Decision No. 24/2010/QD-TTg dated March 03, 2010 of the Prime Minister promulgating the Operation Regulation of Chu Lai Open Economic Zone, Quang Nam province

THE PRIME MINISTER

Decision No. 24/2010/QD-TTg of March 3, 2010, promulgating the Operation Regulation of Chu Lai Open Economic Zone, Quang Nam 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 Chu Lai Open Economic Zone, Quang Nam province.

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

The Operation Regulation of Chu Lai Open Economic Zone, Quang Nam province, promulgated together with this Decision, replaces the Regulation promulgated together with the Prime Minister’s Decision No. 253/2006/QD-TTg of November 6, 2006.

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

Prime Minister
NGUYEN TAN DUNG

Operation Regulation of Chu Lai Open Economic Zone, Quang Nam province

(Promulgated together with the Prime Minister’s Decision No. 24/2010/QD-TTg of March 3, 2010)

Article 1. This Regulation provides for the scope, scale and development objectives and the organization and operation of Chu Lai Open Economic Zone, Quang Nam province.

Article 2.

1. Chu Lai Open Economic Zone, a delimited geographical area within the national territory and under the national sovereignty, is a separate economic space with a particularly favorable and fair investment and business environment. It adopts stable and long-term incentive policies and transparent management mechanisms favorable for domestic and foreign investors to develop production, business and services.

2. Chu Lai Open Economic Zone embraces Nui Thanh township and Tam Nghia, Tam Quang, Tam Hai, Tam Giang, Tam Hoa, Tam Hiep, Tam Anh Bac, Tam Anh Nam, Tam Tien, Tam Xuan 1 and Tam Xuan 2 communes, Nui Thanh district; and Tam Thanh, Tam Phu and Tam Thang communes and An Phu ward of Tam Ky city, Quang Nam province. It borders on:

a/ The East Sea to the east;

b/ Tam My and Tam Thanh communes, Nui Thanh district, Quang Nam province, to the west;

c/ Binh Son district, Quang Ngai province, to the south;

d/ Thang Binh district, Quang Nam province, to the north.

Article 3. Chu Lai Open 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 to promote the socio-economic development of Quang Nam province, contributing to creating a motive for socio-economic development for the entire central region and narrowing the gap between this region and other regions in the country.

2. To build and develop Chu Lai Open Economic Zone attached to production development industries capable of manufacturing quality and highly competitive products to boost exports and expand overseas markets together with other allied industries; to develop a tourist resort with original tourist products, port economy and a non-tariff area attached to ports and urban residential centers.

3. 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 Chu Lai Open 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. Chu Lai Open Economic Zone has two main functional areas: a non-tariff area and a tariff area.

a/ The non-tariff area with a total land area of around 1,656 ha is located in Tam Quang and Tam Giang communes and part of Tam Nghia commune. It accommodates a free trade area attached to part of Ky Ha port;

b/ The remaining area is the tariff area, which embraces other functional areas such as an industrial park, a tourist center, a special entertainment center, an area for aquaculture and forestation, a residential area, an urban center and an administrative center.

c/ The size and location of each functional area are identified in the master plan on Chu Lai Open Economic Zone construction approved by the Prime Minister in Decision No. 43/2004/QD-TTg of March 23, 2004.

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

The planning and construction of Chu Lai Open 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 Chu Lai Open 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 Nam 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 Chu Lai Open 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 Chu Lai Open 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 Chu Lai Open 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 Chu Lai Open Economic Zone comply with current law and treaties to which Vietnam is a contracting party.-

Prime Minister
NGUYEN TAN DUNG