The DECISION on the establishment and promulgation of regulations of the Chu Lai open economic zone in Quang Nam province _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the PRIME MINISTER pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the conclusion of the Politburo in announcing No. 79-TB/TW on September 27, 2002;
Considering the recommendation of the Minister of planning and investment, the DECISION: article 1. Establishment of the Chu Lai open economic zone in Quang Nam province.
Article 2. Issued the regulations of the Chu Lai open economic zone, attached to this decision.
Article 3. This decision takes effect 15 days from the date The report.
Article 4. The Secretary of the Department: planning and investment, finance, defence, the Interior, public security, natural resources and environment, construction, trade, heads of ministries, ministerial agencies, government bodies and the President of the people's Committee of Quang Nam province is responsible for the implementation of this decision.
 

 



(Signed) PRIME MINISTER Phan Van Khai ACTIVE REGULATION of the CHU LAI OPEN ECONOMIC ZONE (attached to decision No 106/2003/QD-TTg dated 5 June 2003 from the Prime Minister's) Chapter 1: GENERAL PROVISIONS article 1. This regulation regulates the activity of the Chu Lai open economic zone (hereinafter abbreviated as Chu Lai KKTM).
Article 2. Chu Lai KKTM was geographic boundaries defined in the territory and the sovereignty of countries but have separate economic space, the investment environment, the most favorable business under the current rules, including social-technical infrastructure and management mechanisms, policies conducive to business activities in line with the market mechanism to encourage investment and encourage exports.
Chu Lai KKTM include Mountain town and the Tan (not including the Chu Lai airport, and some locations due to the people's Committee of Quang Nam province identified), Tam, Tam, Tam, Tam Giang, Hoa, Tam, Tam, Tam, Tam Xuan TIEN, English 1 Mount The District; the commune of Phu, Tam, Tam, Tam Thanh Thang and An Phu ward in the town of Tam KY, Quang Nam province; geographic boundaries are defined by geographic coordinates from 10802616 to 10804404 e and from 1502338 to 1503843 degrees North: a) on the East by the South China Sea, b) on the West by Tan America and Thanh, district of Mountain city, Quang Nam province, c) on the South by the District of Binh son district, Quang Ngai province , d) on the North by the District of Quang Nam province.
Article 3. Chu Lai KKTM was founded aiming to:-apply the institutions, the new policy mechanisms, created the environment for investment, business equity, in line with international practices for the business type of economic institutions in and outside the country, which has more experience for international economic integration and the region;
-Apply the model, new impetus for economic development, to overcome the obstacles in policy and management mechanism of the current economy, while not yet having made conditions on the nationwide;
-Development of production, create the products with quality and high competitiveness, boost exports and expand into the world market;
-Create jobs, promote training and improve the quality of human resources;
-Exploiting the advantage of natural conditions, geographical location and the political economy of trade, domestic and international services to promote socio-economic development in Vietnam, contributing to create a driving force for socio-economic development for the whole of the central area, the gap between the development of this area to the other regions in the country.
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 and operations at Chu Lai KKTM in the areas of: business investment infrastructure and municipalities; industrial development; urban development; trade, business services, tourism, entertainment, finance and banking, transport, insurance, education and training, health, housing, export, import of the goods and all other business activities in accordance with the law of Vietnam and the international treaties to which Vietnam has signed or joined.
Article 5. Vietnam business in the economic sectors, businesses have foreign investment in Vietnam is established and works at Chu Lai KKTM subject and enjoy the incentives in this regulation, the provisions of the law of Vietnam and the international treaties to which Vietnam signed or joined.
Article 6. In addition to those entitled under the provisions of the law of Vietnam and the international treaties to which Vietnam signed or joined, the business activity in Chu Lai KKTM was entitled to the following rights: 1. the use of infrastructure works, public facilities and services overall service for Chu Lai as KKTM roads , Harbor, technical infrastructure systems, electric lighting, electric supply, water supply, communication by price deals with the infrastructure business.
2. Enjoy the investment incentives provided for in this regulation.
3. 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.
4. 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. Chu Lai KKTM was developed by the funding primarily the following:-the State budget to support the construction of infrastructure works most urgent importance for the operation of KKTM.
-Credit Capital investment and development of the State.
-Capital of businesses and residents in the country: through direct investment projects and forms bonds works or objects that wish to use the infrastructure of an advance. Extend credit form of co-financing.
-Capital: encourage the highest level of attracting foreign direct investment, including the application of investment form of BOT, BTO, BT; the capital of credit institutions, capital of organizations, foreign individuals.
Infrastructure works and social engineering of Chu Lai KKTM was put on the list of projects calling for ODA.
Chapter 2: ORGANIZATION of the ACTIVITY of the CHU LAI OPEN ECONOMIC ZONE article 8. Chu Lai KKTM consists of two zones: zone tax-free and Customs Area. The scale, position each zone will be defined in the detailed planning of Chu Lai KKTM.
Tax-free zones in Chu Lai KKTM (hereinafter referred to as the tax-free Zone) is the area identified in the detailed planning tied to a part of the port States Ha (free port). Tax-free zone has a hard barrier separates with the surrounding area. In the tax-free with no residential area.
Tariff zone is the area left of the Chu Lai KKTM outside tax-free. In the area of tariffs have the industrial zones, export processing zones, special entertainment, tourism, residential and administration.

Article 9. The operation of tax-free free port Zone in association with port States Ha including the export of manufacturing activities and served on the spot (all recycled, machining), commodity trade (including export, import, transfer, temporary import-re-export, distribution, retail supermarket) , commercial services (classification, packaging, shipping and delivery of goods in transit, storage, warehouse, postal, telecommunications, finance, banking, transport, insurance, entertainment, entertainment, gourmet restaurants), commercial promotion (product introduction, the exhibition-fairs; the most recent branch, Representative Office of the company within the country and abroad , including financial institutions, banks) and other commercial activities.
Article 10. The exchange of goods and services between tax-free with expats and between enterprises in the urban tax-free together was like watching the exchange between foreign relations with foreign countries. Active economic organizations in the tax-free export abroad and imports from all foreign goods and services that the law does not prohibit Vietnam. Foreign goods imported into tax-free or cargo from the tax-free offshore export, not the import tax, export tax.
Unlimited storage time in tax-free goods.
As for the free port Zone in the port States, allows foreign vessels to be directly on the Harbor offers, do not do the immigration procedure for people, just do the procedure for vessels at buoy number 0.
Article 11. The goods on Customs Zone in Chu Lai KKTM must comply with the provisions of the law on the export tax, commodities, import tax, but apply the most convenient customs procedures.
The free circulation of goods between tariffs and inland.
Article 12. Exchange of commodities between the Urban tax-free zone tariffs in Chu Lai and domestic KKTM was regarded as foreign exchange between relations with Vietnam, must comply with the provisions of the law on the management of Vietnam export and import goods.
Individuals and organizations in the area of tariffs and internal address is entered from the tax-free goods, services that Vietnam does not prohibit import and export into the tax-free goods, services that Vietnam does not export.
Goods imported from Africa into the customs tariffs and domestic or export goods from customs and inland into the tax-free import taxes or export tax and subject to the supervision of the inspection, the Customs gate.
Raw materials, supplies and goods by enterprises in the tax-free import from foreign markets but not handled and the product also has commercial value are allowed to sell in the domestic market after the completion of customs procedures.
The project to produce for export and transit transport follow the General rules.
Article 13. Allowing foreign investors to trade investment international telecommunication services according to international integration roadmap that Vietnam has committed to serve exclusively for Chu Lai KKTM with fees due the investors decide.
Chapter 3 INVESTMENT INCENTIVES article 14.
1. The projects of foreign direct investment into Chu Lai KKTM was approved under the registration procedure for licensing investment. Domestic investment projects are reviewed, approved according to the current regulations with the simplest procedure.
2. All investment projects in Chu Lai KKTM was maximum incentives apply to the geographical socio-economic conditions particularly difficult under the provisions of the law on foreign investment in Vietnam in 1996, the law on amendments and supplements to some articles of the law on foreign investment in Vietnam in 2000 and encourage domestic investment Law (revised) in 1998 and other incentives under the international treaties to which Vietnam signed or joined. The case about the same issues that the legal texts regulating the different incentive levels shall apply preferential rates the highest.
Article 15.
1. The goods or services produced, consumed in the tax-free goods and services imported from foreign countries into the tax-free not subject to value added tax.
2. Goods or services from domestic tariff Area and brought in tax-free Zones apply value added tax is 0%; goods and services from the tax-free zone, bringing in domestic tariffs and value added tax should be subject to the tax under current rules.
3. Goods and services subject to special consumption tax are produced, consumed in the tax-free Zones or are imported from foreign countries into the tax-free not subject to special consumption tax.
4. Goods and services subject to special consumption tax from tax-free Zones brought in domestic tariff Area and must bear special consumption tax.
5. The goods originating from the tariffs and domestic and imported goods from abroad into the tax-free import tax exemption.
6. Goods producing, processing, recycling, assembled at the tax-free when exported to a foreign tax exemption for export.
7. Goods producing, processing, recycling, assembled at the tax-free use of raw materials, component parts imported from overseas when imported into Vietnam's Interior only have to pay tax for the import of raw materials, imported components constitutes in the product, such goods.
Article 16. The organizations and individuals who have the capital Stadium official development assistance, direct investment projects abroad in Chu Lai KKTM was awarded under the regulation by the Management Committee of Chu Lai KKTM issued after the opinion approved by the Ministry of finance.
Article 17. Domestic enterprises in the economic sectors to invest in manufacturing, trading at Chu Lai KKTM was development assistance Funds for the State's credit loans according to the current rules.
Article 18. Allow the objects was the Vietnam, Vietnam people settled abroad, foreigners residing in Vietnam and foreign investors are investing in the construction of housing for sale or rent; investment in infrastructure construction to lease or transfer land-use rights has built the infrastructure in Chu Lai KKTM. Allow the Vietnam settled abroad, foreigners residing in Vietnam and foreign investors buy the homes in Chu Lai KKTM.
Article 19. apply a price for goods, services and land lease to individuals and enterprises, irrespective of the country and abroad.
Chapter 4: LAND USE article 20. The whole area of the land, the water was planning for investment in development of the Chu Lai KKTM was given once for Chu Lai Management Board KKTM. KKTM Chu Lai Management Board compensation organization, ground clearance under common rules to land, land rental has been compensated, clearance for investors. The delivery and land rental, water for each specific project by the Chu Lai Management Board KKTM decided based on the needs of the project, regardless of the area. KKTM Chu Lai Management Board uniform management and responsible use of the Land Fund, effective water were delivered.
The individual, economic organization is allocated the land or rent land, institutions and foreign individuals are hired to implement investment projects.
Article 21. Prices for rent of land due to the Chu Lai Management Board KKTM each project and decide to follow each stage of the match and ensure investment is encouraged on the basis of the framework regulations of the State.
Pilot the land use rights auction, bidding for the project including land use in the delivery of land, land rental in Chu Lai KKTM for investors.

Article 22. The infrastructure development company in Chu Lai KKTM was KKTM Chu Lai Management Board for permission to build and manage public works, providing the infrastructure services, transfer of land use rights and land leasing to businesses, only to sign with the Chu Lai Management Board KKTM about land use purposes.
The price of land use right transfer and lease back the land was made according to the market mechanism.
Article 23. Enterprises and institutions in the Chu Lai KKTM before building works must have permission management KKTM Chu Lai. KKTM Chu Lai Management Board have decided within 7 days from the date of receipt of a valid application.
The management of construction projects in Chu Lai KKTM was made according to the regulations of the State.
Chapter 5: FINANCIAL REGIME, labor, BUSINESS, ORGANIZATION, entry, RESIDENCE and CONTACT INFORMATION, article 24.
1. Aliens who settled overseas Vietnam learn the market and prepare investment, join the work, investment and business operations at Chu Lai and KKTM family members they were granted immigration visas are worth many times with time limit time limit fit to work investment activity, at Chu Lai KKTM.
2. The residence, staying in the Chu Lai KKTM made under the provisions of the public security of Quang Nam province.
3. The Ministry of public security instructed police in Quang Nam made the account mentioned above.
Article 25. The purchase, payment, transfer and other trading relations between economic organizations, individuals in the tax-free together are allowed to perform in the currency freely convertible through the account opened at the Bank. The sales of the goods usually serve paid activities in Vietnam.
Article 26.
1. The Bank operates in the tax-free can open a currency exchange counters according to the current rules.
2. The goods are transported out of or into the tax-free must be priced in foreign currency; the fees submitted to the governing body in the State of Chu Lai KKTM are in Vietnam, fees or are quoted in foreign currencies or in Vietnam.
Chapter 6: GOVERNANCE for CHU LAI OPEN ECONOMIC ZONE article 27. KKTM Chu Lai Management Board because the Prime Minister decided to implement centralized management, unified activities on the field of economic development, investments in Chu Lai KKTM.
KKTM Chu Lai Management Board is the State agency having legal personality, a seal bearing the coat of arms, there are payroll, have active funding due to State budget, is the focal point of the plan was a private balance construction capital from State budget sources.
KKTM Chu Lai Management Board by appointing the Prime Minister. The Deputy Head of the Committee by the Chairman of the people's Committee of Quang Nam province.
The Ministry: trade, defence, public security, finance, construction, planning and investment, resources and the environment, tourism and related agencies to coordinate with the people's Committee of Quang Nam province authorized and instructed to Chu Lai KKTM management implemented a management mechanism , effective premises.
Article 28. KKTM Chu Lai management board performs the duties and powers prescribed for management of provincial industrial park, economic management and the provisions of this regulation.
KKTM Chu Lai Management Board has the following duties and powers: 1. overall planning and operational rules of the Chu Lai KKTM to the people's Committee of Quang Nam province in the process of approval by the Prime Minister; detailed planning to the people's Committee of Quang Nam province, the Ministry of construction; popular organizations, instructions, check the implementation of the overall planning, detailed planning and Charter operations.
2. Build the portfolio of investment projects and investment plans annual construction process the competent authorities for approval and implementation.
3. Certificate of business registration, licenses, investment incentive certificates, certificates of origin of goods in Chu Lai KKTM and other certificates under the authorization of the competent State bodies.
4. Delivery or for investors, the land, the water to make the investment.
5. Construction of the framework and the competent authority consideration issued to perform at Chu Lai KKTM.
6. Do the clues to solve the problems arising in the process of establishment, deployment and implementation of investment projects, business and operations at Chu Lai KKTM.
7. Cooperation with local authorities and bodies concerned in making sure every activity in Chu Lai KKTM consistent with these bylaws and Charter operations of Chu Lai KKTM.
8. The Task Manager and use the budget revenues are invested back in the Chu Lai KKTM as prescribed; managing construction projects with investment capital from the State budget in Chu Lai KKTM.
9. The organization, deployment, introduce, negotiate investment promotion in and outside the country.
Article 29. The State budget to support infrastructure investment for Chu Lai KKTM corresponds to the number of local arising KKTM Chu Lai as follows: a) 100% of the revenues in the first ten years since has decided to set up;
b) 50% of the currency since the 11th year to the 20th year;
c) From the 21st year onwards follow the General rules.
Allow management of the land fund use to Chu Lai KKTM created capital infrastructure development.
KKTM Chu Lai Management Board is allowed to release the bond works to mobilize domestic capital beyond the level control for the level of mobilization of the Quang Nam province.
KKTM Chu Lai Management Board are costs or fees for using the infrastructure works, public facilities in Chu Lai KKTM.
Article 30. The people's Committee of Quang Nam province has the responsibility to: 1. Directing the overall planning and operational rules of the Chu Lai KKTM Prime; detailed planning and directing the Ministry of construction; project management implementation in accordance with the approved plan, authorize KKTM Management Committee approved the Chu Lai domestic investment projects in the authority; list of approved projects of development and investment plans construction annually at Chu Lai KKTM.
2. Decide exemptions land rental and support costs of training workers in the Chu Lai KKTM.
3. In coordination with the ministries concerned to Chu Lai KKTM management organization.
4. Steer, facilitate management of Chu Lai KKTM fulfill the duties prescribed in this regulation.
5. Directs the Committee to the town people's Tam KY, Mountain district people's Committee in The implementation of the clearance and the authorities of the province in coordination with the Chu Lai Management Board KKTM implemented measures to ensure the security, safety and order of society, create conditions for the business activities of Chu Lai KKTM was favorable.
Article 31. The ministries make state management functionality for Chu Lai KKTM and authorization for the Chu Lai Management Board KKTM perform the functions, tasks in the scope of the competence in the fields of investment, building, planning, resource management and environmental management and urban development , land management, labor, and a number of other areas under the provisions of the law and the provisions of this regulation.
For those areas not decentralized, delegated to management of Chu Lai KKTM, the ministries and the people's Committee of Quang Nam province to implement state management functionality for Chu Lai KKTM by organizing the subdivisions located in Chu Lai KKTM to execute the task, his authority in order to facilitate the operation of the investor and the enterprise in Chu Lai KKTM.
Article 32. Chu Lai KKTM Customs made the monitoring and management of goods between foreign tax-free Zones and goods circulation between tax-free with rest areas on the territory of Vietnam.
Chapter 7: terms of EXECUTION

Article 33. The other regulations related to the activities of the organizations, individuals in Chu Lai KKTM not specified in this regulation to be made under the terms 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.
Article 34. The incentives for enterprises operating in this regulation according to Chu Lai KKTM was allowed to apply to businesses have been active in the Chu Lai KKTM before the enactment of this regulation.
When the new policy mechanisms, more incentives to be issued shall be applied to Chu Lai KKTM.