Decision No. 1979/QD-TTg dated October 28, 2010 of the Prime Minister establishing, and promulgating the operation regulation of, Da Nang hi-tech zone

DECISION

ESTABLISHING, AND PROMULGATING THE OPERATION REGULATION OF, DA NANG HI-TECH ZONE

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 13, 2008 High Technology Law;

Pursuant to the Government s Decree No. 99/2003/ND-CP of August 28, 2003, promulgating the Regulation on hi-tech zones;

At the proposal of the Minister of Science and Technology and the chairperson of the People s Committee of Da Nang City.

DECIDES:

Article 1.To establish Da Nang Hi-Tech Zone directly under the People s Committee of Da Nang City.

Da Nang Hi-Tech Zone with an area of 1.010 ha is located in Hoa Vang district, Da Nang city.

Article 2.To promulgate together with this Decision the Operation Regulation of Da Nang Hi-Tech Zone.

Article 3.To assign the People s Committee of Da Nang City:

1. To direct the elaboration of the master plan on Da Nana Hi-Tech Zone for submission to the Prime Minister for approval;

2. To direct the elaboration of the detailed plan on Da Nang Hi-Tech Zone and appraise and approve this plan under law;

3. To direct investment in the construction, and perform the state management, of Da Nang Hi-Tech Zone under law.

Article 4.This Decision takes effect on the date of its signing.

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, the chairperson of the People s Committee of Da Nang City and the head of Da Nang Hi-Tech Zone Management Board shall implement this Decision.

OPERATION REGULATION

OF DA NANG HI-TECH ZONE
(Promulgated together with the Prime Minister s Decision No. 1979/QD-TTg of October 28, 2010)

Article 1. Scope of regulation and subjects of application

1. This Regulation provides the operation of Da Nang Hi-Tech Zone (below referred to as the hi-tech zone), covering state management, construction investment and operation according to hi-tech zone functions and services.

2. This Regulation applies to Vietnamese organizations and individuals, overseas Vietnamese and foreign organizations and individuals engaged in hi-tech activities in the hi-tech zone.

Article 2. Objectives

1. To attract domestic and foreign hi-tech recourses to create a motive for hi-tech development. To associate training, scientific research and technological development with production, business and services. To promote technological renewal and incubation, hi-tech business incubation, and development of the science and technology market.

2. To form and develop a number of hi-tech industries which make important contributions to improving the economic efficiency and competitiveness of goods and services of Da Nang city, the central region and the Central Highlands.

Article 3. Functions

To study, incubate, develop, transfer and apply high technologies; to train hi-tech human resources; to incubate hi-tech businesses; to conduct hi-tech production and business and provide hi-tech services; to enhance the application and commercialization of scientific research and technological development outcomes and promote venture investment.

Article 4. Requirements on operations in the hi-tech zone

1. Requirements on infrastructure planning construction and exploitation

a/ The master plan allocates over 50% of the total area for construction of scientific research and technological development establishments; hi-tech transfer and application; hi-tech human resource training; hi-tech and hi-tech business incubation; and hi-tech production and service provision.

b/ Construction and exploitation of infrastructure and works inside the hi-tech zone-conform with the master plan and objectives of approved investment projects in the hi-tech zone.

2. Requirements on hi-tech and hi-tech business incubators

a/ To have technical infrastructure for technology incubation suitable to each specialized field, modern communication infrastructure and favorable working conditions.

b/ To have professional managers and consultants for technology incubation.

c/ To make commitments and plans on cooperation with research, training and production institutions for technology incubation.

d/ To have feasibility study reports and business plans.

e/ To have approved investment projects to build hi-tech and hi-tech business incubators.

3. Requirements for incubates at hi-tech and hi-tech business incubators

a/ Incubates at hi-tech and hi-tech business incubators have projects meeting the criteria set by hi-tech and hi-tech business incubators.

b/ Hi-tech and hi-tech business incubators and incubates observe contracts signed between the two sides.

Article 5. Production and business activities and operation of enterprises

Production and business activities and operation of enterprises in the hi-tech zone cover hi-tech production, business and services; infrastructure construction, commercial operation and development; development of the hi-tech zone, scientific and technological services, welfare services, export-processing zones, bonded warehouses, tax suspension zones and logistic services.

Production and business activities and operation of enterprises in the hi-tech zone comply with the hi-tech law.

Article 6. Hi-tech human resource training

1. Cooperation and association in bachelor, master and doctor training in a number of prioritized hi-tech disciplines.

2. Training to improve qualifications of hi-tech human resources: formation of technological skill standards, organization of examinations and grant of certificates of technological skill standards.

3. Training to meet development needs of the hi-tech zone.

Article 7. Funds and incentives for investment

1. Funds for investment in the hi-tech zone are from local budgets, central budget supports, state budget regular funds, slate investment and export credit loans for eligible projects under current regulations on investment and export credit, and other lawful sources under law.

2. Investment projects in the hi-tech zone on hi-tech training, research and incubation, hi-tech business incubation, and hi-tech production and services are entitled to tax incentives under current regulations.

Article 8. Powers of the Da Nang Hi-Tech Zone Management Board

1. The Da Nang Hi-Tech Zone Management Board (below referred to as the Management Board) may use the funds specified in Clause 1. Article 7 of this Regulation; make investment or joint investment or call for investment to partially build infrastructure parts or individual work items or a number of other work items in the hi-tech zone.

2. To be assigned land once to build and develop the hi-tech zone under the planning approved by competent state agencies; to allocate and lease land to organizations and individuals and collect land rents annually; to allocate and lease land to overseas Vietnamese and collect land rents in a lump sum or annually; and to lease land to foreign users of land under the Land Law in the hi-tech zone and collect land rents in a lump sum or annually.

3. To directly upgrade, maintain and repair infrastructure and construction works or entrust other enterprises to do so.

4. To open accounts at treasuries to collect amounts recovered from state budget investment (if any) and other revenues for upgrading, maintenance and investment in the hi-tech zone under decisions of competent state agencies.

5. To act as a focal point for allocation of planned state budget funds; to approve and direct establishments in the hi-tech zone in hi-tech research, incubation, transfer, application and development activities.

Article 9. Tasks of the Management Board

1. To elaborate and submit to competent authorities for approval and promulgation:

a/ The master plan and annual, five-year and long-term plans on the hi-tech zone; plans on and organization of scientific and technological activities.

b/Annual development investment plans and budget estimates (development investment spending and regular spending).

c/ Incentive mechanisms and policies for the hi-tech zone: special incentives for cadres, civil servants and employees working at the Management Board.

d/ Projects with state budget funds and aid for hi-tech zone development investment.

e/ Charge rates for use of the hi-tech zone s infrastructure.

f/ Legal and other documents on the hi-tech zone.

2. To organize, inspect and urge the implementation of legal documents, policies, master plans, plans, programs, schemes and projects in the hi-tech zone. To provide and guide professional operations and working principles and rules of the Management Board.

3. To direct and organize the implementation of state-funded construction investment projects under law. To act as the investor of state-funded works under its management. To organize investment and trade promotion and marketing activities at home and abroad to attract investment into the hi-tech zone.

4. To manage and organize implementation of plans:

a/ To manage and organize the implemen-tation of the master plan on the hi-tech zone after it is approved by competent authorities.

b/ To elaborate and manage and supervise the implementation of the detailed plan to build functional sections.

c/ To grant, modify and withdraw construction planning certificates for investment projects in the hi-tech zone.

d/ To implement the plan to build and develop the hi-tech zone after it is approved by competent authorities.

5. To manage and use land:

a/ To coordinate with local administrations and concerned agencies in organizing resettlement, compensation and ground clearance in the hi-tech zone.

b/ To elaborate zoning plans and land use plans of the hi-tech zone.

c/ To collect land use levies and land rents. To reach agreement with infrastructure operators in setting rent rates for land with technical infrastructure under law.

d/ To assume the prime responsibility for, and coordinate with competent agencies in, organizing bidding and auction of land use rights under law.

e/ To inspect and supervise land use in the implementation of investment projects under land allocation or lease decisions.

6. To manage infrastructure investment, construction and exploitation:

a/ To decide on and manage state-funded technical infrastructure construction projects according to its competence; to receive and managed ODA projects and projects financing investment in the hi-tech zone.

b/ To sign BOT(build-operate-transfer), BTO (build-transfer-operate) and BT (build-transfer) contracts under authorization of competent authorities and under law.

c/ To approve under law basic designs of investment projects in the hi-tech zone based on the master plan and detailed plan.

d/ To raise investment funds for and select investors of infrastructure construction, to open bidding under regulations and support infrastructure investors in the hi-tech zone.

e/ To manage technical design dossiers and takeover test records of infrastructure works in the hi-tech zone.

f/ To give opinions on the construction of electricity and water supply works and post and telecommunications works outside the hi-tech zone, which are implemented by specialized enterprises, to ensure conformity with planning and construction schedule of the hi-tech zone.

g/ To ensure investment progress of technical infrastructure construction and service provision under contracts with project investors.

h/ To guide infrastructure investors, builders, dealers, operators and users in complying with technical processes and regulations of the State; to reach agreement on charge rates for infrastructure use and infrastructure-related services.

i/ To directly manage, operate, use. upgrade and maintain state-funded technical infrastructure works in the hi-tech zone.

7. To manage investment projects:

a/ To decide on priorities and supports for organizations, individuals and enterprises conducting hi-tech research, training, incubation, production, business and services on the basis of the list of high technologies prioritized for development investment and the list of high technologies promoted for development.

b/ To appraise application dossiers of certificates of investment in (he hi-tech zone under law.

c/ To grant, re-grant, modify, extend and withdraw the following certificates and licenses:

- Investment certificates:

- Representative office licenses of domestic and foreign organizations and individuals:

- Work construction licenses;

- Work permits of foreigners and overseas Vietnamese working in the hi-tech zone: labor books of Vietnamese working in the hi-tech zone under law;

- Certificates of origin of goods, other licenses and certificates under law.

d/ To examine and certify in writing explanations about hi-tech application projects and hi-tech research and development schemes and plans submitted by organizations and individuals engaged in hi-tech application, research and development in the hi-tech zone to the Ministry of Science and Technology.

8. To manage other activities

a/ Management and protection of natural resources and environment and sustainable development

- To approve environmental impact assessment reports and certifies written commitments to environmental protection of investment projects in the hi-tech zone under authorization and law;

- To coordinate with the Ministry of Natural Resources and Environment and local environment management agencies in managing and examining the application of measures to protect natural resources and the environment in the hi-tech zone; to propose competent agencies to handle violations of the law on natural resources and environment.

b/ Management of labor, residence, security and order

- To manage, examine and urge the implementation of the law on labor and residence in the hi-tech zone as authorized by competent state agencies.

- To assume the prime responsibility for, and coordinate with local administrations and concerned agencies in. promulgating regulations to assure security, order, fire prevention and control, and cultured lifestyle in the construction, management and exploitation of works in the hi- tech zone.

c/ Foreign investment cooperation, venture investment and commercialization of hi-tech products

- To carry out foreign cooperation on hi-tech investment under regulations on foreign cooperation on investment in science and technology;

- To organize venture investment activities for hi-tech development; to propose the formation and create favorable conditions for the operation of hi-tech venture investment funds;

- To organize and manage hi-tech production research and development activities under law.

d/ Internal management

- To manage the organizational apparatus, payroll and training of cadres, civil servants and employees working at the Management Board under law; to use funds and assets allocated to it under law;

- To reform administrative procedures in the hi-tech zone under administrative reform programs and plans of the People s Committee of Da Nang City.

e/ Inspection and examination

To coordinate with state management agencies in inspecting and examining enterprises in the hi-tech zone in implementing law; to settle complaints and denunciations, to prevent and fight corruption, waste and negative practices and handle violations of law under its state management under law.

9. To regularly report to the People s Committee of Da Nang City, the Ministry of Science and Technology, concerned ministries and sectors and the Prime Minister on investment in, and construction, development, management and operation of the hi-tech zone.

10. To perform its tasks and powers under this Regulation and other tasks assigned by the People s Committee of Da Nang City under law.-