Decision No. 23/2010/QD-TTg dated March 03, 2010 of the Prime Minister promulgating the Operation Regulation of Hon La Economic Zone Quang Binh province

THE PRIME MINISTER

Decision No. 23/2010/QD-TTg of March 3, 2010, promulgating the Operation Regulation of Hon La Economic Zone, Quang Binh 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 Hon La Economic Zone, Quang Binh province.

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

The Operation Regulation of Hon La Economic Zone, Quang Binh province, promulgated together with this Decision, replaces the Regulation promulgated together with the Prime Minister’s Decision No. 79/2008/QD-TTg of June 10, 2008.

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

Prime Minister
NGUYEN TAN DUNG

Operation Regulation of Hon La Economic Zone, Quang Binh province

(Promulgated together with the Prime Minister’s Decision No. 23/2010/QD-TTg of March 3, 2010)

Article 1. This Regulation provides for the scope, size and development objectives and the organization and operation of Hon La Economic Zone, Quang Binh province.

Article 2.

1. Hon La 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 domestic and foreign investors to develop production, business and services under an increasingly improved legal framework.

2. Hon La Economic Zone encompasses 6 coastal communes of Quang Trach district, namely Quang Dong, Quang Phu, Quang Tung, Canh Duong, Quang Hung and Quang Xuan, of which Quang Dong and Quang Phu communes constitute the core of the zone. The zone has a land area of around 10,000 ha, including about 8,900 ha of the mainland and 1,100 ha of islands, bordering on: Ha Tinh province to the north; Quang Tho commune of Quang Trach district to the south; Quang Kim, Quang Tien and Quang Chau communes of Quang Trach district to the west; and the East Sea to the east.

Article 3. Hon La 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 Quang Binh province, the northern central region and the entire central region to narrow the gap between this region and other regions in the country.

2. To build and develop Hon La Economic Zone into an economic complex with such key industries as support industry, electricity, building of seagoing ships and fishing vessels, cement, glass production and other allied industries; to develop Hon La seaport services and Vung Chua-Dao Yen tourist resort, urban centers and some other economic sectors.

3. To build and trade in the non-tariff area, associated with investment in and effective exploitation of Hon La port to make it, together with national highways 1A and 12A and Cha Lo, Cau Treo and Lao Bao border gates, become an important gateway to the East Sea of southern Laos, northeastern Thailand and the Mekong River sub-region.

4. Objectives up to 2014: To continue investment in building Hon La seaport; build infrastructure and attract investment in Hon La seaport industrial park with a high occupancy rate. To form a number of basic work items under the master plan on the Vung Chua-Dao Yen tourist resort. To develop urban residential points, step by step establish modern and civilized new urban centers suitable to a powerful economic zone.  To complete the construction of inter-regional and intra-regional artery roads and functional areas under approved detailed plans, attract domestic and foreign investment projects for development of key areas (Quang Dong, Quang Phu) of Hon La Economic Zone and initially exploit the seaport, non-tariff area, industrial park and tourist resort.

5. In subsequent phases, to develop in the direction from Quang Dong to Quang Xuan with appropriate steps. To step by step restructure the economy and prepare preconditions to develop Canh Duong, Quang Tung, Quang Hung and Quang Xuan communes under planning. To continue building and developing infrastructure of Hon La Economic Zone. To implement the approved detailed planning and continue investment in infrastructure construction and production and business in the industrial park, tourist resort, recreation and entertainment center and non-tariff area.

6. To generate jobs, train and improve human resources, and increase laborers’ incomes.

Article 4. Vietnamese organizations and individuals of all economic sectors, overseas Vietnamese and foreign investors are encouraged to make investment in Hon La 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. Hon La 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 the construction master plan;

b/ The remaining area is the tariff area, which embraces other functional areas such as a port and port logistics center, a service and tourist center, a recreation and entertainment center, an industrial park, an urban residential center and an administrative center.

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

2. The Hon La 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, the non-tariff area, the tourist resort and others in conformity with the master plan on Hon La Economic Zone construction.

The planning and construction of Hon La 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 Hon La Economic Zone and decide by themselves charge rates in conformity with Vietnam’s committed international integration roadmap.

Article 7.

1. The People’s Committee of Quang Binh province shall allocate in one-off all land and water surface areas exclusively reserved for building and developing functional areas and the non-tariff area in Hon La Economic Zone as approved by the Prime Minister, to the Management Board for construction and development 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 Hon La 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 Hon La 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 Hon La Economic Zone comply with current law and treaties to which Vietnam is a contracting party.-

Prime Minister
NGUYEN TAN DUNG