Ordinance 09/2003/pl-Ubtvqh11: Industrial Park

Original Language Title: Pháp lệnh 09/2003/PL-UBTVQH11: Động viên công nghiệp

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To enhance the effect of State management and promote the people's patriotism, uphold the responsibility of agencies, organizations, individuals of the industry; meet the needs of production, repair of equipment guarantee for the military mission protecting the country firmly Socialist Vietnam;

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was amended and supplemented by resolution No. 51/2001/QH10 on 25 December 2001 of the Xth Congress, session 10;

Pursuant to resolution No. 12/2002/QH11 on 16 December 2002 by the National Assembly on the second session, the programme of building laws and ordinances of Parliament the key term Poker (2002-2007) and in 2003;

This Ordinance regulates industrial mobilization.

 

Chapter I General provisions article 1.

Encouragement of industry is mobilizing a part or the entire production capacity, repairing of industrial enterprises in addition to the armed forces to manufacture and repair of equipment for the army.

Industrial activity is prepared from peacetime and mobilization in the case of a local player, and during the war.

Article 2.

Encouragement of industry do not apply to the enterprise with foreign investment is regulated in the law on foreign investment in Vietnam.

Article 3.

In this Ordinance, the terms below are interpreted as follows: 1. Was the weapons, equipment, technical means available in the military.

2. Indicators of industrial activity is the number of equipped to repair, when the production decided to motivate industry.

3. Preparation of the industrial activity is the implementation of measures aimed at creating infrastructure to be ready for production, repair of equipment for the army.

4. participants of industry practices is the implementation of the measures to expedite the manufacture and repair of equipment for the army.

Article 4.

1. Prepare the mobilization of industry and encourage the industry to comply with the purpose of production and repair of equipment for the army.

2. The determination of the scale of industrial activity are consistent with the needs of production, repair of military equipment and the capacity of industrial enterprises.

3. Prepare the mobilization of industry and industry action to ensure the confidentiality, security, savings, efficiency, proper planning.

Article 5.

1. the State guarantees the rights, legitimate interests of industrial enterprises and workers in industrial mobilization preparation and practice of motivate industry.

2. The management and exploitation uses of the equipment delivered by the State industrial enterprises to complete production lines, repairing equipment also plans to encourage Government-regulated industry.

Article 6.

Prohibit the following acts: 1. Evade, hinder the preparation of industrial activity and dynamic industry practice;

2. Sabotage, sale, donation, lease, pledge, mortgage, unauthorized mining equipment by State Affairs for the business industry to complete production lines, repair of equipment;

3. Disclosure of State secrets about the mobile industry plans, secrets of production, sales of industrial enterprises was tasked to encourage industry;

4. Use the product industry on business purposes and other purposes.

Article 7.

Agencies, organizations, individuals are responsible for implementation of this Ordinance and the provisions of the law related to industrial activity.

Chapter II preparation of industrial encouragement article 8.

Preparation of industrial activity included: 1. Survey, selected industrial enterprises have the ability to produce, repair of equipment;

2. Construction Plan industrial mobilization;

3. Delivery of dynamic industry norms;

4. Complete production lines, repair of equipment;

5. Manage, maintain and repair production line equipped;

6. professional training for workers and industrial mobilization exercise;

7. reserve supplies.

Article 9.

1. Prime the decision given the task of surveying the production capacity, repairing of industrial enterprises for the ministries, ministerial-level agencies, provincial people's Committee, the central cities (hereafter referred to as the provincial people's Committee), led by the Prime Minister decided to form (hereinafter the Corporation).

Based on the decision of the Prime Minister, the Defense Ministry conducted the survey Guide.

2. Ministries, ministerial agencies, survey organization of company production capacity, repairing of industrial enterprises in power and report the results to the Prime Minister.

 The provincial people's Committee organized the survey, repair, production capacity of the local industrial businesses manage and report the results to the Prime Minister.

3. industrial businesses surveyed are responsible for providing accurate, full production capacity, repairing to the agency survey.

Article 10.

Survey content production, repair of industrial businesses include: 1. Characteristics of the situation;

2. Organizational structure, quantity, quality officers, workers, public employees and other workers;

3. Production, capacity, capacity design;

4. The quantity and quality of existing equipment;

5. Direction of production and technological innovation.

Article 11.

Based on the needs of production, repair of military equipment and the results of a survey of the production capacity, the repair of the industrial enterprises, the Prime Minister decided to enterprises qualified industrial mobilization; The Minister of national defence to manage portfolio of industrial businesses eligible to motivate industry.

Article 12.

1. Pursuant to the State plan for industrial park: a) the construction of civil defence, the people's war;

b) predicted the scale of the war, the method of conducting the war, protect the homeland;

c) needs and the strength of the armed forces;

d) forecasts consumption in the war;

DD) production capacity, equipment repair of defense industry enterprises and secured from other sources;

e) survey results of production capacity, repairing equipment of industrial enterprises.

2. The content of the plan the State of the industry including: a) plans to mobilize enterprises in industrial ministries, ministerial-level agencies, provincial people's Committee, the Corporation;

b) secured the budget plan;

c) plans to stockpile supplies;

d) plans to move;

DD) plan of scientific research, the application of scientific and technological progress in service industry activity.

3. Department of Defense coordinated with the Ministry of planning and investment, Ministry of finance, Ministry of industry State planning built on the industrial process of encouragement the Government decision.

Article 13.

The authority delegated to the dynamic industry standards: 1. The Prime decisions indicators of industrial activity for ministries, ministerial-level agencies, provincial people's Committee, the Corporation.

2. Pursuant to the decision of the Prime Minister, the Minister of Defense decided to specifically target industrial activity of each industrial enterprise.

3. Pursuant to the decision of the Prime Minister and the decision of the Minister of national defence: a) Ministers, heads of ministerial agencies, the head of the company charged with the production and repair of equipment for industrial enterprises in power;

b) Chairman of the provincial people's Committee charged with the production and repair of equipment for industrial enterprises by local management.

Article 14.


1. Minister of defense planning guidance for industrial mobilization and motivation plan approval of the industry Ministry, ministerial-level agencies, provincial people's Committee, the Corporation.

2. Ministers, heads of ministerial agencies, Chairman of the provincial people's Committee, the head of the Corporation approved the plans for industrial mobilization of industrial enterprises in power.

Article 15.

1. industrial enterprise was tasked to encourage industrial investment is not needed more equipment that still perform the dynamic industry norms shall be the Ministry of defence document transfer of production technology, equipment repair.

2. industrial business was assigned to motivate the industry should invest more in new equipment to perform dynamic industry norms, the State guarantee of the equipment and the transfer of Defense materials production technology, equipment repair.

Article 16.

Technology of preparation of industrial mobilization was collecting under the provisions of the Department of Defense.

Article 17.

1. industrial enterprise was tasked to encourage responsible industry: a) deployed on the production line, fix equipped people with political qualities and competencies match;

b) testing, periodic maintenance of equipment;

c) training for workers;

d) made the mode to maintain the production capacity, repairing equipment as prescribed by the Government.

2. industrial enterprise was tasked to encourage industry as happens in the case of a merger, separation, dissolution, bankruptcy, technological innovation and other reasons leading to no longer capable of performing the duties or transfer ownership to entities not subject to this Ordinance, the application of the equipment by the State guarantee for the enterprise to complete the repair, production line equipment was recovered, managed and used in accordance with the Government.

3. In the event of one of the circumstances specified in paragraph 2 of this Article, the Minister of Defense to adjust industrial mobilization mission for other industrial businesses.

Article 18.

The list of materials, responsibility and reserve mode, ensure the reserve materials for industrial enterprises was tasked with the mobilization of industry due to government regulations.

Article 19.

Industrial enterprises, agencies are tasked to encourage responsible industrial maneuvers motivate industry.

The scale, content and form of exercise motivation industry due to the Prime Minister to decide.

Chapter III industrial mobilization practice article 20.

Dynamic industry practices include: 1. The decision and the announcement of industrial mobilization;

2. organizations move location for industrial enterprises must move;

3. The organization ensures supplies, finance;

4. hold the task of production and repair of equipment;

5. Delivery, get product industry.

Article 21.

1. The Prime Minister decides the number of industrial enterprises and the mobile industry norms for ministries, ministerial-level agencies, provincial people's Committee, the Corporation.

2. Pursuant to the decision of the Prime Minister, the Minister of Defense decided specifically to industrial enterprises and industrial mobilization targets in each of the industrial enterprises.

3. Pursuant to the decision of the Prime Minister and the decision of the Minister of defence, Ministers, heads of ministerial agencies, Chairman of the provincial people's Committee, the head of the company to implement and steer, guide, check out the industrial enterprises made a dynamic industry norms.

Article 22.

The announcement of industrial activity due to government regulations.

When no longer required mobilization of industry, the Prime Minister decided to terminate the motivation industry.

Article 23.

Upon receiving the decision of the industrial activity, industrial enterprises in an move the location to move the organization. The deadline to complete the move and ensure conditions for the industrial business move because of government regulations. 

Article 24.

Within forty-eight hours from the receipt of the decision of the industrial activity, the relevant State bodies to implement the guarantee supplies for industrial enterprises in an are guaranteed.

Article 25.

1. industrial enterprises not prescribed in clause 2 and clause 3 of this article make the task of production, repair of equipment immediately after receiving the decision of the industrial activity.

2. industrial enterprise in an reserve supplies are guaranteed according to the provisions of article 18 of this Ordinance made the task of production, repair of equipment immediately after receiving the materials.

3. industrial enterprises have to move, if not stipulated in clause 2 of this made the task of production, repair of equipment immediately upon completion of the move.

Article 26.

Industrial enterprises are responsible for product delivery CFMI industrial park is full, quality assurance, the right type, time and location; the unit receiving the army's responsibility to check and organize receiving activity industrial products.

 The delivery, get product by the Ministry of defense industry regulations.

Chapter IV mode, the policy for industrial enterprises and workers in industrial activity article 27.

In preparing the mobilization of industry, the industrial business are: 1. to ensure full, timely, material technology and equipment to complete processing lines;

2. Ensuring timely, true type, quality, quantity of the production trial and when repair, manufacturing equipment to maintain the line capacity;

3. payment and ensure timely funding;

4. Enjoy mode, other policies in accordance with the law.

Article 28.

1. in the practice of industrial activity, the industrial business are: a) secure transport when moving to a new location;

b) ensure timely supplies, equipment and funding;

c) incentives, such as the defense industry enterprises;

d) Reduce or exempt property liability under the provisions of the law in the case because the mobile industry decisions that do not make economic, commercial contracts, civil in effect at the time of receipt of the decision of the industrial mobilization;

DD) Enjoy mode, other policies in accordance with the law.

2. When finish the motivation industry industrial enterprises are: a) ensure transport on location before the move;

b) funding to restore production.

Article 29.

Direct workers perform the tasks motivate industry to be exempt from the obligation of public labor in real time action industrial park; during rehearsal and practice of industrial activity that accident, illness, injury, death, sacrifice, then enjoy mode, the policy prescribed by the law.

 

Chapter V budget guaranteed to motivate industry to article 30.

1. the State guarantee funds for industrial mobilization missions.

2. The State budget spent on industrial mobilization missions should be managed, using the right purpose, rules of law, savings, efficiency.

Article 31.

1. The budget guarantee for the industrial park for the following work: a) survey, repair, production capacity of industrial enterprises;

b) complete production lines, repair equipment to the industrial mobilization;

c) scientific research, the application of scientific and technological progress serves the industrial mobilization;


d) professional training for officers, workers, public employees and other workers;

DD) activities to maintain the production capacity, the repair of the industrial activity chains;

e) material reserve;

g) training, rehearsal and industrial mobilization;

h) moving dynamic industry chain;

I) production, fix equipment when it has decided to encourage industry;

k) restore production of industrial enterprises after the completion of the task of mobilization of industry;

l) engine industry professional;

m) the other work of the industrial park under the provisions of the law.

2. The Government specifies the management and use of industrial mobilization budget.

 

Chapter VI Administration on the encouragement of industry Article 32.

Content of State management of the industry including: 1. Enact, guiding the implementation of the legal text of the industrial park;

2. Policy formulation, planning, plan, organize and direct the implementation of industrial mobilization;

3. organizations, management training, professional training on industrial mobilization;

4. scientific research, the application of scientific and technological progress serves the industrial mobilization;

5. Advocacy, education law on encouragement of industry;

6. test, inspection of the enforcement of the law on the encouragement of industry;

7. Complaints, accusations and handle breach of the law on the encouragement of industry;

8. Summary, summation of the industrial park.

Article 33.

1. Unity Government Administration about mobilization of industry.

2. The Ministry of defence is responsible before the Government implement state management of the industrial park; the Guide, the urge, check the implementation of the provisions of the law on the encouragement of industry. 

3. The ministries, ministerial-level agencies in the scope of the task, their powers are responsible for coordinating with the Department of Defense implement state management of the industry and hosted mission motivate industry.

4. provincial people's Committee in the scope of its powers, duties performed in State management of the industry and hosted mission motivate industry.

5. The head of the company within the scope of the task, their powers are responsible to perform the task of organization of industrial activity.

Chapter VII rewards and treats breach of article 34.

The Agency, organization, individual achievement in industrial mobilization preparation and practice of motivate industry to be rewarded according to the provisions of the law.

Article 35.

People would be violations of the provisions of this Ordinance and the provisions of the law on encouragement of industry, then depending on the nature and extent of the violation that sanctioned the administration or being prejudice criminal liability; If the damage is compensated according to the provisions of the law.

Article 36.

Who would take advantage of the Office, the powers violated the provisions of this Ordinance or the provisions of the law on encouragement of industry, then depending on the nature and extent of the violation being disciplined or suffer prejudice criminal liability; If the damage is compensated according to the provisions of the law.

 

Chapter VIII provisions enacted 37 this Ordinance with effect from 1 July 2003.

The previous provisions contrary to this Ordinance are repealed.

Article 38 the Government detailing and guiding the implementation of this Ordinance.

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