Decision No. 29/2010/QD-TTg of March 3, 2010, promulgating the Operation Regulation of Chan May-Lang Co Economic Zone, Thua Thien Hue province

THE PRIME MINISTER

Decision No. 29/2010/QD-TTg of March 3, 2010, promulgating the Operation Regulation of Chan May-Lang Co Economic Zone, Thua Thien Hue 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 Chan May-Lang Co Economic Zone, Thua Thien Hue province.

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

The Operation Regulation of Chan May-Lang Co Economic Zone, Thua Thien Hue province, issued together with this Decision, replaces the Regulation issued together with the Prime Minister’s Decision No. 04/2006/QD-TTg of January 5, 2006.

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

Prime Minister
NGUYEN TAN DUNG

Operation Regulation of Chan May-Lang Co Economic Zone, Thua Thien Hue province

(Promulgated together with the Prime Minister’s Decision No. 29/2010/QD-TTg of March 3, 2010)

Article 1. This Regulation provides for the scope, size, development objectives and organization and operation of Chan May-Lang Co Economic Zone, Thua Thien Hue province.

Article 2.

1. Chan May-Lang Co Economic Zone is a delimited geographical area covering Lang Co township and Loc Thuy, Loc Tien and Loc Vinh communes of Phu Loc district, Thua Thien Hue province. It borders on the East Sea to the north and northeast, Da Nang city to the south, and Loc Binh and Loc Tri communes (Phuc Loc district) to the west, and has a land area of 27,108 hectares. The economic zone is 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, social and technical infrastructure facilities, 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.

Article 3. Major development objectives of Chan May-Lang Co 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 Thua Thien Hue province, northern Central Vietnam and Central Vietnam with a view to narrowing the gap between this region and other regions in the country.

2. To develop production, form spearhead services and industries, prioritizing the development of clean industries and hi-tech industries, boost export and expand to regional and world markets.

3. To build Chan May new urban center, Lang Co tourist and urban service center and Chan May seaport, with priority given to the development of eco-tourism and adventure tourism in Son Tra island, Hai Van and Bach Ma in association with lagoons and sea and mountainous areas in Chan May-Lang Co Economic Zone so as to develop the economic zone into a tourist-service center of the central key economic region and the country.

4. By the end of 2010, to form Chan May-Lang Co Economic Zone with transparent legal bases, mechanism and policies, complete the construction of inter-regional and intra-regional trunk roads and the detailed planning of functional areas so as to attract domestic and foreign investors to invest in the development of Chan May-Lang Co Economic Zone and initially exploit the seaport, non-tariff area, tourist resort and industrial park. To speed up investment in Chan May-Lang Co Economic Zone, together with Chu Lai, Dung Quat and Nhon Hoi economic zones, so that by 2020, they will form a chain of closely interrelated central coastal economic zones and become development cores of the central key economic region.

5. During 2011-2020, to continue building and investing in the development of infrastructure facilities in the economic zone. To implement detailed plans on and develop production and business activities in the industrial park, tourist resort, recreation and entertainment center and non-tariff area.

6. To create jobs, provide training to raise the quality of human resources and increase laborers’ incomes so as to step by step stabilize and improve material and spiritual life for inhabitants in the economic zone.

Article 4. Vietnamese organizations and individuals of all economic sectors, overseas Vietnamese and foreign investors are encouraged to invest in Chan May-Lang Co 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. Chan May-Lang Co 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 master plan on the construction of Chan May-Lang Co Economic Zone and the detailed land-use plan.

b/ The tariff area is the remaining area of Chan May-Lang Co Economic Zone. In the tariff area, there are other functional areas such as the port and port logistics service area, service-tourist center, recreation and entertainment area, industrial park, urban residential area and administrative area.

c/ The size and location of each functional area specified at Points a and b of this Clause will be determined in the master plan on the construction of Chan May-Lang Co Economic Zone approved by the Prime Minister.

2. The Chan May-Lang Co 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 Chan May-Lang Co Economic Zone.

The planning and construction of Chan May-Lang Co 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 Chan May-Lang Co 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 Chan May-Lang Co Economic Zone shall be approved by the Prime Minister and allocated in one-off by the People’s Committee of Thua Thien Hue province to the Management Board for organizing the construction and development of Chan May-Lang Co 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 Chan May-Lang Co 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 Chan May-Lang Co 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 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 Chan May-Lang Co Economic Zone comply with current law and treaties to which Vietnam is a contracting party.-

Prime Minister
NGUYEN TAN DUNG