Decision 22/2008/qd-Ttg Dated: Functions, Responsibilities, Powers And Structure Of The Management Board Of International Border Gate Economic Zones Seaboard Y

Original Language Title: Quyết định 22/2008/QĐ-TTg: Quy định chức năng, nhiệm vị, quyền hạn và cơ cấu tổ chức của Ban Quản lý Khu kinh tế cửa khẩu quốc tế Bờ Y

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The DECISION of the PRIME MINISTER functions, responsibilities, powers and structure of the Management Board of international border gate economic zones Seaboard Y PRIME Government Organization Law base on December 25, 2001;
Pursuant to Decree No. 106/2006/ND-CP of September 22, 2006 the Government's detailed rules and instructions of some articles of the law on investment;
Considering the recommendation of the Minister of the Interior in the sheet number 2465/TTr-BNV on August 24, 2007; of the people's Committee in Kon Tum province in no. 1228/PPC-TH on June 22, 2007 and no. 04/PPC-TH January 2008, decision: article 1. The position and function of management of international border gate economic zones Seaboard Y 1. Management of international border gate economic zones Seaboard Y (hereinafter referred to as the Committee) established by article 15 regulation on organization and operation of international border gate economic zones Seaboard Y attached to decision No. 217/2005/QD-TTg dated April 5, 2005 by the Prime Minister (hereinafter referred to as the regulation on organization and operation of the Economic Area international banks of Y). 
2. The Management Board is the State agency directly for international border gate economic zones Seaboard Y (hereinafter referred to as the Economic Zone), responsible to the law in the construction of economic development zones and international banks of Y; based in the Economic Area and the representative body the management of the international border gate economic zone at the coast of the city.
3. The Management Board implemented the construction of economic development zones and under planning, planning, progress has been the competent State agencies approved and according to the regulations of the Organization and operation of international border gate economic zones Seaboard Y to centralized management, unified activities on the field of : investment; economic development-cultural-social; organizations providing public services and other services related to investment activities and production, business in the Economic Zone.
Article 2. A number of specific powers, duties of the Management Board 1. Implementation of the international cooperation and development cooperation plan between the provinces in the development triangle of three countries Vietnam, Laos and Cambodia; management coordination between Governments to ensure operation of economic zones in accordance with the bilateral treaties or multilateral between three countries of Vietnam, Laos and Cambodia.
2. Works closely with the Department of Defense and the Ministry of public security made good work of security, defence and the projects related to the field of security and defense in the Economic Zone.
3. The whole of the land, the water was planning to invest in economic development zones are assigned a time to management for delivery or for rental investors make investment projects in accordance with the current legislation.
4. Coordinate with the ministries, agencies and research institutions to build the mechanisms, policy, regulation of the entry, exit, export, import, international cooperation and other policies applied in the Economic Zone to the Prime Minister's decision.
Article 3. Duties and powers of the Management Board in the construction and management of planning, planning, investment and construction 1. The construction process of the Prime decision: a) mechanism, incentive policies necessary for economic zones consistent with the actual development conditions in each period;
b) variants released works bonds, government bonds, according to the regulations on issuing Government bonds, the authority to decide; methods of mobilizing the resources to mobilize maximum resources, capital for important infrastructure projects and development of the Economic Zone;
c) preferential policies and encourage consistent with specific provisions of the current law on areas: attracting, recruiting and using local labour, vocational training, promotion of investment, trade.
2. The direction and implementation of tasks: a) the implementation of the legal text of the Parliament, the Commission of the National Assembly, the Government, the Prime Minister and the text of the relevant agencies for each sector in the economy;
b) held up, appraisal, approval of the detailed planning the functional areas and projects of investment in the Economic Zone as defined by the current legislation, governing and monitoring the implementation;
c) inspection, check for the Organization, individuals in and outside the country have production operations, trading goods, services in the Economic Zone as defined by the law;
d) investment management, bidding, construction projects in the State budget and other sources of capital are the competent authorities entrusted, apply as for the provincial people's Committee under the provisions of the law on investment, construction and procurement;
DD) assessment, approval of the framework, the level of fees and charges made at the Economic Zone;
e) Was decided to invest the project group B, C in the form of BOT, BTO, BT contract under the provisions of the law on investment and construction; be directly receiving, managing and using ODA according to the provisions of the law on management and use of ODA;
g) organize inspection, approval of construction projects and infrastructure business functional areas (were the Prime common planning approval to build Economic Zone) due to economic institutions and foreign invested non-State capital capital investment credit, development of the State and credit capital by the State guarantee, the synthesis report the Prime Minister and the Agency has the authority under the rules.
Article 4. Duties and powers of the Board of management in the provision of public services and other support services 1. The organization provides public service authorized on the basis of the regulation on conditions, sequence, procedure by the Ministry, ministerial-level agencies, industry management guide to field level, adjust or renew and revoke licenses, certificates, and certificate following certificate : a) make investments, registration and verification, tuning, recovery of investment certificates for investment projects in the Economic Area;
b) business registration certificate with regard to the case of economic organization established in the Economic Area; Business license for the sale of goods under the provisions of the law;
c) license enterprises, representative offices, branches of economic institutions and foreign traders, foreign enterprises operating in the Economic Area;
d) planning certificate, the building permit for the construction of investment projects in the Economic Area;
DD) work permits for foreigners, Vietnam people settled abroad to work, investing activities; shared labor for employees working in the Economic Area;
e) certification of origin of goods and the other certificate authority; confirm the category, the number of production materials, supplies, components and semi-finished products imported each year to serve the requirements of the investment projects of the Organization, and foreign individuals in the economy.
2. Promote, introduce, negotiate and abroad, made the clue to solve the problems arising in the process of, implementing the project, the following obstacles to investment, business license and active participation including the salary agreement infrastructure using money the service works, and public utilities in the Economic Zone.
Article 5. Duties and powers of the Management Board in the management, protection of natural resources and the environment, the budget, land 1. Evaluation and approval of the report reviews the environmental impact according to the authorized by the Ministry of natural resources and the environment, confirming the registration Panel environmental standards of the investment in the Economic Zone.
2. Management, examine the implementation of the measures for protecting resources and the environment; handle or propose competent to handle the cases of violating the regulations on the protection of natural resources and the environment of organizations, individuals active in the Economic Zone.
3. Capital Management the State budget: a) investment management from State budget resources, manage and perform administrative expense, the career, the goal program and other capital sources are the State Affairs in accordance with the law;
b) the organization collecting the revenues of the budget in the economic zones according to the hierarchy, management and use according to the regulations.
4. Management, using the entire land, the water in the Economic Zone as planned and approved planning: a) in collaboration with local governments, the relevant bodies to implement the compensation, clearance for the land, the water was the State Agency has the authority to revoke delegated to management;
b) salary decisions, exemptions of land use, water deposit; land rents, according to investment projects in the Economic Zone on the basis of the price of land and exemption policies according to the frame by the people's Committee in Kon Tum province stipulated for each case handed back land, lease land without through land use rights auction or auctions of land use projects;
c) held auctions of land use for the Land Fund was planning in the economic zones to create capital infrastructure construction Economic Zone;
d) conducted detailed planning and relocation moving things rural and urban dwellers in the economic zones according to the planning mission approved in decision No. 225/QD-TTg dated August 2, 2007 by the Prime Minister.
Article 6. Duties and powers of the Board of management in organizational management, payroll, financial, property and training 1. Management on organizational, staffing, implementing salary mode and the mode of remuneration policies, reward, or discipline for public servants; Organization of training of professional service for public servants in economic management.
2. The decision to recruit, use and management of public officers in staffing are allocated according to the provisions of the law on standards, conditions, sequence, procedure for management of public officials; the decision to raise the ranks of regular salary from the main professional back down towards the officers, public servants working in management.
3. Inspection, testing; Prevention of corruption, waste, negativity; financial management, asset follow the provisions of the law.

4. check the executive recruitment and the mode, the policy of the employer; the Organization and management of human resource training for organizations directly under the career management.
Article 7. Duties and powers of the Management Board in the management of a number of other areas 1. In collaboration with local authorities and other relevant authorities in ensuring security and social order, fire department, fire and all activities consistent with the Organization and regulation of economic activity.
2. Organize and coordinate with the State management bodies in the Inspector, inspection, complaints, accusations and handling administrative violations in the field of economic operations.
3. The agency focal plan of science and technology; organize and direct the implementation of the plan of scientific research, the application of scientific advances, technology for the field of science and technology in the Economic Zone.
4. With regard to the fields not be delegated or decentralized management, the Management Board is responsible for making the clue in collaboration with the relevant State authorities to resolve the difficulties and problems as a “ mechanism, in place ”.
5. Evaluate the effectiveness of investments in the economic zones according to the instructions of the ministries of State management functions on each investment.
6. Participation in the Conference in the triangle development of three countries Vietnam, Laos, Cambodia; at the same time, join or assigned officers to join the Conference in the areas concerned by the people's Committee in Kon Tum province organization.
7. preliminary reports on annual and 5 year summation of the work, the Prime Minister and send the text to the ministries concerned and the people's Committee in Kon Tum province about situation planning, investment planning and building economic development zones.
8. Perform other duties as assigned by the Prime Minister in each period or under the provisions of the law.
Article 8. Organizational structure and staffing of the Management Board 1. Leadership management: the Management Board has the head and no more than 3 Vice are appointed, dismissed under the provisions of the law.
2. assisting apparatus including: a) The Administration: Office management;
Inspector;
The Organization, training and the communes;
Planning and investment;
Ban planning and architecture;
Business and Finance Committee;
The Board of natural resources and the environment;
Ban industry-trade-tourism;
Combined checkpoints international banks of Y;
Agency Management Committee representative in Hanoi.
b) career: organizations Advisory Committee evaluation of the investment project;
The Center for trade and investment promotion;
The management of investment projects;
The other unit prescribed by law.
c) infrastructure development company gate Economic Zones Seaboard international Y. Customize the situation and require economic development zones in each particular stage, head of the Board of management decided to organizational structure helps the administration.
3. the Secretary of the Board of management functions, tasks, powers and organizational structure and decide on the appointment, dismissal of the management positions of the apparatus and the subdivisions specified in paragraph 2 of this Article.
4. the staffing of the Management Board: a) staffing of administrative management is done in accordance with the law;
b) staffing of career management by the prefect decided under the provisions of the law.
Article 9. The transitional regulation mechanisms, policies, planning, plans related to economic development zones are defined in the regulation of organization and operation of international border gate economic zones Seaboard Y attached to decision No. 217/2005/QD-TTg dated April 5, 2005 by the Prime , Decision No. 225/QD-TTg dated August 2, 2007 by the Prime Minister on the approval of the General construction plan adjustment gate Economic Zones Seaboard international medicine and other related legal documents are made.
Article 10. Responsibility and effect 1. This decision has the effect after 15 days from the date The report. Repeal of previous regulations contrary to this decision.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's Committee in Kon Tum province, head of the Management Board of international border gate economic zone Banks and the agencies, organizations, individuals responsible for the implementation of this decision.

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