Decree on issuing high-tech Zone regulations the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on Science and technology on 9 June 2000;
Pursuant to the law on domestic investment incentives (amendments) on 20 May 1998;
Pursuant to the law on foreign investment in Vietnam on November 12, 1996;
Law on amendments and supplements to some articles of the law on foreign investment in Vietnam on 9 June 2000;
According to the recommendation of the Minister of science and technology, REGULATIONS article 1. Attached to this Decree, regulation of high-tech zones.
Article 2. The Decree has effect after 15 days from the date The quote and replace high-tech Zone Regulation No. 36/CP dated 24 April 1997 the Government issued regulation of industrial zones, export processing zones, high-tech zones. Other provisions contrary to the provisions of this Decree are repealed.
Article 3. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, and head of the Board of management of the high-tech Area is responsible for the implementation of this Decree.
 
 
The Tech Zone REGULATION (attached to Decree No. 99/2003/ND-CP dated 28 August 2003 from the Government) chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This regulation rules on organization and operation of high-tech zones.
2. The object of this regulation is to apply to the Agency, organization, domestic and foreign businesses and individuals who are Vietnam, Vietnam people settled abroad and foreigners operating in the high-technology.
Article 2. Explanation of terms In this regulation, the terms below are interpreted as follows: 1. "high technology" is technology is integrated from the scientific achievements and advanced technology, have the ability to create the Spike on labor productivity, quality, features and value of goods products , formed the manufacturing industry or new services that the social-economic efficiency high, have great influence on the socio-economic development and security-defense.
2. "high technology products" as products are generated by applying high technologies.
3. "high" is the technical-economic features, boundaries defined, because the Prime Minister decided to research-development and application of high technology, high technology business incubator, training human resources and high-tech manufacturing, high-tech products business. In the high-tech zones can have the export processing zones, bonded zones, housing areas. 4. "Investor" is the Organization, domestic and foreign businesses and individuals who are Vietnam, Vietnam people settled abroad and foreigners who have investment projects in high technology Areas.
5. "high technology business incubator" as activities in support of the organizations and individuals who have ideas of science and technology, scientific research results technology make the perfect technology, product testing and established producers and high-tech products.
Article 3. The goal of the high-tech zones 1. Contributing to research capacity building – development in high technology areas of the country.
2. Create a favorable environment for investment to attract venture capital, high-tech, high-tech workers in the country and abroad, contributing to the construction of the high-tech industry doing the driving force of economic development, particularly for the key economic region.
3. Create favorable conditions to mount between training, research and development of high technology to production and services, promote technological innovation, high-tech business incubation and commercialization of high technology.
4. Contribute to economic growth, raise the level of production technology and the competitiveness of the products, goods, and services.
Article 4. Ensure the State's 1. Prioritize capital investment budget arranged the construction of high technology and a number of infrastructural engineering in addition to high-tech Areas served directly to the operation of the high-tech zones.
2. Treat equally and create favorable conditions for organizations, businesses and individuals in local and foreign investment in high-technology Areas; scientists, experts in the country and abroad to work in high-tech Areas.
3. Protection for the ownership of capital, assets, profits, intellectual property rights, other rights and legitimate interests of organizations, enterprises and individuals operating in the high-technology; ensure their legal property in the high technology being acquired, confiscated by administrative measures and nationalized in time of realization of investment projects.
Chapter II article 5 INVESTMENT ACTIVITIES. The field of investment and the high-tech sector to encourage investment to 1. Fields of investment: a) to build and operate the infrastructure works.
b) production and sales of high-tech products.
c) scientific research and technological development, high-tech human resources training.
d) incubator of high-tech enterprises and high technology trade.
DD) provides the services.
2. The high-tech sector was encouraged to invest: a) in information technology, communication and informatics software technology.
b) biotechnology serving agriculture, fisheries and health.
c) technology, microelectronics, precision mechanical-optical-electronics, electronics and automation.
d) new materials technology, nano-technology.
DD) environmental technology, new energy technologies.
e) some other special technologies.
3. Based on the high technology sectors specified in clause 2 of this, high-tech Zone Management Committee announced the list of specific projects are encouraged to invest in high-tech zones in the field: production of high technology products, services and high-tech research and development in high technology.
Article 6. The jurisdiction and procedures of investing in high technology Area 1. High-Tech Zone Management Committee guidelines on procedure investors investing in high technology Area; receiving records, levels, adjust, revoked the license of investment for the project is authorized; the competent State agency level, regulate, license revocation for the investment project is not authorized.
2. for the project is authorized, within 15 working days from receipt of valid records enough, high-tech Zone Management Committee must consider, decide and inform the investor or the investment license denied, preferential investment certificates. The case of rejection, the high-tech Zone Management Committee must reply in writing and stating the reason.
3. With regard to the investment project is not authorized, high-tech Zone Management Committee is responsible for making the clue that helps investors solve the difficulties and obstacles in the process of implementing the investment procedure according to the principle of a door, in place.
4. Investment projects in high-tech Zone was established under the provisions of the law, there is clear explanation that meets these conditions is entitled to investment incentives in accordance with the law.
5. The investment incentives for foreign investment projects are reviewed at the same time in the process of appraising investment license and is regulated in the investment license. The incentives for investment projects in the country specified in the certificate of investment incentives.
Chapter III MANAGEMENT of the LAND and CONSTRUCTION of INFRASTRUCTURE, article 7. Land management 1. High-Tech Zone Management Committee was given land to build institutions and high-tech development zones according to the planning and the purpose of use has been the competent State agencies for approval. High-Tech Zone Management Committee allocated land, land rental for investors according to the order prescribed by the law of the land.

2. land use investors in Hi-Tech Zones granted land use right certificate. The certification authority the right to use the land under the provisions of the law of the land.
3. The procedures, certification of land use follow the instructions of the Ministry of natural resources and the environment.
Article 8. Planning and construction management of technical infrastructure 1. Construction engineering and infrastructure works in the high-tech zones must comply with the approved plan. High-Tech Zone Management records management planning, design engineering and documented the process of building infrastructure in the area of high technology.
2. for technical infrastructure works was built by the capital investment budget, high-tech Zone Management Committee organize the implementation according to the current provisions of the law.
3. for technical infrastructure works was built by the capital investment outside the State budget, high-tech Zone Management Committee guidelines and oversees the investors made the construction according to the provisions of the law.
4. The supply of electricity, water, post and telecommunications in addition to high-tech Zone boundaries due to the specialized business done at the request of the high-tech Zone Management Committee, in accordance with the planning and construction of high technology.
Article 9. Investment capital to build technical infrastructure 1. The State budget was arranged for the following tasks: a) general planning and detailed planning, preparation of investment.
b) clearance, clear bombs, landmines, explosives, leveling.
c) General technical infrastructure construction and high-tech Zones, high-tech Zone Management Committee.
d) build the technical infrastructure of the training area, area of research-development of high technology.
DD) build high technology business incubator.
2. Depending on the specific conditions for each zone, the prime consideration, decided to invest funds rate back to build high-tech zones in total annual revenue from the lease of the land tax in high-tech zones and time made this decision.
3. Building technical infrastructures in the areas left to be done by the other funds.
4. State the priorities called for official development investment (ODA) to build high technology Zone.
Chapter IV BUSINESS HIGH-TECH ZONE article 10. The business zone 1. Enterprise zone is to be established under the provisions of the law and operating in high-technology Areas, including: enterprise development, infrastructure, high-tech business, tech services business, the company develops high-tech zones and population services business.
2. enterprises and high-tech Zones have the following rights and obligations: a) the choice of forms of investment.
b) was delivered to Earth, land rental or leased land has built the infrastructure; rent or buy a home.
c) granted land use right certificates; is the mortgage value of land use right and property affixed to the land in the credit institution in accordance with the law.
d) Is the transfer of land use rights and the value of assets tied to the ground within the time limit, the land under the provisions of the law. Party assignee has the responsibility to continue to perform the obligations and enjoy the rights specified in the contract that the parties had signed with the business or infrastructure development companies and high-tech development zones, unless agreed otherwise.
DD) enjoy the preferential investment policies according to the regulations.
e) activities consistent with regulations in the investment license.
g) provide information to the high-tech Zone Management Committee and the management bodies of relevant State regulations.
h) The other rights and obligations under the provisions of the law.
Article 11. Business infrastructure development 1. Infrastructure development business is construction business and business infrastructure, houses, factories and other buildings in the high-tech Zone project was approved.
2. infrastructure development business has the following rights and obligations: a) The rights and obligations prescribed in item 2 article 10 of this regulation.
b) responsible for the quality of works; perform maintenance, maintenance works due to the construction business.
c) mobilization of investments in high-tech Areas.
d) after two years from the date of the decision approving the project technical infrastructure development, infrastructure development business if not implemented projects, high-tech Zone Management Committee will consider revoking the decision approving the project.
Article 12. High-tech enterprises 1. High-tech business enterprise is the manufacture of the products goods on the production lines of high technology applications.
2. high-tech enterprises have the right of direct export of products manufactured by enterprises and the rights, obligations under the provisions of item 2 article 10 of this regulation.
Article 13. High-tech services business 1. High-tech services business is providing business information services, high technology, technology transfer and knowledge transfer serves for direct research activities-development of high technology and the production of high technology products.
2. high-tech services business has the right, the obligation prescribed in item 2 article 10 of this regulation.
Article 14. The company develops high-tech zones 1. The company develops high-tech Zone is established by the State enterprises, high-tech Zone Management Committee.
2. The company develops high-tech Zone operates in the following areas: a) construction, high-tech development zones.
b) build business and technical infrastructure works and high-tech Zones.
c) perform services for investment activities, technology transfer activities in the area of high technology.
d other activities) is registered under the provisions of the law.
3. High-Tech Zone Management Committee organizational regulations and approved the Charter operations of the company and high-tech development zones.
4. The company develops high-tech zones have the rights and obligations prescribed in item 2 article 11 of this regulation.
Article 15. Population services business 1. Population service business is business made the services of houses, schools, health care, cultural activities and other services relevant to the lives of residents in the area of high technology.
2. population services business has the rights and obligations prescribed in item 2 article 10 of this regulation.
Article 16. Export processing zones, bonded zones and tax protection 1. In the high-tech zones established export processing zones, bonded, protected area under the provisions of tax legislation.
2. Ministry of trade issued the regulation on organization and operation of the tax in the area of high technology.
Chapter V ACTIVITIES in SCIENCE and technology, MANPOWER TRAINING, HIGH-TECH article 17. Scientific and technological activities 1. Scientific and technological activities in high technology Areas include: adaptive research, innovation, innovative high technology; incubation and technology transfer; Scientific and technological services.
2. the State encourages the institutions, enterprises and individuals in local and foreign investment in research and development of high technology in high-tech Areas.
3. State the focus of investment in building a number of key laboratories according to the areas of priority in the high-tech zones.
4. Scientists, experts in the country and abroad to work in the laboratory in the high-tech Zone enjoy preferential policies according to the provisions of the law.
Article 18. Human resources training activities in high technology 1. Human resources training activities in high technology Areas include: a) the training and the training of workers, technicians of high technology.
b) participated in training in the field of high technology.

2. the State encourages the institutions, enterprises and individuals in the country, established foreign vocational establishments, implementation of the program of cooperation in high technology training to training, training of workers, technicians of high technology.
3. The organization of training in high-technology Areas are infrastructure, rental services with preferential conditions and is responsible for implementing the provisions of the law on education and training.
Chapter VI VENTURE INCUBATION BUSINESS, HIGH TECHNOLOGY and HIGH-TECHNOLOGY TRADE article 19. Venture capital fund 1. Venture capital funds are financial institutions established under the provisions of the law to invest in high technology incubator activities and high-technology businesses. Venture investment funds operate on the basis of the Charter the Organization and operation of the Fund.
2. The function of venture capital Funds: a) mobilize, receive and manage the legal capital of organizations, enterprises and individuals in the country and abroad.
b) invested in high technology incubator activities, high technology business and enjoy the benefits from investment activities.
3. the State promotes: a) The foreign investment funds are operating in Vietnam and abroad join venture activity in high technology Areas.
b) organizations and individuals is the establishment or the Vietnam joint venture with foreigners established venture capital Fund.
4. the State provides the initial funding and support for the formation of venture capital Fund of development of high technology and high-tech businesses in the country.
Article 20. High technology business incubator 1. High technology business incubator whose mission is to organize and deploy support activities for organizations, individuals with ideas of science and technology, scientific research results technology make the perfect technology, product testing and established producers and high-tech products.
2. conditions, rights and obligations of organizations and individuals, the business incubator at the nursery business.
a) condition: there are high-tech projects in need of incubator is approved.
b) interests: Are High-Tech Zone Management Committee supports 50% of the rent, studios.
Free consultation, provide information on issues related to business incubation activities in the nursery business.
Rent in infrastructure and provide these services with preferential conditions.
Be facilitated using the equipment of the laboratory by the State investment in high-tech Areas.
Support loans in financial institutions and investment funds.
c) obligations: implementation of the provisions of the high-tech Zone Management Committee and the provisions of the law.
Article 21. Commercial operation of high technology and high-tech products 1. The commercial operation of high technology and high-tech products in high-tech Zone include: a) exhibit, advertising and high-tech products of high technology.
b) Buy, sell high-technology products.
c) technology transfer.
d) consulting services transfer, commercialization of high technology and high-tech products.
2. High-Tech Zone Management Committee organization and management of the activities specified in paragraph 1 of this article in accordance with the law.
Chapter VII the LABOR and RESIDENTIAL MANAGEMENT Article 22. Labor relations management of high-tech Zone Management implementation, test, urging the implementation of the provisions of the law on labour in high-tech zones authorized by the governing body of the competent State.
Article 23. Employers 1. Active investors in Hi-Tech Zones have the right directly employed and employers under the provisions of the law.
2. Foreigners who resided in Vietnam, foreigners working in high-tech zones are the high-tech Zone Management Committee granted work permits according to the governing bodies of the competent State.
3. Investors, employers have a responsibility to register the list of the foreign labor, Vietnam people settled abroad and change this list for the high-tech Zone Management Committee.
4. In the event of a merger, Division, transfer of ownership, management or the right to use the assets of the investors in the high-tech Zone, the new owner or successor employers have a responsibility to continue implementation of collective labor agreement and the employment contract signed until the parties to the contract have agreed this page change or terminate the old contract, signing a new contract.
Article 24. The regime for workers to labor conditions, rights and obligations of each party in labor relations by employers and employees agreed in the employment contract on the basis of the legitimate interests of workers.
Article 25. Residents in the zone Who Vietnam, Vietnam people settled abroad, foreigners working in high-tech zones and their family are resident in the high-tech zones in accordance with the laws and regulations of the high-tech Zone Management Committee.
Chapter VIII financial, ACCOUNTING, Forex Article 26. The currency unit of currency used in accounting, accounting of investments in high-tech Zone is Vietnam coins.
Article 27. The money paid to investors in high-tech Zone made repayments, to be paid into the State budget, make the purchase, sale, payment, transfer and other trading relations with Vietnam coins.
Article 28. Finance and accounting regime for investors in high technology Area make financial accounting mode under the provisions of the law. Investors have invested abroad apply different accounting regimes with regulations and common international standards must be approved by the Ministry of finance and with the high-tech Zone Management Committee before applying.
Article 29. Financial year 1. The financial year is calculated according to the calendar year from January 1 to December 31 every year. The first financial year is calculated from the date the investment license expired on December 31 of that year.
2. Investments in high-tech zones have invested abroad can apply the 12-month financial year does not coincide with the calendar year, but must be approved by the Ministry of finance and with the high-tech Zone Management Committee before applying.
Article 30. Financial statements investments in high-tech Zone set filing financial reports and accounting year for State management agencies have the authority under the regime of the report has been approved.
Article 31. Forex management Forex management to investors in high-technology Areas is done according the Vietnam's foreign exchange management.
Chapter IX GOVERNANCE Article 32 HIGH-TECH ZONE. Content governance 1. Strategy, planning, planning and policy development mechanism of high-tech Zones.
2. Regulations and guide the establishment, construction, development and management of high-tech zones.
3. level, adjust and recover the license.
4. test, inspection, monitoring the observance of the law and process violates the law in high-tech Areas.
Article 33. State management responsibility 1. The Ministry of science and technology: a) chairing building strategy, overall planning of high-tech development zones nationwide in line with the strategy for socio-economic development, the development strategy of science and technology in each period the prime consideration for approval.
b) building, issued by the authority or the Government, the Prime Minister issued the legal texts relevant to the mechanism, the development of high-tech zones.
c) inspect, inspect the construction, development, management and operation of the high-tech zones; reviews the performance of the high-tech zones and periodically report the Prime Minister.

2. The governing body of high technology Zone: a) The Prime Minister appointed the head of the high-tech Zone Management Committee directly.
b) authorisation for the head of the high-tech Zone Management Committee directly under the decision the project group B and Group C use State budget according to the provisions of the law.
3. the people's committees of the province or city where the high-tech Zone to perform administrative, residential, security, public order in high-tech Areas with a combination of high-tech Zone Management Committee.
4. The walk: planning and investment, finance, construction, labor, invalids and Social Affairs, resources and the environment, trade and other relevant agencies, to implement state management for high-tech zones or authorize the Tech Zone Management Committee made a number of State management tasks by function , his mission.
Article 34. Management of high-tech Zone Management Committee led by the Prime Minister decided to form state management functionality on activities in the area of high technology as prescribed by law. High-Tech Zone Management Committee organized and payroll directly under the governing body of high technology Zone, used seals have a coat of arms, is the clue was given the annual plan targets, there is a account and was granted funding from the State budget.
Article 35. The duties and powers of the high-tech Zone Management Committee 1. Manage the planning, planning: is your favorite) to manage the implementation of the overall planning of high-tech zones and detailed planning the functional areas.
b) planning for development of high technology in 5 years and every year the governing body high technology Zones and the competent State agencies for approval.
c) Organization made plans to build a high-tech development zones and approved.
2. Mobilization of investments, investment management and build: a) the construction and implementation of the plan, investment promotion.
b) levels, adjust, revoked the license of investment and preferential investment certificates as defined in article 6 of this regulation.
c) decided the project groups B and C for the investments using capital budget under the authorization of the governing body in high technology Areas.
d) Organization to build and exploit the construction, technical infrastructure in the area of high technology.
DD) in partnership with the institutions, enterprises and individuals in the country and abroad about the sectors related to construction and high-tech development zones.
e) check the implementation of investment projects in the area of high technology.
3. Land Management: implementation of the land management in the high tech Area as defined in article 7 of this regulation.
4. Build the Charter organization and operation of the high-tech Zone Management Committee the governing body approves hi-tech Park.
5. Organization and management of services in the area of high technology.
6. periodic reports, irregularly with the Prime Minister, the governing body of high technology Zones and state management agencies have the authority about the situation development, construction, management and operation of high-tech zones.
Article 36. Structure of high-tech Zone Management Committee 1. Organization management of high-tech zones including the head, the Deputy Head of Department, Office, business, board room, the business units and companies of high-tech development zones.
2. the head of the high-tech Zone Management Committee led by Prime Minister appointed as proposed by the governing body in high technology Areas. The Deputy head by the head of the governing body appointed by the high-tech Zone as proposed by head of Department.
3. the head of the high-tech Zone Management Committee is responsible for all operating activities of high-tech Zone Management Committee, responsible to the Prime Minister and the head of the governing body of high technology Zone on the operation and performance of high-tech zones.
Chapter X TERMS Enacted 37. Dispute resolution The dispute arises in the high-tech zones are addressed in accordance with the law.
Article 38. Handle violation of organizations, enterprises and individuals active in the high-tech Zone in violation of the provisions of the law, the provisions of this Regulation shall be processed under the provisions of the law depending on the extent.
Article 39. Other regulations apply the provisions in the other legal texts with regard to the issues relevant to the operation of the high-tech zones are not specified in this regulation.