responsible to the Minister of science and technology and the law on the overall activities of the Management Board. The Deputy Chief prefect and responsible before the law on the areas of the work assigned.
Article 5. The effect and enforcement responsibilities 1. This decision has the effect since September 15, 2009.
2. Annuls articles 2, 3, 4, and 5 of decision No. 10/2000/QD-TTg dated April 18, 2000-01 by the Prime Minister on the establishment management of Hoa Lac hi-tech Park directly under the Ministry of science, technology and environment and the previous provisions contrary to this decision.
3. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of Hanoi City and head of the Management Board of the Hoa Lac hi-tech Park is responsible for the implementation of this decision.

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