Decision No. 28/2010/QD-TTg dated March 3, 2010 of the Prime Minister promulgating the Operation Regulation of Nghi Son Economic Zone, Thanh Hoa province

THE PRIME MINISTER

Decision No. 28/2010/QD-TTg of March 3, 2010, promulgating the Operation Regulation of Nghi Son Economic Zone, Thanh Hoa 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 Nghi Son Economic Zone, Thanh Hoa province.

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

The Operation Regulation of Nghi Son Economic Zone, Thanh Hoa province, issued together with this Decision, replaces the Regulation issued together with the Prime Minister’s Decision No. 102/2006/QD-TTg of May 15, 2006.

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

Prime Minister
NGUYEN TAN DUNG

Operation Regulation of Nghi Son Economic Zone, Thanh Hoa province

(Promulgated together with the Prime Minister’s Decision No. 28/2010/QD-TTg of March 3, 2010)

Article 1. This Regulation provides for the scope, size, development objectives and organization and operation of Nghi Son Economic Zone, Thanh Hoa province.

Article 2.

1. Nghi Son Economic Zone, a delimited geographical area within the national territory and under the national sovereignty, has a separate economic space and a favorable and equal investment and business environment, comprising functional areas, service and public facilities with stable and long-term preferential and incentive policies and transparent management mechanisms for domestic and foreign organizations and individuals to feel secure when making investment in developing goods production and trading and service provision activities.

2. Nghi Son Economic Zone covers 12 communes of Hai Binh, Xuan Lam, Tinh Hai, Hai Yen, Mai Lam, Hai Thuong, Hai Ha, Nghi Son, Truc Lam, Truong Lam, Tung Lam and Tan Truong of Tinh Gia district, Thanh Hoa province, with a total land area of 18,611.8 hectares, and its geographical boundary delimited as follows:

a/ Bordering on Nguyen Binh and Binh Minh communes (Tinh Gia district) to the north;

b/ Bordering on Quynh Luu district (Nghe An province) to the south;

c/ Bordering on the East Sea to the east;

d/ Bordering on Nhu Thanh district to the west.

Article 3. Major development objectives of Nghi Son Economic Zone

1. To tap to the utmost the advantages of natural conditions and political, economic and geographical positions in international and domestic trade and services to accelerate the socio-economic development of Thanh Hoa province and northern Central Vietnam with a view to narrowing the gap between this region and other regions in the country.

2. To build Nghi Son Economic Zone into a dynamic development area, a key development area in the south of the northern key economic region and, at the same time, a bridge linking northern with central and southern Vietnam, with the markets in Southern Laos and northeastern Thailand, create a strong motive force to spur the fast socio-economic development of Thanh Hoa province and adjacent provinces and narrow the development gap between this region and the northern key economic region and the whole country.

3. To build and develop Nghi Son Economic Zone into an integrated, multi-sectoral and multi-domain economic zone, focusing on heavy industries and basic industries such as oil refinery and petrochemistry, high-grade steel refining and lamination, mechanical engineering, seagoing ship-building and repair, power industry, building material and consumer goods production, processing and export in association with the construction and effective operation of Nghi Son seaport. To develop spearhead products of high quality and competitiveness and high-grade services; to boost export and expand to regional and world markets.

4. By the end of 2010, to form Nghi Son Economic Zone with an especially favorable investment and business environment with transparent mechanisms and policies; to build a number of important socio-economic technical infrastructure facilities and attract domestic and foreign investors to invest in the development of infrastructure facilities and production and business activities in Nghi Son Economic Zone. After 2010, to continue investing in developing a synchronous and modern infrastructure system in the economic zone; to implement detailed plans and put into operation important investment projects, the industrial park, tourist and entertainment resort, non-tariff area and other socio-economic works.

5. To create jobs, provide training to raise the quality of human resources and increase laborers’ incomes.

Article 4. Vietnamese organizations and individuals of all economic sectors, overseas Vietnamese and foreign investors are encouraged to invest in Nghi Son Economic Zone in the following areas: investment in and commercial operation of infrastructure facilities, industrial development, urban and seaport development, trade, services, tourism, recreation and entertainment, finance and banking, transport, insurance, education and training, culture, physical training and sports, science and technology, healthcare, housing, import and export and other production and business activities which are protected under Vietnamese laws and relevant treaties.

Article 5.

1. Nghi Son Economic Zone has two main functional areas: a non-tariff area and a tariff area.

a/ The non-tariff area is an area determined in the Scheme on development of Nghi Son Economic Zone and the detailed land-use plan;

b/ The tariff area is the remaining area of Nghi Son Economic Zone. In the tariff area, there are other functional areas such as the service-tourist center, recreation and entertainment area, industrial park, urban residential area and administrative area;

c/ The size and location of each functional area will be determined in the master plan on the construction of Nghi Son Economic Zone approved by the Prime Minister.

2. The Nghi Son Economic Zone Management Board (below referred to as the Management Board) may hire foreign consultants to participate in planning in detail functional areas such as the urban center, non-tariff area, tourist resort and other functional areas in line with the master plan on the construction of Nghi Son Economic Zone.

The planning and construction of Nghi Son 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 and provide international telecommunications services exclusively for Nghi Son Economic Zone at charge rates decided by themselves in conformity with the international integration roadmap committed by Vietnam.

Article 7.

1. The entire area of land and water surface reserved for investment in the construction and development of functional areas and the non-tariff area in Nghi Son Economic Zone shall be approved by the Prime Minister and allocated in one-off by the People’s Committee of Thanh Hoa province to the Management Board for organizing the construction and development of Nghi Son Economic Zone in accordance with law.

2. Investors being domestic organizations and individuals and overseas Vietnamese may be allocated or leased land; investors being foreign organizations and individuals may be leased land for execution of investment projects in Nghi Son Economic Zone and have the rights and obligations corresponding to the form of land allocation or lease as provided for by the land law.

Article 8. The construction of production and business support works, infrastructure facilities of functional areas, technical infrastructure facilities, service facilities and public facilities in Nghi Son Economic Zone shall be managed under the construction law.

Before building works, investors shall send application dossiers to the Management Board according to the construction law. Within 7 working days after receiving valid and complete dossiers, the Management Board shall examine the dossiers and give its written replies to the investors.

In the course of construction, investors shall closely coordinate with defense management agencies so as to ensure that the construction of works does not affect the performance of defense and security tasks in the region; construction investment must comply with the Ordinance on Protection of Military Works and Zones and 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 as well as foreign organizations and individuals engaged in goods production and trading and service provision and enterprises investing in the construction and commercial operation of infrastructure facilities; investment support and methods for raising funds for the development of the socio-economic infrastructure system; tax and customs, land, construction, trade, labor and environmental protection; operation of the non-tariff area; and entry into, exit from and residence in Nghi Son Economic Zone comply with current law and treaties to which Vietnam is a contracting party.-

Prime Minister
NGUYEN TAN DUNG