Decision No. 22/2010/QD-TTg dated March 03, 2010 of the Prime Minister promulgating the Operation Regulation of Nam Phu Yen Economic Zone, Phu Yen province

THE PRIME MINISTER

Decision No. 22/2010/QD-TTg of March 3, 2010, promulgating the Operation Regulation of Nam Phu Yen Economic Zone, Phu Yen province

THE PRIME MINISTER

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

Pursuant to the Government’s Decree No. 108/2006/ND-CP of September 22, 2006, detailing and guiding the implementation of the Investment Law;

Pursuant to the Government’s Decree No. 29/2008/ND-CP of March 14, 2008, on industrial parks, export-processing zones and economic zones;

At the proposal of the Minister of Planning and Investment,

DECIDES:

Article 1. To promulgate together with this Decision the Operation Regulation of Nam Phu Yen Economic Zone, Phu Yen province.

Article 2. This Decision takes effect on May 1, 2010.

The Operation Regulation of Nam Phu Yen Economic Zone, Phu Yen province, promulgated together with this Decision, replaces the Regulation promulgated together with the Prime Minister’s Decision No. 54/2008/QD-TTg of April 28, 2008.

Article 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and the chairperson of the People’s Committee of Phu Yen province shall implement this Decision.

Prime Minister
NGUYEN TAN DUNG

Operation Regulation of Nam Phu Yen Economic Zone, Phu Yen province

(Promulgated together with the Prime Minister’s Decision No. 22/2010/QD-TTg of March 3, 2010)

Article 1. This Regulation provides for the scope, size and development objectives and the organization and operation of Nam Phu Yen Economic Zone, Phu Yen province.

Article 2.

1. Nam Phu Yen Economic Zone, a delimited geographical area within the national territory and under the national sovereignty, is a separate economic space with a favorable and fair investment and business environment and comprises functional areas, socio-technical infrastructure facilities and public service and utility facilities. It adopts stable and long-term incentive policies and transparent management mechanisms favorable for investors to develop production, business and services under an increasingly improved legal framework.

2. Nam Phu Yen Economic Zone lies in the southeast of Phu Yen province, bordering on Da Rang river to the north, Van Ninh district of Khanh Hoa province to the south, national highway 1A to the west and the East Sea to the east.

It occupies a land area of 20,730 ha, embracing Phu Lam ward of Tuy Hoa city, Hoa Tam, Hoa Hiep Bac, Hoa Hiep Trung and Hoa Hiep Nam communes, and part of Hoa Xuan Nam, Hoa Xuan Dong and Hoa Vinh communes of Dong Hoa district.

Article 3. Nam Phu Yen Economic Zone’s major development objectives

1. To make the fullest use of the advantages of natural conditions and political, economic and geographical positions in domestic and international trade and services, and promote the socio-economic development of Phu Yen province and the region, contributing to narrowing the gap between this region and other regions in the country.

2. To build and develop Nam Phu Yen Economic Zone into a multi-sectoral and
-functional economic complex with focal industries being oil refinement and petrochemistry, post-oil industries, consumer goods industries, processing and export in association with the development and effective exploitation of Vung Ro port and Tuy Hoa airport. To build Nam Phu Yen Economic Zone into an area of breakthrough development of Phu Yen province; an important development point, international trading hub and industrial center and a major sea port of southern Central Vietnam and the Central Highlands; and a civilized and modern urban center with comprehensive infrastructure. To create a premise for socio-economic development of Phu Yen province and neighboring areas.

3. To generate jobs, train and improve human resources of the region, making contributions to Phu Yen’s labor restructuring and meeting the economic zone’s demand for human resources.

Article 4. Vietnamese organizations and individuals of all economic sectors, overseas Vietnamese and foreign investors are encouraged to make investment in Nam Phu Yen Economic Zone in the areas of commercial operation of infrastructure, industrial development, urban development, seaport, trading, services, tourism, recreation and entertainment, finance-banking, transport, insurance, education and training, culture, physical training and sports, science and technology, healthcare, housing, export and import, and other production and business activities protected by Vietnamese law and relevant treaties.

Article 5.

1. Nam Phu Yen Economic Zone has two main functional areas: a non-tariff area and a tariff area.

a/ The non-tariff area is identified in the master plan on socio-economic development and construction planning in association with part of Vung Ro and Bai Goc seaports;

b/ The remaining area is the tariff area, which embraces other functional areas such as a service-tourist resort, a recreation and entertainment center, an industrial park, a export-processing zone, an urban center and an administrative center;

c/ The size and location of each functional area are identified in the master plan on Nam Phu Yen Economic Zone construction approved by the Prime Minister.

2. The Phu Yen Economic Zone Management Board (below referred to as the Management Board) may hire foreign consultancy companies to join in planning in detail functional areas such as the urban center, non-tariff area, tourist resort and others in conformity with the master plan on Nam Phu Yen Economic Zone construction.

The planning and construction of Nam Phu Yen Economic Zone must avoid overlap with areas where exist minerals or areas already planned for mineral exploration and exploitation.

Article 6. Foreign investors may invest in the commercial provision of international telecommunications services exclusively for Nam Phu Yen Economic Zone and decide by themselves charge rates in conformity with Vietnam’s committed international integration roadmap.

Article 7.

1. All land and water surface areas exclusively reserved for building and developing functional areas and the non-tariff area in Nam Phu Yen Economic Zone shall be approved by the Prime Minister. The People’s Committee of Phu Yen province shall allocate in one-off land to the Mana-gement Board for construction and development of Nam Phu Yen Economic Zone under law.

2. Investors being domestic organizations and individuals and overseas Vietnamese may be allocated or leased land. Investors being foreign organizations and individuals may rent land to implement investment projects in Nam Phu Yen Economic Zone and have the rights and obligations corresponding to the applied mode of land allocation or lease under the land law.

Article 8.

The construction of production and business support works, functional areas’ infrastructure facilities, technical infrastructure facilities and public service and utility works in Nam Phu Yen Economic Zone shall be managed under the construction law.

Before building a work, an investor shall submit a dossier of request for permission to the Management Board under the construction law. Within 7 working days after receiving a complete and valid dossier, the Management Board shall examine it, make decision and reply the investor in writing.

When building works, investors shall closely collaborate with defense management agencies to ensure that construction does not affect defense and security tasks in defense zones. Work construction investment must comply with the Ordinance on Protection of Military Works and Zones, the Government’s Decree No. 20/2009/ND-CP of February 23, 2009, on the management of heights of aviation barricades and battlefields for management and protection of Vietnam’s airspace, and with plans on the location of defense works in the area.

Any historical or cultural relics discovered in the course of work construction shall be handled under the Law on Cultural Heritages.

Article 9. Investment; state management; operation, rights and obligations of domestic and foreign organizations and individuals engaged in goods production and trading and service provision, and constructors and commercial operators of socio-technical infrastructure; investment support and modes to raise funds for socio-technical infrastructure development; taxes, customs, land, construction, trade, labor and environmental protection; operation of the non-tariff area; and entry into, exit from and residence within Nam Phu Yen Economic Zone comply with current law and treaties to which Vietnam is a contracting party.-

Prime Minister
NGUYEN TAN DUNG