The Decision 217/2005/qd-Ttg Issuing Regulation: On The Organization And Operation Of International Border Gate Economic Zones Seaboard Y, Kon Tum Province

Original Language Title: Quyết định 217/2005/QĐ-TTg: Về việc ban hành Quy chế tổ chức và hoạt động của khu kinh tế cửa khẩu quốc tế Bờ Y, tỉnh Kon Tum

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The PRIME MINISTER'S DECISION on the regulation of organization and operation of international border gate economic zones Seaboard Y, Kon Tum province PRIME Government Organization Law base on December 25, 2001;
Pursuant to decision No. 06/QD-TTg on January 5, 1999 by the Prime Minister approving the project: socio-economic development in the region and Shore gate decision No. 53/2001/QD-TTg dated 19 April 2001 of the Prime Minister on the policy for border gate economic zone;
Consider the proposal of the Chairman of the people Committee of Kon Tum province in the sheet number 11/TT-UB dated 22 March 2005, the Ministry of planning and investment in the sheet number 4606/BKH-QLKTTW on December 7, 2005 opinion and the ministries concerned, DECIDE: article 1. Attached to this decision the Organization and regulation of activities of the international border gate economic zone, Coast province of Kon Tum.
Article 2. This decision has the effect after 15 days from the date The report.
Article 3. The Secretary of the Department: planning and investment, finance, the Interior, Foreign Affairs, defense, public safety, transportation, trade, resources and the environment, General Director of tourism, Secretary of the Management Board of international border gate economic zones Seaboard Y, heads of agencies and the President of the province of Kon Tum people's Committee is responsible for the implementation of this decision.
 
REGULATIONS of the 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) chapter I GENERAL PROVISIONS article 1. This regulation regulates the activity, some of the policy and governance Organization for international border gate economic zones Seaboard Y; the rights and obligations of organizations and individuals in local and foreign investment activity, trading goods, services, investment and construction of infrastructures in this border gate Economic Zones.
Article 2. International border gate economic zones Seaboard Y was defined geographical boundaries in the territory and the sovereignty of countries with functional areas, the investment environment, the most favorable business according to the current regulations including the socio-economic infrastructure and management mechanisms, policies conducive to business activities in line with the market mechanism.
International border gate economic zones Seaboard 68,570 in area Y ha, including the Sa, Loong Y Shore Township, black tiger, Dak Nong, Dak Dak and Plei Kần town district, Kon Tum province have boundaries as follows:-North Dak Glei district district;
-On the South by the District of Sa Master;
-The East borders the District of Dak and commune Đắk Ang (district Feedback);
-To the West by Laos and Cambodia (with borders with Laos, Cambodia, 30 km 25 km).
Article 3. The development of international border gate economic zones Seaboard Y: 1. building and developing international border gate economic zones Seaboard Y becomes The driving force, the Center link on the East-West economic corridor development triangle in three Vietnam-Laos-Cambodia.
2. The construction of the Center, international border gate economic zones Seaboard Y became the municipality borders, effectively the exploitation conditions of geography, politics, economy, culture and society in the process of international economic exchanges to promote economic development, promote the work of radicular gate Economic Zones Seaboard international Y for the play triangle development of the three countries Vietnam-Laos-Cambodia in the integration process.
3. Promote the development of rural areas, border and limiting the negative impact to the environment, ecological, social, cultural, ethnic, national defense security order on the basis of creating more jobs, promote training and improve recreation and quality of human resources.
4. Facilitate the protection of territorial sovereignty and national border security, effectively solving social issues, advanced material and spiritual life of the people, ensuring national unity, strengthen the friendship cooperation relationships with the countries in the region.
Article 4. The Government of the Socialist Republic of Vietnam to encourage and protect the Organization, individuals of all economic sectors in Vietnam, Vietnam people settled abroad and foreign investors participate in the investment business at international border gate economic zones Seaboard Y in the field : import and export, temporary import, re-export, transit goods shipping line with transit transport agreement goods, bonded warehouse, duty free shop, exhibition, shop products, the production, import and export goods processing, the branch representatives, domestic and foreign companies Gate market, investments, infrastructure, tourism, financial services, banking, ... in accordance with the law of Vietnam and the international treaties to which Vietnam has signed or joined.
Article 5. Economic institutions, households, individuals, Vietnam people settled abroad; Organization of foreign individuals, businesses invested abroad, the parties to the contract business cooperation under the foreign investment Law of Vietnam was established and operated the economy International Banks Y subject to the terms and enjoy the incentives provided for in this regulation , the other provisions of the law of Vietnam and the international treaties to which Vietnam signed or joined.
Article 6. In addition to the right to enjoy the incentives on businesses operating in international border gate economic zones Seaboard Y enjoy more the following incentives: 1. Use do not have to pay the construction of infrastructure, public utilities and use pay services the business offers according to a price.
2. the transfer of land use right and property affixed to the land in the land lease, the leased land in accordance with the law, in accordance with the land use purpose of the project was to be invested. In case of change of the purpose of the project's initial investment, the transfer of land use right and property affixed to the land only after being approved by the competent authority.
3. Are the mortgage value of land use right and property affixed to the land in the land lease, leased land at the credit institutions operating in Vietnam and in the foreign credit institution according to the rules of law.
Article 7. International border gate economic zones Seaboard Y was developed by the funding primarily the following:-the central budget to support Capital investment in the construction of infrastructure of international border gate economic zones Seaboard Y;
-Credit Capital investment and development of the State;
-Capital of businesses and residents in the country;
-The capital of credit institutions, capital of organizations, foreign individuals;
-Release of government bonds for the investment projects of infrastructure construction has a large scale, the important role for the development of the Economic Zone gate according to regulations on issuing Government bonds to mobilize capital investment;
-Used Land Fund made the investment to build infrastructure.
The works of infrastructure of social-economic gate Economic Zones Seaboard international medicine was put on the list of projects calling for which official development assistance (ODA).
CHAPTER II OPERATION of INTERNATIONAL BORDER GATE ECONOMIC ZONES SEABOARD Y article 8. Entry, exit, residence, staying at international border gate economic zones Seaboard y. 1. The exit and entry of citizens of Laos and Cambodia in the development triangle of three Vietnam-Laos-Cambodia: citizens of the Democratic Republic of Laos (following referred to as Lao citizens) and the population of the Kingdom of Cambodia (hereinafter referred to as Cambodian citizens) residing in the province in the development of the three countries triangle Vietnam-Laos-Cambodia be back gate economic zone in the country International Paper demonstrate medical Coast border due to the competent authorities of Laos and Cambodia. The time limit allowed staying at international border gate economic zones Seaboard Y do not exceed 15 days.

2. the entry, exit, residence, staying at international border gate economic zones Seaboard Y.-the alien, who settled overseas Vietnam carrying foreign passports to learn the market, work, investment, business activity in international border gate economic zones Seaboard Y and the family members they were granted exit visas the entry whose value many times. Cases on work business, investment will be considered level card, the time limit for a maximum card is 3 years.
-Ministry of public security instructed public security gate Economic Zones Seaboard international Y make the management of the entry, exit, residence, staying at international border gate economic zones Seaboard Y. Article 9. The central budget support targeted in the estimation of annual budget to invest in fast-growing focus of infrastructure of international border gate economic zones Seaboard Y (in term of the project). In addition to the central budget funds was also mobilized the resources of the other economic sectors as well as resources to support official development (ODA) to developing the infrastructure.
Article 10. Investing, credit, land and labour's international border gate economic zones Seaboard Y: 1. The projects of eco-tourism business in international border gate economic zones Seaboard Y enjoy investment incentives under Decree No. 51/1999/ND-CP dated 8 July 1999 from the Government detailing the implementation of the law to encourage investment in the country.
2. enterprises in the economic sectors of investment, production, business at international border gate economic zones Seaboard Y is considering development assistance Funds for the State's credit loans according to the current regulations of the Government of Vietnam on development investment credit of the State.
3. organizations, individual manufacturing, trading goods, services, businesses have invested abroad and outside the contract of cooperation of business activity in international border gate economic zones Seaboard Y, after settlement with the tax authorities of that loss shall be transferred to the following year's losses This loss be deducted from taxable income. Time was moving the hole no more than 5 years.
4. organizations and individuals who have investment projects in international border gate Economic Zones Seaboard Y is free in 11 years from the date of contract for leasing land and enjoy the land by 30% land rental apply to mountainous districts of Kon Tum province since the twelfth year onward.
5. organizations and individuals have called capital from capital not belonging to the State budget to invest in the socio-economic structures in international border gate economic zones Seaboard Y enjoy a certain bonuses from local budget resources under the Ministry of finance After the project goes into operation, have the product flow, make the market in, outside the country.
CHAPTER III OPERATION of COMMERCIAL and INDUSTRIAL ZONE in INTERNATIONAL BORDER GATE ECONOMIC ZONES SEABOARD Y article 11. International border gate economic zones Seaboard Y include: commercial and industrial zones, the Administration, management and control of international border gate, residential and urban areas, tourism and services, development of forestry and agricultural areas. The scale, position each zone identified in the overall planning and details of international border gate economic zones Seaboard Y. Trade and industry in international border gate economic zones Seaboard Y (hereinafter referred to as the industrial and commercial Areas) are separated from the other functional areas of the international border gate economic zones Seaboard Y and wall system by domestic showers hardware, gate and door, ensure the control of persons, goods and means of transport of the relevant authorities.
In commercial and Industrial Zones have no inhabitants (including foreigners) of residence often.
Article 12. Import and export of goods and services of the commercial and Industrial Zones:-Exchange of goods and services between industrial and commercial Zones with other functional areas in the inland and border gate economic relations is the export, import and must comply with the provisions of the law on the export import of Vietnam; to perform the customs formalities prescribed by the law of Vietnam customs. Exchange of goods and services between industrial and commercial Zones with foreign countries are viewed as foreign exchange between relations with foreign countries.
-Economic organizations active in industrial and commercial Areas are exported abroad and imports from all foreign goods and services that the law does not prohibit Vietnam.
-Economic organizations, individuals in the Economic Area and the gate address is entered from the industrial and commercial Areas of goods, services that Vietnam did not ban the import, export and trade in industrial goods, the services that Vietnam does not export.
-Goods, services imported from foreign countries into the trade and industry or the goods or services from the commercial and industrial exports abroad, are tax free import, export tax.
-Goods, services imported from foreign countries on industrial and commercial Zones are not subject to value added tax.
-Cargo services in commercial and Industrial Zones; Service merchandise imported from overseas industrial and commercial Zones are not subject to value added tax; goods and services from other functional areas in the economy of the gate and from the hinterland brought into industrial and commercial Zones enjoy value-added tax is 0%; goods and services from industrial and commercial Zones take into other functional areas in the economy of the gate and into Vietnam domestic value added tax incur according to the provisions of the current law.
-The goods or services subject to special consumption tax are produced, consumed in the commercial and Industrial Area and the goods or services subject to special consumption tax imported from overseas and from domestic Vietnam into industrial and commercial Zones are not subject to special consumption tax except cars subject to special consumption tax.
-The goods or services subject to special consumption tax from commercial and Industrial Zone exports abroad is not subject to special consumption tax.
-The goods or services subject to special consumption tax from commercial and Industrial Zone put on domestic Vietnam suffered special consumption tax.
-Goods production, recycling, assembled in the commercial and industrial use of raw materials, components and accessories imported from abroad under the current rules on the management of imports; When imported into Vietnam's Interior only have to pay tax for the import of raw materials, components and component in the product, goods. The case does not use raw materials, component parts imported from overseas when imported into Vietnam's interior is not filed tariffs.
Article 13. Investment in commercial and Industrial Zones-The direct investment projects abroad on trade and Industrial Zones approved under the registration procedure for licensing investment. Domestic investment projects are reviewed, approved according to the current regulations with the most simple procedure.
All investment projects in industrial and commercial Areas are entitled to the maximum incentives apply to the geographical socio-economic conditions particularly difficult under the provisions of 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 and the law on investment incentives in the country (modified) on 20 May 1998; Enterprise income tax law, the law on value added Tax and other incentives under international treaties, multilateral trade agreements or bilateral that Vietnam signed or joined.

-The investment project on industrial and commercial Zones are exempt from corporate income taxes during four years since have taxable income, 50% reduction of corporate income tax payable in the next nine years; apply tax rate the corporate income tax of 10% in the 15 years since the project began operations.
-Investment projects to build new production lines, expansion, technological innovation, improve the ecological environment, raise production capacity shall be exempt from enterprise income tax for the income increase due to investments yield a maximum of four years and a 50% reduction of the payable tax of up to seven years.
-The case of the legal text has defined the different incentive levels about the same problem then apply preferential rates provided for in the text of higher legal force.
-The case of the legal texts provisions on the same issue by the same agency that issued that have different rules, shall apply the provisions of the text to be issued after.
Article 14. For travelers in and out of the water when on industrial and commercial Zones referred to in article 8 of this regulation be allowed to buy goods duty-free imports on domestic price levels brought about under 500,000 VND/person/day.
CHAPTER IV STATE MANAGEMENT for INTERNATIONAL BORDER GATE ECONOMIC ZONES SEABOARD Y article 15. Establishment of the Management Board of international border gate economic zones Seaboard Y 1. Establishment of the Management Board of international border gate economic zones Seaboard Y directly under the Prime Minister.
2. Management of international border gate economic zones Seaboard Y is the State agency directly for international border gate economic zones Seaboard Y, helps steer Prime made the construction of economic development zones and international banks of Y according to the master plan, the plan progress has been the competent State agencies approved and according to the regulations in order to implement state management focus, unified activities on all areas of investment, economic development-culture-society at international border gate economic zones Seaboard y. 3. Management of international border gate economic zones Seaboard Y has a legal personality, a seal bearing the coat of arms, based, payroll, cost of operation because of the State budget and is the focal point of the plan, estimating the level I is the basic construction capital balance from the State budget.
Article 16. The duties and powers of the Management Board of international border gate economic zones Seaboard Y Economic Zone Management International Banks Y made the following rights and duties: 1. To implement the General Plan of construction has been approved by the Prime Minister and the proposed research adjust Supplement planning; urban expansion; detailed planning of economic development zones Seaboard international Prime or the medical authority for approval and implementation.
2. Build the investment plan, the decision to list the projects of construction every year in groups B and C, set the category group A the Prime Minister or the competent authority for approval and implementation.
3. Grant, extension and revocation of business registration certificates, the investment license, a license to establish a representative office, branch of traders and domestic and foreign businesses, preferential investment certificates, permits, certificates of origin of goods and the other certificate under the authorization of State competent bodies in international border gate economic zones Seaboard Y. 4. The whole area of the land, the water was already planning for developing economic zones Seaboard international medicine was delivered once to management to traffic management or for rental investors make investment projects in accordance with the current legislation.
5. Construction, the framing, the fees and charges to perform at international border gate economic zones Seaboard Y as specified by current laws.
6. Is the clue to solve the problems arising in the process of establishment, deployment and implementation of investment projects, business and activities at the international border gate economic zones Seaboard Y, including the form of BOT, BTO.
7. Management, examine the implementation of the measures for protecting resources and the environment in the economic zones Seaboard international Y, coordinate 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 international border gate economic zones Seaboard Y. 8. Hosted, in cooperation with local authorities and relevant agencies in ensuring all activities in international border gate economic zones Seaboard Y match the operational and organizational regulation of international border gate economic zones Seaboard medicine. 9. Implementation of the management, management of investment using the construction project by investment capital from the State budget in the Economic Zones Seaboard international medicine as prescribed.
10. The organization, deployment, introduce, negotiate trade, investment promotion and foreign travel.
11. a study of the new economic management mechanism on exit, entry, export, import, international cooperation, the ethnic policy applied in international border gate economic zones Seaboard Y. 12. Organizational management payroll, property, and financial training. Implementation of the cooperation with the State agency involved in the inspection, inspection, complaint resolution denounced and resolving complaints, violations in the areas of operations at the international border gate economic zones Seaboard Y, fight against corruption, waste, negative security assurances , the social order.
13. Work closely with the Department of Defense and the Ministry of public security made good on projects related to security and defence.
14. Implementation of the cooperation plan between the development assistance in the development of the three countries triangle Vietnam-Laos-Cambodia; management coordination between Governments to ensure that the activities of international border gate economic zones Seaboard Y in accordance with the agreement, the current agreement between the Government of the Socialist Republic of Vietnam, the Government of the Lao People's Democratic Republic and the Government of the Kingdom of Cambodia as well as the agreements between the provinces in the development triangle of three Vietnam-Laos-Cambodia.
15. Periodically report the Prime Minister, the ministries concerned and Kon Tum province people's Committee about the development, deployment, planning and construction plans, the implementation of policy at international border gate economic zones Seaboard Y. 16. Perform other duties as assigned by the Prime Minister in each period.
Article 17. Organization of management of international border gate economic zones Seaboard y. 1. Board leadership: management of international border gate economic zones Seaboard Y has the head and the Deputy head. Head of the Board of management of international border gate economic zones Seaboard Y due to the Prime Minister appointed under the recommendation of the Minister of the Interior.
The Deputy Head of Government appointed by the Prime Minister on the advice of Chief after the opinion of the Ministry of the Interior.
2. The Management Board's economic zones Seaboard international medicine include:-the main office located at the Center gate Economic Zones;
-The inspection;
-The Organization, training and the communes;
-Planning and investment;
-Corporate Finance Committee;
-Board resources and the environment;
-Board of trade-industrial and tourism;
-Management of the combined checkpoint international banks of Y;
-For representative management international border gate economic zones Seaboard Y in Hanoi;
-The unit of the enterprises.
3. Staffing of the management of international border gate economic zone Y: Shore a) staffing of the administrative management of the Economic Zones Seaboard international Y by the Minister of Interior Affairs as suggested by head of the Board of management of international border gate economic zones Seaboard Y;

b) staffing of career management international border gate economic zones Seaboard by head of the decision according to the hierarchy after the opinion of the Minister of the Interior.
4. The Ministry: trade, defence, public security, construction, transportation, finance, planning and investment, resources and the environment, tourism, the central agencies concerned and Kon Tum province people's Committee according to the functions, duties and powers of the authoritative, his instructions to the management of international border gate economic zones Seaboard Y made a management mechanism the door, in place are effective.
Article 18. The responsibility of the province of Kon Tum people's Committee 1. Kon Tum province people's Committee chaired, in cooperation with the management of international border gate economic zones Seaboard Y organizations make good ethnic policies, resettlement and social policies, solutions to ensure the life of the people and living conditions, work for workers in economic zones Seaboard international health. 2. The decision to support the cost of vocational training for workers to meet the requirements of development of international border gate economic zones Seaboard Y and Laos and Cambodia in the development triangle of three Vietnam-Laos-Cambodia according to the current legislation.
3. The Steering Committee that the people of the district and the Agency in cooperation with the management of international border gate economic zones Seaboard Y implemented measures to ensure security, social security, creating favorable conditions for the operation of enterprises, effective enforcement work against smuggling , commercial fraud and other illegal acts on the province related to the operation of international border gate economic zones Seaboard Y. 4. The written agreement with the authorities of the province in the development triangle three countries Vietnam, Laos and Cambodia on the principles of cooperation to support the management and coordination of activities of international border gate economic zones Seaboard Y on the basis of current legislation of each country and in accordance with the development of cooperation between the countries in the region.
Article 19. The responsibility of the ministries of State management at the international border gate economic zones Seaboard Y the ministries relating implement state management functions for international border gate economic zones Seaboard Y and authoritative for the management of international border gate economic zones Seaboard Y performs the functions the mission, in the scope of the authority with respect to the areas of economic development, investment, construction, planning, resource management and the environment, urban development and management, labor management, import-export and some other areas in accordance with the law and the provisions of this regulation.
For those areas not decentralized, delegated to management of international border gate economic zones Seaboard Y, the ministries and Central Kon Tum province people's Committee to implement state management functions by elected representatives or organizations parts standing in international border gate economic zones Seaboard Y to execute tasks under its jurisdiction in order to facilitate the operation of the investor and the enterprise.
Chapter V PROVISIONS Enacted 20. The other regulations related to the activities of the Organization, the individual in the Economic Zones Seaboard international medicine not prescribed in this regulation are carried out according to the respective provisions of the commercial law, the law on foreign investment in Vietnam, domestic investment encouragement Law, business law , Land Law, other legal texts and international treaties to which Vietnam signed or joined.
When the new policy mechanisms, more incentives to be issued with proper operation of the gate Economic Zones shall be applied to international border gate economic zones Seaboard Y./.

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