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Decree 29/2008/nd-Cp: Regulations For Industrial Parks, Export Processing Zones And Economic Zones

Original Language Title: Nghị định 29/2008/NĐ-CP: Quy định về khu công nghiệp, khu chế xuất và khu kinh tế

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Decree on industrial zones, export processing zones and economic zones _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on investment of 29 November 2005;
Pursuant to the law of business on November 29, 2005;
Commercial Law base on June 14, 2005;
Considering the recommendation of the Minister of planning and investment.
DECREE: Chapter 1: GENERAL PROVISIONS article 1. Scope and objects 1. This Decree regulates the establishment, operation, policy and governance for industrial parks, export processing zones, economic zones, border gate economic zones.
2. The object of this Decree apply include: State management agencies, organizations, individuals related to investment activities and business production in industrial zones, export processing zones, economic zones, border gate economic zones.
Article 2. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. Industrial area producing industrial goods and performed services for industrial production, have defined geographic boundaries, established under the conditions, the sequence and procedures specified in this Decree.
2. Export processing zones is specialized in manufacturing industrial zone exported goods, perform services for export production and export activities, geographical boundaries are identified, established under the conditions, the sequence and procedures applied to industrial areas specified in this Decree.
Industrial zones, export processing zones are referred to as industrial zones, unless otherwise specified.
3. Economic Zone is the area having separate economic space with the business and investment environment is especially advantageous for investors, have defined geographic boundaries, established under the conditions, the sequence and procedures specified in this Decree.
The economic zone is organized into functional areas including: the tax-free, tax, export processing zones, industrial parks, recreation, tourism, urban, residential, administrative and other functions consistent with the characteristics of each economic zone.
4. gate Economic Zones as economic zone formation in land border areas have international or main gate and was established according to the conditions, the sequence and procedures specified in this Decree.
Economic area, gate economic zones are referred to as economic zones, unless otherwise specified.
5. An area of industrial land is land of industrial infrastructure was built to let investors to hire, rent back investment projects in manufacturing, business in the industrial area.
6. export processing business is business was established and operating in the export processing zones or export all products operating in the industrial zone, the economic zone.
7. the overall planning of industrial development, the economic zone on the nationwide is planning was established and approved under the provisions of the law of creation, approval and management of the overall socio-economic development and specified in this Decree.
Article 3. Apply specialized laws and international treaties 1. Investment activity in the industrial, economic zones are specified in legal specialization then follow provisions of legal specialization.
2. where international treaties relating to investments which Vietnam is a member have other regulations with the provisions of this Decree shall apply according to the provisions of international treaties.
Chapter 2: the SEQUENCE and PROCEDURES ESTABLISHED INDUSTRIAL and ECONOMIC ZONES article 4. The overall planning of industrial development, economic zones 1. Strategy and planning base for economic development-society; land use planning of the country and of the provinces, the central cities, the Ministry of planning and investment to host, in cooperation with the ministries and people's committees of provinces and cities under central Government (hereinafter referred to as the provincial people's Committee) involved building and the Prime Minister approved the master plan for the development of industrial zones the economic zones.
2. the overall planning of industrial development, the economic zone was approved as a base to consider the establishment of industrial zones, the economic zone; construction planning, investment and development plan of infrastructure systems engineering and social infrastructure that serves the development of the industrial zone, the economic zone.
Article 5. Conditions established, expanding industrial zone 1. Conditions established industrial zones: a) fit in with the overall planning of industrial development zones have been approved;
b) total land area of the industrial zone was established on the territory of the province, central cities have projects for investment, registry certificate investing land rental, leasing the land for at least 60%.
2. the expanded industrial conditions: a) fit in with the overall planning of industrial development zones have been approved;
b) the total area of industrial land in industrial zones has for projects of investment, registry certificate investing land rental, leasing the land for at least 60%;
c) industrial area has built and put into operation the waste water treatment facilities.
3. for industrial-scale area from 500 hectares or over and have many investors participate in construction-infrastructure business as separate areas or industrial zones associated with municipalities, the business focus in an overall scheme to the general planning of construction under the guidance of the Ministry of planning before construction details.
4. for industrial-scale area from 500 ha or located next to highways, near the areas of Defense, historical conservation area, scenic areas, ecological reserves of the region and the country, located in the municipality type II, type I and type in particular must have the written opinions of the Ministry of construction and the Ministry of relevant departments about the detailed planning in the construction industry before provincial people's Committee for approval.
Article 6. Additional industrial conditions into overall planning industrial development 1. The total land area of the industrial zone was established on the territory of the province, central cities have projects for investment, registry certificate investing land rental, leasing the land for at least 60%.
2. Consistent with the master plan of socio-economic development; land use planning of each locality, the construction and planning of the municipality; infrastructure-planning techniques; planning the use of mineral and other resources.
3. Have the favorable conditions or have the ability to build technical infrastructure and social infrastructure, leverages and closely match between industrial development planning with the planning of urban development, population distribution, housing and social work service of the workers employed in the industry.
4. Eligible to develop industrial zones include: a land reserve fund) had to develop and link the industrial clusters;
b) have the ability to attract the investment of domestic investors and foreign investors;
c) have the ability to provide and respond to the demand for labor.
5. Make sure fits the layout of Defense and defense requirements, security.
Article 7. Conditions established, extended economic zones 1. Conditions to establish economic zones: a) fit in with the overall planning of the economic development zones have been approved;
b) Have positive geographic location back to the economic development of the area (there are deep water sea port or near), convenient connection with the junction the lifeblood of the country and internationally; easy control and convenient communication with in the country and abroad; There are favorable conditions and resources to invest and develop the technical infrastructure;
c) has the area from 10,000 hectares and over and meet the requirements of the general development of the economic zone;
d) capable of attracting investments, projects with large scale, importance and impact to the social-economic development of the area;
DD) have the ability to promote and create potential development impact to the surrounding area;
e) No negative impacts to the natural reserve; not bad influence and damage to the cultural heritage objects, landscapes, architectural populations had historical value, aesthetics, science; consistent with the layout and ensure national defense, security; condition to ensure the requirements of the environment, environment and sustainable development.
2. conditions established gate economic zones: a) fit in with the overall planning of the economic development zones have been approved;
b) Have international or main gate specified in Decree No. 32/2005/ND-CP dated 14 March 2005 by the Government on the regulations for land border crossings; including the adjacent administrative unit, not separate from space;
c) favourable connection with the junction of the country's lifeblood; convenient exchanges with neighboring countries through land border of your country; There are favorable conditions and resources to invest in technical infrastructure;
d) meet the requirements of general development of gate economic zones include the trade, import and export, re-export, import temporarily goods transit transport, industrial production, tourism, and services; have the potential to promote conditions in place and the surrounding region; have the ability to trade development and investment attraction;
DD) mounted between the economic development with the hold the political, security, social safety and order, protection of national sovereignty in the border areas;
e) No negative impacts to the natural reserve; not bad influence and damage to the cultural heritage objects, landscapes, architectural populations had historical value, aesthetics, science; condition to ensure the requirements of the environment, environment and sustainable development.
3. Conditions of extended economic zones: a) the entire system of economic zones and infrastructure investment has been completed according to the General Plan of building the economic zone;
b) Have at least 70 percent of the properties function in the economic zone has been delivered or for organizations, individuals hired to perform the project.

4. Economic Area is organized into functional areas as defined in paragraph 3 article 2 of this Decree. Area, the location of each of the functional areas identified in the overall planning of the economic zone due to the Prime Minister for approval.
Article 8. The order founded, expanding the industrial zone 1. The certification procedure of investment investment for the construction of investment projects and business infrastructures of industrial zones follow the provisions of the law of investment: the case of industrial or industrial expansion has in the overall planning of industrial or development zones in the overall planning for the construction of the economic zone was approved by the Agency Investment certificates make investment procedures for construction projects and infrastructure business that is not the prime investment undertakings approved, allowing the establishment of industrial zones;
The case of industrial or industrial expansion is not yet in the overall planning of industrial development was approved by the provincial people's Committee to implement additional procedures or expand industrial areas into overall planning of industrial development under the provisions of article 6 and article 12 of this Decree.
2. Decides to establish, expand industrial zones: a) the profile established, industrial expansion was created under the provisions of article 10 of this Decree, b) decided to set up industrial expansion, as defined in clause 2 article 15 of this Decree.
Article 9. The order founded, expanding economic area 1. The case established, expanding economic area have in the overall planning of the economic development zones have been approved by the Ministry of planning and investment to make the evaluation procedures established, expanding economic area as defined in article 13 of this Decree.
The case established, expanding economic area is not yet in the overall planning of the economic development zones have been approved to perform additional procedures or extended economic zone into the overall planning of the economic development zones according to the provisions of the law on the establishment, approval and management of the overall socio-economic development.
2. Decides to establish, extend the economic zone a) profile established, extended economic zones are established in accordance with article 11 of this Decree;
b) decide to establish, extend the economic area as defined in paragraph 1 article 15 of this Decree.
Article 10. Profile established, expanding industrial zone 1. The text of the proposal on the establishment of investment, expansion of the industrial park.
2. Decides to approve the detailed planning of the construction industry of the provincial people's Committee.
3. investment certificate issued to investors make investment projects developed industrial infrastructure.
4. The record was 4, including 1 set of original records, filed with the Board of management of industrial zones, export processing zones, economic zones (hereinafter referred to as the Management Board, unless otherwise specified) or the Department of planning and investment (for those not yet established local management board).
5. within 10 working days of receiving a valid profile, Board of management or the Department of planning and investment (for those not yet established local management) the provincial people's Committee in the formation, expansion of industrial parks. Within 10 working days of receiving a valid profile, provincial people's Committee decided to expand the industrial zone, as defined in clause 2 article 15 of this Decree.
Article 11. Profile established, extended economic zones 1. The project established, extended economic zones include the principal content: a) the need for and the legal base of the construction of the economic zone;
b) reviews the elements and conditions of its geographical location, natural resources, social-economic, the advantages and limitations of the projected area in the construction of economy;
c) reviews and explanations about the ability to meet the conditions referred to in article 7 of this Decree;
d) expected development trends include: the development, nature and function of the economic zone; the development direction of fields; development orientation of the functional areas; land use planning orientations in the economic area;
DD) expected total investment, the method of raising capital to invest in infrastructure system the economic zone; the time of establishing the economic area; plan and roadmap development and construction of the economic zone;
e) environmental impact assessment;
g) propose solutions and implementation;
h) express the economic planning approach on the planning map.
2. Prime the Sheet of the provincial people's Committee suggested establishing, expanding economic zone.
3. The record was established 10 ministries, including at least 2 sets of original records (1st record the original Prime and 9 record filed with the Ministry of planning and investment to appraisal according to the provisions of article 13 of this Decree).
Article 12. Additional industrial profile on the overall planning of industrial development 1. The project of development of industrial zones in the territory of the central cities, with some of the main content as follows: a) the necessity and legal bases of the addition planned;
b) reviews the implementation and expected directions of social-economic development, industrial development on the territory of the province, central cities;
c) reviews the current state of the construction and development of industrial zones were established and planned in the territory of the province, central cities;
d) the name, location, area, the status and the specific development conditions of each expected industrial planning;
DD) reviews and explanations about the ability to meet the conditions referred to in article 6 of this Decree;
e) ability to mobilize capital resources to invest in the construction and industrial development;
g) expressing ways industrial development planning on planning map.
2. Prime the Sheet of the provincial people's Committee proposed the addition of the industrial park on the overall planning of industrial development.
3. The record was established 10 ministries, including at least 2 sets of original records (1st record the original Prime and 9 record filed with the Ministry of planning and investment to appraisal according to the provisions of article 13 of this Decree).
Article 13. Additional evaluation overall planning industrial development and establishment of economic zones 1. Content appraisal: a) the legal basis and the necessity of the additional overall planning industrial development or the establishment of the economic zone;
b) fit of the overall planning of industrial development or the establishment of the economic zone with the planning of social-economic development, land use planning of locality; the construction and planning of the municipality; infrastructure-planning techniques; planning the use of mineral and other resources;
c) goals, indicators of the overall planning of industrial development or the establishment of economic zones and resources;
d) degree meets the respective conditions of the additional overall planning industrial development or the establishment of the economic zone;
DD) solutions implementation and feasibility of the additional overall planning industrial development or the establishment of the economic zone.
2. The order and procedure of evaluation: a) within 5 working days from the date of the additional records overall planning industrial development or the establishment of economic zones, the Ministry of planning and investment opinions of the Ministry concerned.
Case records does not meet the provisions referred to in article 10 or article 11 of this Decree, the Ministry of planning and investment has written request provincial people's Committee, Supplement, modify records. Additional time, modify the profile is not included in the evaluation period.
b) within a period of 10 working days for industrial parks and 20 working days for economic zones since the date of the valid profile, the ministries have comments sent to the Ministry of planning and investment.
In case of need, the Ministry of planning and investment held meetings with the ministries concerned and the provincial people's Committee to clarify the issues involved.
c) within a period of 30 working days for industrial parks and 45 working days for economic zones since the date of the valid profile, Ministry of planning and investment in general the prime consideration, decision.
Article 14. Open the top and adjust the industrial area 1. The case expanded the first industrial-scale expansion area below 10% in comparison to an area of the master plan was approved but not more than 30 ha and not affect the other planning, on the basis of the opinions of the ministries concerned, the provincial people's Committee decision on the expansion of the industrial zone without having to process the Prime Minister approved additional policy master plan for industrial development.
2. where the actual area of the industrial zone after the measurement the difference below 10% in comparison to an area of the master plan was approved but not more than 20 ha, the provincial people's Committee decided to adjust the planning area match the fact area that is not the Prime Minister.
3. The case of expand and adjust the scale of the remaining industrial area is the prime consideration and decision.
Article 15. The authority established, industrial expansion, economic zones 1. The Prime Minister decided to set up, expand economic zones consistent with the overall planned economic development zones have been approved.
2. The Chairman of the provincial people's Committee decided to set up, industrial expansion had in the overall planning of industrial development or in the overall planning of the economic zone was approved.
Chapter 3: POLICY ENGINE for industrial parks, EXPORT PROCESSING ZONES and ECONOMIC ZONES article 16. Investment incentives for the industrial zone, urban economics 1. The industrial zone is the area of investment incentives, enjoying preferential policies applicable to geographical listing geographical socio-economic difficulties. The industrial zone was established at geographical listing geographical socio-economic conditions particularly difficult to enjoy the preferential policy applicable to geographical listing geographical socio-economic conditions extremely difficult.
2. Investors have investment projects in industrial zones, including the expansion of investment projects, the following perks:

a) investment projects in branches, the field list in the field of special investment incentive applied incentives for investment projects in branches, the field list in the field of investment incentives and special made at geographical directory of geographical socio-economic conditions of difficulty or in the category of local socio-economic conditions the society particularly hard;
b) investment projects in branches, the field list in the field of investment incentives and investment in industrial production are applied incentives for investment projects in branches, the field list in the field of investment incentives and performed at the geographical category geographical socio-economic conditions of difficulty or in local directory the table has a social-economic conditions particularly difficult;
c) investment projects not subject to the provisions in item a and item b item 2 this incentive applies under the provisions of paragraph 1 of this article.
3. Investors whose investment projects on the economic zone, including expanding investment projects, enjoying preferential policies applicable to geographical listing geographical socio-economic conditions particularly difficult and other preferential policies under the provisions of this Decree.
4. The following projects are entitled to the highest incentives under the provisions of the law on enterprise income tax: a) investment projects in branches, the field list in the field of special investment incentives and the implementation in the economic zone or in an industrial park to be established at the geographical category geographical socio-economic conditions particularly difficult the towel;
b) construction investment projects and infrastructure business tax-free in the economic area;
c) investment projects in the fields of high technology in industrial zones, the economic zone;
d) project has a large scale and has important implications for the development of the sector, field or social-economic development of the area in an industrial, economic zone after it is approved by the Prime Minister.
5.50% reduction of income tax for people earning income tax subject, including Vietnam and foreigners working in the economic zone.
6. the costs of construction, operation, or rent a condominium and the construction of social infrastructure serves for workers working at the industrial zone, the economic zone's reasonable costs be deducted for the calculation of the taxable income of the business for investment projects in the industrial area the economic zones.
Article 17. The method of raising the funds to invest in the development of technical infrastructure and social infrastructure economic zone 1. The project of infrastructure investment, technical and social infrastructure of important layout economic zone capital from investment capital for development of local budgets and targeted support funds of the central budget. The conditions, rules and process are supported from the central budget implementation in accordance with the Prime Minister.
2. Investment project for large scale infrastructure construction, have a key role for the development of the economic zone are issued.
3. Works of infrastructure of technical and social infrastructure, public services, public facilities needed by the economic zones are used which official development assistance (ODA), the credit capital incentives and technical help.
4. Attracting investment capital under the form of BOT, BTO, BT and the other form as specified by law.
5. project construction and infrastructure business functional areas in the economy are financed through the for investors (unless the object is specified in point d of paragraph 4 of article 3 of law investment) is likely to experience financial and attract investment capital to hire back a part or the whole of the land area has yet to invest and hire rent back ground.
6. Investment project for developing the technical infrastructure and social service infrastructure in economic zones are seeking funding from the Land Fund under the provisions of the law of the land.
Article 18. Entry, exit, residence and travel, staying in the economic zone 1. Foreigners, who settled overseas Vietnam work, investment, business activity in the economic area and members of their families are granted entry visas are worth many times and have the time limit time limit fit to work in the economy; residence time, staying in the economy and in Vietnam.
2. With regard to the economic zone, the exit and entry and residence are made according to the following rules: a) the citizens of the District of neighbouring countries have the opposite border gate economic zones was through the back gate economic zone by the border ID or passport to the border by the competent authorities of the neighbouring countries; the case in other locations of the border gate economic zones have the police agencies in the province to license once, there is value in a given time;
b) passport holders visa-free not (are citizens of neighbouring countries or third countries), are exempt from the visa and was staying at the border gate economic zones, time of stay not to exceed 15 days; If travelling out to other areas of Vietnam under the program by the international businesses of Vietnam held the Immigration Agency has jurisdiction to review the entry visa at the border gate economic zone;
c) means of transport for goods of neighbouring and third countries be on the gate economic zones according to the contracts of the foreign partner's business-to-business Vietnam. The case had transportation demand goods at places other than border gate economic zone Division must comply with the current regulations.
Who runs the media (crews on the ship, driving, car accessories) is out on economic zones with gate crews book, passport, border ID or passport to the border by the competent bodies of foreign countries;
d) extend the welcome guests of the neighboring tourist travel card, passport or other equivalent documents at the border gate economic zone to go to the provinces and cities in the country according to the provisions in section b paragraph 2 of this Article;
DD) shippers, owners of Vietnam's media, has business relations with neighbors partner are goods and vehicles to neighboring countries to goods by ID or passport to the border by the competent authorities of Vietnam;
e) Vietnam citizens, living in the district, the town gate economic zones to neighboring countries by border ID or passport to the border line with the international treaty between Vietnam and neighbouring departments or if the country agreed. Article 19. Regulation of finance and credit for economic zones 1. The purchase, payment, transfer and other trading relationships between organizations, individual business activities at the border gate economic zone can make in Vietnam, and the Chinese Yuan, Kip, Li Cambodia and foreign currencies freely convertible according to regulations of the State Bank of Vietnam.
2. credit institutions are allowed to set up and operating in the economy under the provisions of the law on credit institutions.
3. Overview of domestic and foreign tourism to the tax-free in gate economic zones are allowed to buy imported goods and carry on, be free of import duty, value added tax, special consumption tax (if any) prescribed by the Prime Minister.
4. organizations and individuals to mobilize official development assistance capital and investment projects on the economic zone are praise, reward according to the regulations by the provincial people's Committee issued after the opinion approved by the Ministry of finance.
Article 20. Stay, staying in the industrial zones, export processing zones, export processing enterprises 1. In industrial zones, export processing zones do not have residential living.
2. Only those investors, who work in the export processing zones and export processing businesses, and those who have a relationship with the Agency, organization, enterprises in export processing zones and export processing businesses, was out on export processing zones, export processing businesses. The objects mentioned above not be stay in export processing zones and export processing businesses, except with permission of the Board of management.
3. where necessary, foreign experts be allowed to stay in business in the industrial zones, export processing zones as defined by the provincial people's Committee. The temporary stay of foreign professionals must meet the following conditions: a) to service production activity, the business of the enterprise;
b) Not accompanied by his family and relatives;
c) must comply with registration procedures and declare staying current regulations on entry, exit, residence of foreigners in Vietnam;
d) business must separate accommodation and organization must commit to staying of foreign specialists to ensure security, order and does not affect the operation of industrial parks, export processing zones.
Article 21. Separate provisions apply with regard to export processing zones, export processing enterprises 1. Export processing zones, export processing businesses are applying rules for tax-free zones in accordance with the law. Rules are processing and exporting enterprises are recorded in the certificate of investment.
2. Export processing zones or export processing businesses are separated from the territory outside the fenced wall system, gate and door, in, ensure the conditions for the control of customs and other relevant authorities.
3. export processing businesses are buying Office products, food, food, consumer goods from Vietnam to serve the domestic operating apparatus for Office and living of cadres working in the business. Selected export processing businesses make or not make the procedure of export, import and customs for those types of goods.
4. Customs procedures, customs surveillance and checking for goods exports, imports of export processing zones, export processing businesses comply with customs legislation.
5. Exchange of goods between the export processing zones, export processing businesses with other areas on the territory of Vietnam, excluding tax-free zones, as import-export relations.

6. Public employees working in export processing zones and export processing businesses, foreign exchange from the Inland brought Vietnam to export processing zones, export processing businesses and vice versa not clearing customs.
Chapter 4: PROJECT MANAGEMENT for industrial parks, EXPORT PROCESSING ZONES and ECONOMIC ZONES Article 22. Content management for industrial parks, export processing zones, economic zones 1. Building and directing implementation planning, plans and policies on industrial development, the economic zone.
2. Issued, guidelines, common and implement policy, laws and technical standards relevant to the establishment, construction, investment, development and management of industrial activity, the economic zone; construction and management of the information system of industrial economic zones; organizing investment promotion activities on the industrial economic zones.
3. level, tuning, recovery of the investment certificate, the certificate of business registration, licenses, certification, certification, implementation of administrative procedures and State and support related to investment activities and business of the Organization, individuals in the industrial zone the economic zones.
4. Organizational, training and professional training for State Agency of industrial economic zone.
5. Guide the effective assessment, support investment, checking, monitoring, inspection, complaints, accusations, reward, treat and solve the problems arising in the process of formation and development of industrial zones, the economic zone.
Article 23. Powers, the responsibility for the governance of industrial zones, export processing zones, economic zones 1. The unified Government to manage state on the industrial economic zones within the country on the basis of the assigned tasks, the specific powers of each of the ministries, the provincial people's Committee and the Management Board under the provisions of this Decree; directing the construction and implementation of the master plan, the development plan and issued policy, legal documents on industrial economic zone.
2. The Prime Minister has the authority and responsibility: a) directed the ministries, provincial people's Committee and the Management Committee made the law, industrial policy, economic zones;
b) approval and adjust the overall planning of industrial development, the economic zone;
c) decisions undertakings for the investment projects of the authority;
d) decided to set up economic zones, approved Rules of common economic zone construction nodes; extend and adjust the discount area, conversion of land use has been approved in the industrial area, the functional areas in the economic area;
DD) directs the process and solve the problems and obstacles in the process of formation, administration, Operations Manager of industrial-economic zone, beyond the jurisdiction of the ministries, the provincial people's Committee and the Management Committee.
3. The ministries, provincial people's Committee in the scope of the functions, duties and powers are responsible for implementing State management functions of departments, sectors and administrative territory for industrial economic zones; Guide to management or authorized to perform some management tasks of State jurisdiction under the provisions of this Decree and of related legislation.
Article 24. Authority, responsible for the governance of the Ministry of planning and investment to 1. Hosted, in cooperation with the Ministry of construction, Ministry of natural resources and environment, the Ministry of defence, the Ministry of industry and trade and industry ministries, provincial people's Committee building related overall planning industrial development, the economy, the Prime Minister's approval.
2. Hosted, in cooperation with the ministries concerned to build legal documents, policies on industrial development, the economic zone the competent State agencies; reviewing and submitting to the Prime Minister to annul the provisions in regulations of the economic zones have been approved in accordance with the provisions of this Decree.
3. Hosted, in cooperation with the ministries involved, guide training, professional training related to management.
4. Hosted, in cooperation with the Finance Ministry and the ministries concerned expected to support projects from the central budget for investment projects to build business and industrial infrastructure in the local social-economic conditions difficult and especially hard by decision of the Prime Minister; support projects from the central budget investment in development of infrastructure systems engineering economic zones according to the provisions of this Decree.
5. the Chairman, in collaboration with the ministries, the provincial people's Committee and the Management Committee concerned the construction and organization of the programme, the national plan on the promotion of investment in industrial zones, the economic zone.
6. Build and manage a national information system on industrial economic zones; issued form periodic report and to provide information about the industrial-economic zone, to the relevant authorities of the Government.
7. Summary of results assessment, socio-economic efficiency of industrial-economic zone, reported the Prime Minister.
Article 25. Authority, responsible for the governance of the Ministry of the Interior 1. Regulation of construction of the project of creation, sorting, ranking and reorganized management.
2. Regulations on organizational structure, staffing and salaries for civil servants, officers of the Board of management.
3. Evaluation of the project of establishment, reorganization of management and the prime consideration, decision.
Article 26. Authority, responsible for the governance of the Ministry of finance 1. Financial mode and manual customs procedures applied in an industrial, economic zones, export processing businesses.
2. Regulation mechanism, the financial policy for the management of, the business units master high-income construction investment projects and business infrastructures of industrial parks and special economic organization is related to the industry, the economic zone consistent with the provisions of the law.
3. Guide the implementation of the provisions in paragraph 6 article 16 of this Decree.
Article 27. Authority, responsible for the governance of the Ministry of construction 1. Regulation on the establishment of guidelines, appraisal, approval and adjust the overall planning for the construction of economic zones, the overall planning of the construction industry are specified in clause 3 5 of this Decree, the detailed planning of building industrial parks, in functional areas of the economy.
2. Regulations governing instructions to perform state management on building for technical infrastructure works, construction works in the industrial zone, urban economics and management and urban development in the economic zone.
Article 28. Authority, responsible for managing the State of the Industry 1. Implement state management in industry, export-import operations and commercial activities in the industrial, economic zones; directing the development of the industry in the industrial park, economic zones according to the strategy, planning, industrial development planning department and the territory has been approved.
2. Authorization for the Board of management of the certification of origin of goods produced in the industrial zone, the economic zone; level, level back, revise, Supplement and to renew the license of commercial representation Office of the foreign traders and institutions based in the industrial zone, the economic zone.
3. Guide the management of the business license for the purchase and sale of goods and the activities directly related to the sale of goods for enterprises invested abroad and the first foreign investors to invest in the industrial park, economic zones.
4. building regulations of the tax-free economic zones in the Prime Minister issued the Article 29. Authority, responsible for governance of the Ministry of natural resources and the environment 1. Issued regulations and environmental protection in the industrial zone, the economic zone.
2. Guide the costs of environmental protection in the industrial zone, the economic zone.
3. Guide the management made a number of State Management Mission on resources and the environment in the industrial-economic zone, according to the provisions of the law on the protection of the environment.
Article 30. Authority, responsible for the governance of the Ministry of science and technology 1. Regulation about standard projects in the field of high technology investments in the economic zones, industrial zones.
2. Guide the implementation management of State management on Science and technology for active organizations in the industrial, economic zones.
Article 31. Authority, responsible for the governance of the Ministry of labor, invalids and Social Affairs Management Guide perform a number of tasks to manage the State of labor in an industrial economic zone, according to the provisions of the labour legislation.
Article 32. Authority, responsible for the governance of the Ministry of public security 1. Implement state management functions of security, order, fire and fire in the industrial zone, the economic zone.
2. guidelines on procedures, entry, residence, staying for economic zones, border gate economic zones.
Article 33. Authority, responsible for the governance of the Ministry of culture, sports and tourism 1. Guide and oversee the management of the State administration of tourism activity in the economy.
2. Delegated to management level, again, additional amendments and renewals of licenses to establish a representative office, branch in economic zones for business travel abroad.
Article 34. Authority, responsible for the governance of the Ministry of industry management of ministries, ministerial agencies outside the scope of the duties and powers referred to in articles 24, 25, 26, 27, 28, 29, 30, 31, 32 and 33 of this Decree shall also have the authority, responsible for managing the State of the industry, for the industrial sector economic zones, namely: 1. Investigation and comments in writing on the ability to meet the condition that projects must meet with regard to investment projects approved under the authority of the Prime Minister and Government projects in the field of investment condition made in industrial zone economic zones, according to the provisions of the law on investment.
2. the issuing conditions, sequence, procedure for management and organization of the implementation of the provision of services of public administration management.

3. Instructions, inspection, monitoring, inspection and sanctioning administrative violations by the authority.
Article 35. Authority, responsible for governance of the provincial people's Committee 1. Presiding over the construction of the industrial zone development planning, local economic zone territory; the decision established, industrial expansion.
2. Organization of general planning for the construction of industrial zones are defined in clause 3 of this Decree and article 5 with respect to the economic zone.
3. Directs the establishment and approval of construction detailed planning of industrial parks, in functional areas of the economic zone; directs the evaluation and approval of the design of the project to develop the industrial infrastructure, the functional areas in the economic area; the decision to use State budget to support investors investing system technical infrastructure within the fences of industrial zones.
4. Perform the procedure for investment projects of development of industrial infrastructure, the functional areas of the economic zone in time yet established Management Committee.
5. Implement state management for investment projects in economic zones according to the approved plan; process of approval or approval by the authority the list of investment projects development and capital development plan annually and 5 years in the economic zone.
6. Issuing preferential policies and encourage consistent with specific provisions of the law with regard to the priority employment and employers premises, high-qualified workers, good workmanship; vocational training support for workers employed in industrial zones, the economic zone.
7. The planning construction land resettlement, housing for the workers and the public works and public utilities services; investment support for housing construction, resettlement, infrastructure works, social-engineering under the provisions of the law on the State budget; supports trade, investment promotion, tourism; support compensation, clearance to speed up the process of investment and industrial development, the economic zone.
8. Directs the implementation of the recovery of the land, the water, compensation, clearance and resettlement, resettlement and perform the procedure or rental of land in the industrial zone, economic zones according to the provisions of the law of the land and the laws concerned.
9. Directs the relevant organizations to plan investment and construction organization of infrastructure systems engineering and social infrastructure beyond the fences of industrial zones, such as roads, power supply system, water supply, communications, technical connection points with the construction of infrastructure in industrial fence economic zones, vocational training, housing, base clinics, schools and other public buildings to meet the needs of industrial development zones, economic zones.
10. the host build and balance of capital investment support of infrastructure systems engineering in the fence industry, infrastructure systems engineering-society of economic zones according to the provisions of the law on investment, the State budget and the provisions in this Decree.
11. Issued and monitoring implemented regulation coordination between the Board of management with the authority in the provincial people's Committee; Guide, assigned or delegated to the Management Committee made a number of management tasks of State-building in the areas of environmental protection, as defined in item d and section h, paragraph 2 Article 37 of this Decree.
12. Directs the implementation planning, building regulations, labor, environmental protection, fire prevention, security and order in the industry, the economic zone 13. Organize and coordinate the Organization of vocational training in order to meet the needs of local labour for industrial economic zone.
14. organizations, examine, inspect and monitor the resolution of problems arising in the process of formation and development of industrial zones, economic zones, for the problems exceed the authority shall coordinate with the ministries, ministerial agencies resolve or the Prime review decision.
15. Construction project established, reorganized the management team to ensure the principle of each province, central cities have a Management Committee; the decision appointing the Honorable Chief Minister of personnel and vice manager.
16. The level of funding of administrative activities, career and development capital investment for the Management Committee in accordance with the law on the State budget; approval of the plan, funding and advocacy organization promoting trade, investment and tourism to develop industrial zones and economic zones.
17. Directs the specialized agencies, specialized in local trade, finance, banking, customs, police and other related agencies to arrange the authorized representatives to resolve work related in each zone when needed.
18. Perform the duties and powers of State management of economic zones and industrial parks, according to the provisions of the law.
Chapter 5: functions, tasks, POWERS and ORGANISATIONAL STRUCTURE of the MANAGEMENT BOARDS of industrial zones, EXPORT PROCESSING ZONES and ECONOMIC ZONES Article 36. The function of management of industrial zones, export processing zones, economic zones 1. The Management Board is the Agency directly under the provincial people's Committee to implement state management functionality directly for industrial economic zone in the province or city centrally prescribed in this Decree and relevant laws; management and implementation of functions providing administrative services and other support services related to investment activities and produce business for investors in the industrial zone, the economic zone.
2. Management by the Prime Minister decided to form and subject to the direction and management of the Organization, staffing, program planning and funding activities of the provincial people's Committee (Prime except otherwise stated); subject to the direction, guidance and test of professional expertise of the ministries of industry, management related fields; responsibility to coordinate closely with the specialized agencies in the provincial people's Committee in the management of industrial zones, the economic zone.
3. The Management Board has legal personality; account and the seal bears the coat; the expense of the State administrative management, operational funding and career development investment by the State-level budget according to the annual plan.
Article 37. Duties and powers of the Management Board of industrial zones, export processing zones, economic zones 1. Join comments, build and process of the ministries and the provincial people's Committee approval and implementation of the following work: a) participated commenting with the ministries and the provincial people's Committee in the formulation of legal documents, policies and planning related to investment activities , industrial development, the economic zone;
b) presiding, in cooperation with relevant agencies to build bylaws to coordinate work with the specialized agencies in the provincial people's Committee or the relevant bodies to carry out the duties and powers assigned under the mechanism of a door and a door the provincial people's Committee approval and implementation;
c) construction program, the plan for investment promotion, industrial development economic areas the provincial people's Committee approval and implementation;
d) annual plan construction and 5 years on human resources development, meet the needs of industrial-economic zone, the provincial people's Committee approval and implementation, e) budgeting, funding and career activities capital investment annual development program management Board approved by the competent authority under the provisions of the law on State budget and related laws.
2. The Management Board made in accordance with the law and follow the instructions or authorized by the ministries and the provincial people's Committee in the mission: a) management, popular, tutorial, validation, monitoring, inspection and sanctioning administrative violations the implementation regulation, planning, planning related to industrial the economic zones have been competent State agencies;
b) registered investment; Verify and adjust levels, recovery of investment certificates for investment projects in the authority;
c) level, level back, to modify, Supplement and extension of license commercial representative office of foreign merchants and organizations based in the industrial zone, the economic zone; the business license for the purchase and sale of goods and the activities directly related to the sale of goods for enterprises invested abroad and the first foreign investors to invest in the industrial park, economic zones after comments approved by industry;
d) adjust the detailed planning approved construction of industrial parks, in functional areas of the economic zone but does not alter the function and structure of land use planning; evaluation of the basic design for the project of Group B, C or level, to renew the licence for the construction of buildings must have a building permit under the provisions of the law on management of project construction investment; certificate of ownership for the construction of buildings in the industrial park, economic zones for the organization concerned;
DD) levels, level back, renewal, revocation of work permits for foreigners, Vietnam people settled abroad working in the industrial zone, the economic zone; Labor book supply for laborers working in Vietnam, the economic zone; the organization performs registration of labor regulations, collective labour agreements, safety rules, safety rules, the salary scale system, payroll, labor norms, plans to put the employee training abroad under 90 days for business; receiving reports about the situation, use, terminate the employment contracts of the business;
e)-grade certificate of origin of goods produced in the industrial parks, economic zones and types of licenses, certificates, other certificates in the relevant industry, the economic zone;
g) endorse contracts, writing about the real estate industry, in economic areas for relevant organizations;

h) implementation evaluation and approval of the report on environmental impact assessment for projects under the authority the decision of the provincial people's Committee in the industrial zone, the economic zone;
I) testing, inspection, monitoring the implementation of the objective specified in the investment certificates of investment, capital contribution and progress of implementation of investment projects; chaired, coordinated checks, inspected the implementation of the terms of commitment for the project are entitled to investment incentives and the observance of the law on construction, labor, wages, social insurance for workers, protect the legal rights of workers and employers , the activity of the social-political organization, explosions, security-order, protect the ecological environment for the project in an industrial, economic zones; the decision sanctioning administrative violations in accordance with the violations in the areas of jurisdiction and proposed State Management Agency has the authority to handle violation for violations in the areas not under the control of;
k) solving the difficulties and problems of investor in the industrial zone, urban economy and recommendations to the Prime Minister, the ministries concerned and the provincial people's Committee resolved the issue beyond the authority;
l) Receive statistical report, the financial report of enterprises operating in the industrial zone, the economic zone; reviews the effectiveness of investment in industrial zones, the economic zone;
m) in collaboration with the Ministry of planning and investment in the construction and management of the information system of industrial economic zone, under the control of management;
n) periodic reports with the Ministry of planning and investment, the ministries concerned and the provincial people's Committee about the situation: construction and industrial development, the economic zone; make the level, tuning, recovery of investment certificates; deployment and operation of the project; perform the obligations of the State; attract and employers; implementation of the provisions of the labour law and the labour disputes and the implementation of measures to protect the ecological environment in the industry, the economic zone;
o) organization movement and rewarded for enterprises in industrial zones, the economic zone;
p) organize and coordinate with the State management bodies in the Inspector, inspection, complaints, accusations, prevention of corruption, waste, negativity and handling administrative violations in the zone;
q) performing other duties as prescribed by the laws and regulations of the provincial people's Committee on financial management, assets, budget allocated; collection and use of management fees, fees; scientific research, applied science, technology advancement; cooperation with organizations and individuals in the country and abroad about the sectors related to construction and development of industrial zones, the economic zone; organizational management, payroll, officers, servants, employees and training, the fostering of professional service for officers, public servants, members of the Management Board; Introduction employment for workers working at the industrial zone, the economic zone;
r) perform other duties by the provincial people's Committee.
Article 38. The duties and powers of the Management Board of economic zones in addition to the duties and powers of the Management Board of industrial zones, export processing zones, economic zones prescribed in article 37 of this Decree, the economic zone management Committee also has the following powers and duties: 1. Construction, the provincial people's Committee to the Prime Minister's decision under the authority : a) General Plan of building the economic zone;
b) bond issuance plan works; schemes to mobilize other sources of capital to invest in the development of the technical infrastructure requirements and social infrastructure in important economic areas.
2. Build and process of the ministries and the provincial people's Committee approval and implementation: a) detailed planning to build functional areas consistent with overall planning for the construction of the economic zone was approved, the planning, land use planning in the economic area provincial people's Committee approval;
b) annual plan and 5 years on the economic development process of the provincial people's Committee and the competent State agencies;
c) directory of project and capital plan annual and five-year development process approved by the competent authority or approved by the authority;
d) construction of the framework and the level of fees apply in the economic zone the competent authority issued in accordance with the law.
3. economic zone management the direction or the organization performing the task: a) made under the provisions of the law and follow the instructions or authorized by the ministries and the provincial people's Committee includes: level, tuning, recovery of business registration certificate in accordance with the corporate law for establishing economic organizations in the economic area; level, level back, revise, Supplement and to renew the licence established representative offices, branches of economic zones for business travel abroad;
b) foreign consultants Hired to perform services investment promotion consultant, strategic consulting and investment economic development zones;
c) investment decisions for the projects of Group B, C use State budget investment of capital in the economy as authorized by the provincial people's Committee;
d) contracting of BOT, BTO, BT Group project B, C as authorized by provincial people's Committee; direct reception, management and use of ODA;
DD) manage and use the investment capital for economic development zones in the jurisdiction; investment management, construction, tenders for the projects by the development investment capital from the State budget in the economic zone authority; management and implementation of the collection, administration, careers, the program objectives and the other funds are allocated in accordance with the law;
e) chaired, coordinated with relevant agencies to perform maintenance, system maintenance of infrastructure works and social engineering, works of public utility services and the investment from the State budget in the economic area;
g) management and effective use of the Land Fund, the water used has been delivered in accordance with the purpose of use and in accordance with overall planning for the construction of the economic zone, plans to build the functional areas, zoning, land use plan has been approved by the authority;
h) leaving the land charge land use, handed back land doesn't collect money for land use, land rental, water and land management in the economic zone as defined by the law of the land;
I) on the basis of the provisions of the provincial people's Committee and the law on investment and salary decisions, land use rent, money and the exemption level, rising for the land, the water use for each project to apply for return of land, land rental, not through an auction or bidding for land use;
k) in collaboration with local authorities and relevant agencies to ensure all activities in the economy of proper planning, building planning and development of the economic zone has been the competent State bodies for approval and the relevant regulations.
Article 39. Organizational structure and staffing of the Management Board 1. The Management Board consists of Chief, a number of Vice; There is a maid.
Secretary of the Board by the Chairman of the provincial people's Committee appointed, dismissed. Deputy Head of the Board by the Chair of the provincial people's Committee appointed, dismissed the proposal of head of Department.
2. the Chief Executive is responsible for all activities of the Management Board, responsible to the provincial people's Committee and the law on the activities and performance of the industry, the economic zone.
3. Organizational structure of the Management Board include: assisting apparatus (offices, departments, and business representatives in management boards of industrial zones, economic zones); the business units subordinated to the perform public duties, public, investment support services business for investors, in the public and other organizations consistent with the development of the industrial park, economic zone and the mission and powers of each type of management in accordance to the instructions of the Ministry of the Interior and the rule of law.
Economic zone management committee and the Board of management of industrial zones, export processing zones and ranked according to the instructions of the Ministry of the Interior established the Ombudsman is permitted.
4. the staffing of the Management Board include payroll administration, staffing and career due to the people's Committee Chairman issued the decision under the provisions of the law on decentralization of administrative payroll management, career management and payroll for the business units of the State.
Chapter 6: terms of the IMPLEMENTATION of Article 40. The effect of Decree 1. The Decree has effect after 15 days from the date The report.
2. This decree repealed: a) decision No. 53/2001/QD-TTg dated 19 April 2001 on policy for border gate economic zone and decision No. 273/2005/QD-TTg on October 31, 2005 amending and supplementing a number of articles of the decision No. 53/2001/QĐ-TTg. b) the other provisions of the industrial , export processing zones and economic zones, contrary to the provisions of this Decree.
Article 41. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities, head of Department of management of industrial zones, export processing zones, economic zones and individual organizations concerned is responsible for the implementation of this Decree.