Decree No. 154/2013/ND-CP dated November 8, 2013 of the Government, stipulating on the concentrated information technology park

THE GOVERNMENT

Decree No. 154/2013/ND-CP of November 8, 2013, on information technology zones

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

Pursuant to the June 29, 2006 Law on Information Technology;

Pursuant to the November 13, 2008 Law on High Technologies;

At the proposal of the Minister of Information and Communications;

The Government promulgates the Decree on information technology zones.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Decree provides the establishment, expansion and recognition of information technology zones; management of the operations of, mechanisms and policies for, and state management of information technology zones.

2. This Decree applies to Vietnamese and foreign organizations and individuals investing in, establishing, managing, or conducting other activities related to, information technology zones.

Article 2. Interpretation of terms

In this Decree, the following terms are construed as follows:

1. Information technology zone means a zone where activities of research and development, training, production and trading of information technology products and services, provision of information technology infrastructure and information technology services to organizations and enterprises, and other information technology-related activities are carried out.

2. Information technology zone investor is an organization or individual that owns capital and directly manages and uses capital to invest in the construction of an information technology zone, or its/his/her representative.

Article 3. Objectives of information technology zones

An information technology zone has the following objectives:

1. To form an information technology center and create infrastructure for information technology application and development; to boost the development of the information technology industry; to form an information technology product research and development center, serving information technology training and transfer; and to incubate information technology enterprises.

2. To create a favorable environment for investment activities so as to attract capital and technologies at home and abroad, contributing to building the information technology industry into a key and important economic sector of the country.

3. To create a working environment up to international standards to attract high-quality workforce, contributing to increasing the competitiveness of Vietnamese information technology enterprises.

4. To turn out information technology products and services which can substitute for imports, thus contributing to boosting the development of telecommunications, finance, banking, customs, aviation, trade, e-commerce, public services, education, training, health, security and national defense.

5. To contribute to economic growth, raising  the production technology level and competitiveness of Vietnamese enterprises’ goods and services, and enhancing the position and brands of Vietnam’s information technology.

6. To form an information technology and communication infrastructure and service provision center.

Article 4. Functions and tasks of information technology zones

An information technology zone has the following functions and tasks:

1. To conduct information technology research and development, application and transfer.

2. To produce and trade in information technology products and provide information technology services.

3. To train information technology human resources.

4. To incubate information technology and information technology enterprises.

5. To promote trade in information technology; to organize fairs, exhibitions and displays of information technology products and services.

6. To promote investment at home and abroad to boost information technology activities.

7. To provide infrastructure, services and other necessary conditions for organizations and enterprises operating in the zone to perform the functions and tasks prescribed in this Article.

Article 5. Criteria of information technology zones

Criteria of an information technology zone include:

1. Having its operations conformable to the functions and tasks of information technology zones prescribed in Article 4 of this Decree.

2. Having at least 2,000 information technology workers, accounting for at least 60% of the total number of laborers working in the zone; or at least 1,000 information technology workers, accounting for at least 60% of the total number of laborers working in the zone, for zones where concentrate only software manufacturers and digital content and information technology service providers.

3. Occupying a land area of at least 1 hectare, for zones where concentrate only software manufacturers and digital content and information technology service providers, or 5 hectares, for zones where other activities are also carried out.

4. Having functional sub-zones as provided in Article 7 of this Decree.

Article 6. Investment activities in information technology zones

Investment activities in an information technology zone include:

1. Building and commercial operation of technical infrastructure works.

2. Information technology research and development, transfer and application.

3. Production and trading of software products, digital contents and information technology services.

4. Production and trading of hardware and electronic products on the list of hi-tech products prioritized for development investment or the list of hi-tech products encouraged for development in accordance with the law on high technologies.

5. Training of information technology human resources.

6. Incubation of information technology and information technology enterprises; promotion of trade and investment in information technology.

7. Provision of services serving activities in the information technology zone.

Article 7. Organization of functional sub-zones of information technology zones

1. An information technology zone is organized into 2 main groups of functional sub-zones:

a/ The group of sub-zones performing the functions and tasks of the zone, including:

- A sub-zone for production of and trading information technology products and provision of information technology services;

- A sub-zone for information technology research and development, consultancy, training and incubation;

- A sub-zone for building working offices serving management and administration work;

- A sub-zone for building common-use technical infrastructure works such as electricity, water, telecommunications, environmental treatment, fire prevention and fighting and other technical infrastructure facilities;

- A sub-zone for organizing product displays, exhibitions and introductions and communications events;

- Other sub-zones serving the performance of the functions of the information technology zone.

b/ The group of sub-zones providing services to the zone, includes:

- An ecological and day-to-day service sub-zone;

- A finance or finance-banking sub-zone;

- A sub-zone for building houses for specialists working in the zone;

- Other sub-zones providing services to the zone.

2. An information technology zone does not necessarily have all the functional sub-zones specified in Clause 1 of this Article, but the total land area of the group of sub-zones performing the functions and tasks of the zone must account for at least 50% of the total construction land area. Sub-zones may be arranged and organized concentratedly or scatteredly, depending on the practical conditions of each zone.

3. The net construction density of an information technology zone must not exceed 40% of the zone’s land area.

Chapter II

ESTABLISHMENT AND EXPANSION OF INFORMATION TECHNOLOGY ZONES

Article 8. Master plan on development of information technology zones

1. The Ministry of Information and Communications shall assume the prime responsibility for, and coordinate with ministries, sectors and People’s Committees of provinces and centrally run cities (below referred collectively to as provincial-level People’s Committees) in, formulating and submitting to the Prime Minister for approval the master plan on development of information technology zones.

2. The master plan on development of information technology zones serves as a basis for considering the establishment and expansion of information technology zones; formulation of master plans, detailed plans and investment plans on development of technical and social infrastructure systems to serve the development of information technology zones.

3. The formulation of and addition to a master plan on information technology zones must comply with the following principles:

a/ Conforming with the master plan on socio-economic development; local land use master plans; regional and urban construction master plans; master plan on technical infrastructure; master plan on mineral resources and other resources, prioritizing the use of land already planned for construction of industrial parks, economic zones or other zones for the construction of information technology zones;

b/ Having favorable conditions or being capable of building technical and social infrastructure systems, synchronously implementing and closely combining the mater plan on development of information technology zones with master plans on urban development as well as population distribution and construction of houses and social facilities serving laborers working in information technology zones;

c/ Having sufficient conditions for developing information technology zones, including:

- Having reserve land funds for development;

- Being capable of attracting investment capital at home and abroad;

- Being capable of supplying labor and meeting labor demands;

- Being capable of associating with information technology human resource training centers and information technology research and development centers.

d/ Ensuring national defense and security requirements.

Article 9. Conditions for establishment and expansion of information technology zones

1. Conditions for establishment of an information technology zone include:

a/ Conforming with the approved master plan on development of information technology zones;

b/ The functions and tasks of the zone must comply with Article 4 of this Decree;

c/ The occupancy rate of the group of sub-zones performing the functions and tasks of an information technology zone in information technology zones currently operating in the locality is at least 60%.

2. Conditions for expansion of an information technology zone include:

a/ The infrastructure system of the information technology zone has been basically completed under the detailed construction plan;

b/ The occupancy rate of the group of sub-zones performing the functions and tasks of an information technology zone is at least 70%.

Article 10. Competence and order of establishing or expanding information technology zones

1. The Prime Minister shall decide on the establishment and expansion of information technology zones.

2. Information technology zone establishment dossiers must be made according to Article 11 of this Decree.

3. Information technology zone expansion dossiers must be made according to Article 12 of this Decree.

4. In case of establishing or expanding an information technology zone not yet included in the approved master plan on development of information technology zones, the provincial-level People’s Committee shall carry out procedures to apply for addition of the information technology zone to the master plan on development of information technology zones under Article 8 or 13 of this Decree.

Article 11. Information technology establishment dossiers

1. An information technology establishment dossier comprises:

a/ A report on the establishment of the information technology zone, made by the provincial-level People’s Committee to the Prime Minister;

b/ The scheme on establishment of the information technology zone with the following principal contents:

- Necessity for and legal grounds of the establishment;

- Analysis report on the ability to satisfy the conditions prescribed in Article 5 of this Decree;

- Assessment of the conditions on geographical location as well as natural and socio-economic characteristics of the area planned for building the information technology;

- Development orientations of the zone, specifying development objectives, functions, tasks and orientations for developing information technology activities; orientations for developing functional sub-zones, orientations for land use planning; and evaluation of expected socio-economic benefits;

- Total estimated investment level, methods of raising capital for construction of the common-use technical infrastructure system and technical infrastructures of functional sub-zones;

- Solutions for organizing the construction and management of the zone;

- The zoning plan on a planning map;

- A certified copy of the decision approving the environmental impact assessment report of the project to build technical infrastructure of the information technology zone, enclosed with the approved environmental impact assessment report.

2. A dossier must be made in one set and sent to the Ministry of Information and Communications for appraisal under Article 14 of this Decree, for subsequent submission to the Prime Minister for consideration and decision.

Article 12. Information technology zone expansion dossiers

1. A dossier for expansion of an information technology zone comprises:

a/ A report on the expansion of the information technology zone, made by the provincial-level People’s Committee to the Prime Minister;

b/ A scheme on expansion of the information technology zone with the following principal contents:

- Necessity for and legal grounds of the expansion, including also proofs and documents proving the satisfaction of the conditions prescribed in Clause 2, Article 9 of this Decree;

- Assessment of the conditions regarding geographical location and natural and socio-economic characteristics of the area planned for expanding the information technology zone;

- Development orientations of the zone, specifying development objectives, functions, tasks and orientations for developing information technology activities; orientations for developing functional sub-zones, orientations for land use planning; and evaluation of expected socio-economic benefits;

- Total estimated investment, methods of raising construction investment capital, the common technical infrastructure system and technical infrastructures of functional sub-zones;

- Solutions for organizing the construction and management of the zone;

- Expansion plan on a planning map;

- Certified copy of the decision approving the environmental impact assessment report of the project to build technical infrastructure of the information technology zone, enclosed with the approved environmental impact assessment report;

- General report on operations of the information technology zone as provided at Point c, Clause 1, Article 17 of this Decree.

2. A dossier must be made in one set and sent to the Ministry of Information and Communications for appraisal under Article 14 of this Decree, for subsequent submission to the Prime Minister for consideration and decision.

Article 13. Dossiers for addition of information technology zones to the master plan on development of information technology zones

1. A dossier for addition of an information technology zone to the master plan on development of information technology zones comprises:

a/ The scheme on addition of an information technology zone to the master plan on development of information technology zones, containing the following principal details:

- Necessity for and legal grounds of the addition;

- Assessment of the current situation of, and orientations for, socio-economic development and information technology industry development in the province or centrally run city;

- Assessment of the construction and development of information technology zones already established or planned in the province or centrally run city;

- Name, location, area, the current situation and specific development conditions of the information technology zone to be added to the master plan;

- Assessment of and explanation on the ability to satisfy the criteria provided in Article 5 of this Decree;

- Ability to raise capital for construction and development of the information technology zone;

- Technology information zone development plan on a planning map.

b/ A report on the addition of the information technology zone to the master plan on development of information technology zones, made by the provincial-level People’s Committee to the Prime Minister.

2. A dossier must be made in one set and sent to the Ministry of Information and Communications for appraisal under Article 14 of this Decree for subsequent submission to the Prime Minister for consideration and decision.

Article 14. Appraisal of the establishment and expansion of information technology zones or addition to the master plan on development of information technology zones.

2. The appraisal of the establishment or expansion of an information technology zone, or of the addition of an information technology zone to the master plan on development of information technology zones, covers the following contents:

a/ Legal grounds and necessity;

b/ Conformity of the establishment or expansion of the information technology zone, or of the addition to the master plan on development of information technology zones with the socio-economic development strategy; the local land use master plan; regional and urban construction master plans; and master plan on technical infrastructure;

c/ Objectives and targets of the establishment or expansion of the information technology zone, or of the addition to the master plan on development of information technology zones, and allocation of resources;

d/ Level of satisfaction of relevant conditions on the establishment or expansion of an information technology zone, or of the addition to the master plan on development of information technology zones;

dd/ Implementation solutions and feasibility of the establishment or expansion of the information technology zone, or of the addition to the master plan on development of information technology zones.

3. Appraisal order and procedures:

a/ Within 5 working days after receiving a complete dossier of the establishment or expansion of an information technology zone, or of the addition to the master plan on development of information technology zones, the Ministry of Information and Communications shall consult related ministries and sectors;

If the dossier fails to satisfy the requirements stated in Article 11, 12 or 13 of this Decree, the Ministry of Information and Communications shall request in writing the provincial-level People’s Committee to supplement the dossier. The time for dossier supplementation is not included into the appraisal time limit.

b/ Within 10 working days after receiving consultation documents, ministries and sectors shall send their written opinions to the Ministry of Information and Communications;

The Ministry of Information and Communications may, when necessary, hold a meeting with related ministries and sectors and the provincial-level People’s Committee to clarify related issues.

c/ Within 5 working days after receiving written replies of related ministries and sectors, the Ministry of Information and Communications shall summarize and submit opinions to the Prime Minister for consideration and decision.

Article 15. Time limit for construction and operation of information technology zones

Within 3 years after receiving land areas for which ground clearance and compensation work has been completed, investors of information technology zone projects shall basically complete the building of such infrastructure facilities as internal roads, water supply and drainage systems, electricity systems; wastewater treatment facilities and environmental treatment facilities so as to provide services to investors.

Chapter III

RECOGNITION OF INFORMATION TECHNOLOGY ZONES

Article 16. Principles, competence and conditions for recognition of information technology zones

1. Operating zones of other types which have their functions conformable with Article 4 and satisfy the criteria provided in Article 5 of this Decree may be considered for recognition as information technology zones.

2. The Prime Minister shall decide to recognize information technology zones.

3. Zones recognized as information technology zones shall perform the functions provided in Article 4, and satisfy the criteria provided in Article 5, and may attract only investment activities provided in Article 6 of this Decree.

4. The recognition of information technology zones serves as a ground for application of incentive policies applicable to information technology zones. Zones recognized as information technology zones shall be added to the master plan on development of information technology zones.

Article 17. Dossiers for recognition of information technology zones

1. A dossier for recognition of an information technology zone comprises:

a/ A report on the recognition of an information technology zone, made by the provincial-level People’s Committee to the Prime Minister;

b/ The investment certificate granted to the investor of the project to build infrastructure of the information technology zone;

c/ A general report on the operation of the zone, covering:

- An overview on the zone (the establishment and development process, organization and management model, investment levels in different periods, etc.);

- Explanations about the conformity with the criteria specified in Article 5 of this Decree and explanatory documents;

- Assessment of investment efficiency;

- Financial report;

- Socio-economic and environmental impact assessment report;

- Solutions for organizing the construction, planning and management of the zone after it is recognized as an information technology zone;

- Development orientations, covering development objectives, functions, tasks and orientations for developing information technology activities.

2. A dossier must be made in one set and sent to the Ministry of Information and Communications for appraisal and subsequent submission to the Prime Minister as provided in Clauses 2 and 3, Article 18 of this Decree.

Article 18. Appraisal of recognition of information technology zones

1. The Ministry of Information and Communications shall appraise the recognition of information technology zones for submission to the Prime Minister for consideration and decision.

2. The appraisal of recognition of an information technology zone covers the following contents:

 a/ Legal grounds of and necessity for recognition of the information technology zone;

b/ Ability to satisfy the criteria of information technology zones specified in Article 5 of this Decree;

c/ Solutions for construction, planning and management of the zone after it is recognized as an information technology zone.

3. Appraisal order and procedures:

a/ Within 5 working days after receiving a complete dossier for recognition of an information technology zone, the Ministry of Information and Communications shall consult related ministries and sectors;

b/ Within 10 working days after receiving consultation documents, ministries and sectors shall send their written opinions to the Ministry of Information and Communications;

The Ministry of Information and Communications may, when necessary, organize a meeting with related ministries and sectors and the provincial-level People’s Committee to clarify related issues;

c/ Within 5 working days after receiving written replies of related ministries and sectors, the Ministry of Information and Communications shall summarize and submit opinions to the Prime Minister for consideration and decision.

Chapter IV

ORGANIZATION OF MANAGEMENT OF, AND OPERATIONS IN, INFORMATION TECHNOLOGY ZONES

Article 9. Organizational models and functions of organizations managing information technology zones

1. For information technology zones built with state budget funds, the Prime Minister shall decide on or authorize provincial-level People’s Committee chairpersons to decide on the establishment of organizations managing information technology zones.

2. For information technology zones built with non-state budget funds, the organizations managing such zones are enterprises established and operating under the Enterprise Law.

Article 20. Tasks and powers of organizations managing information technology zones

An organization managing an information technology zone has the following tasks and powers:

1. To manage operations in the information technology zone in accordance with law.

2. To carry out investment promotion and attraction activities.

3. To give opinions on investment projects to be carried out in the information technology zone.

4. To settle according to its competence or propose competent agencies to settle difficulties and problems facing investors in the information technology zone.

5. To perform tasks as authorized or assigned by state agencies.

Chapter V

INCENTIVE POLICIES TOWARD INFORMATION TECHNOLOGY ZONES

Article 21. Supports and incentives for investment in the construction of information technology zones

The investor of a project to build an information technology zone is entitled to the following supports and incentives:

1. To receive state supports for investment in the construction of technical infrastructure systems inside and outside the zone (road, electricity, clean water, water drainage and other infrastructure systems), and organization of the mass transit system linking to the zone.

2. To receive state supports in ground clearance compensation to build the information technology zone.

3. To enjoy favorable conditions in carrying out land allocation or land lease procedures.

4. To enjoy a 50% reduction of land use levy or land rents payable to the state budget depending on the form of land allocation or land lease as selected by the investor.

5. To decide on lease or sub-lease rates of land with technical infrastructure; to be permitted to transfer land use rights, lease or sub-lease land with technical infrastructure in the information technology zone to other investors in accordance with the land law and the real estate business law.

6. To enjoy state incentives for use of electricity, water and telecommunications services in accordance with law.

7. To enjoy the State’s investment credit incentives in accordance with law.

8. To raise capital through issuing project bonds in accordance with law.

9. To be permitted to raise capital from the land fund in accordance with the land law to implement investment projects to develop common-use technical and social infrastructure in the information technology zone.

10. To raise capital through sub-leasing part or whole of the vacant land area in the functional sub-zones of the information technology zone to investors (except entities provided at Point d, Clause 4, Article 3 of the Investment Law) who possess financial capacity and experiences in attracting investment capital, for the latter to make investment in or lease such land to infrastructure construction and commercial operation projects.

11. To be exempted from land use levy in accordance with law for the land area used for building non-commercial technical and social infrastructure facilities.

12. To account expenses for construction and operation of social infrastructure facilities serving the operation of the information technology zone as reasonable expenses used when calculating its taxable income.

13. To enjoy other state incentives applicable to investment in the construction of hi-tech parks.

Article 22. Supports and incentives for organizations and enterprises operating in information technology zones

Investors of new information technology projects in information technology zones are entitled to the following supports and incentives:

1. To be allowed to select the form of land allocation with land use levy collection, land lease or sub-lease of land with infrastructure in accordance with law;

2. To enjoy the enterprise income tax rate of 10% for 15 years, tax exemption for 4 years and a 50% reduction of payable tax amount for subsequent 9 years, for incomes earned from these new projects. For enterprises newly established under large-scale investment projects in the information technology field in which investment is particularly encouraged, the time of application of the preferential tax rate may be prolonged but the total period of applying the tax rate of 10% may not exceed 30 years. The Prime Minister shall decide on the prolongation of the period of applying the tax rate of 10% under in this Clause at the proposal of the Minister of Finance;

3. To be exempted from import duty on goods imported to create fixed assets or serve the production of information technology products or provision of information technology services, including:

a/ Equipment and machinery;

b/ Special-use means of transport included in technological lines, which cannot be produced at home yet; means of transport used to shuttle workers, including cars of 24 seats or more and waterway craft;

c/ Components, details, detached parts, spare parts, assemblies, molds and accompanied accessories for assembling with equipment, machinery or means of transport specified at Points a and b of this Clause;

d/ Materials and supplied which cannot be produced at home yet, for use for manufacturing equipment and machinery included in technological lines, or components, details, detached parts, spare parts, assemblies, moulds and accompanied accessories for assembling with equipment and machinery specified at Point a of this Clause;

dd/ Construction materials which cannot be produced at home yet.

4. To enjoy export duty incentives for information technology products and services in accordance with law.

5. To enjoy favorable conditions in carrying out customs procedures for import and export of machinery, equipment and information technology products and services.

6. To enjoy investment credit and export credit incentives provided by the State, the National Science and Technology Development Fund and other credit institutions in accordance with law.

7. To enjoy other state incentive policies applicable to enterprises operating in hi-tech parks. An enterprise that is eligible for different levels of incentives in accordance with law, may enjoy the highest incentive level.

Article 23. Customs clearance points in information technology zones

1. Customs clearance points may be opened in information technology zones in accordance with law.

2. The Ministry of Finance shall guide in detail the procedures and conditions for opening customs clearance points in information technology zones.

Article 24. Management of planning and construction of technical infrastructure

1. The construction of technical infrastructure and works in information technology zones must be in line with approved master plans. Organizations managing information technology zones shall manage planning dossiers, technical designs and acceptance-test written records of technical infrastructure works in the zones.

2. For technical infrastructure works built with state budget capital, organizations managing information technology zones shall manage them in accordance with law.

3. For technical infrastructure works built with non-state budget capital, organizations managing information technology zones shall guide and supervise investors to conduct the construction thereof under planning in accordance with law.

4. Transport works, water and electricity supply systems and communication infrastructure facilities outside information technology zones, which are built by enterprises at the request of organizations managing information technology zones, must be in line with relevant master plans and construction schedules of the zones.

Article 25. Investment capital for construction of information technology zones

1. For an information technology zone built with state capital, the state funds must be spent for the following jobs:

a/ Making of the detailed plan, and investment preparation;

b/ Ground clearance; disposal of bombs, landmines and explosives, ground leveling, and resettlement;

c/ Construction of common-use technical infrastructure of the information technology zone, including transport, communications, electricity, water and environmental treatment facilities;

d/ Building of the head office of the organization managing the information technology zone;

dd/ Building of technical infrastructure in the training and information technology research and development sub-zones;

e/ Payment of other expenses for the management of construction investment activities by the organization managing the information technology zone.

2. Technical infrastructure of other sub-zones must be built with state budget funds and financing from other sources, giving priority to capital raised from other sources.

3. For information technology zones built with non-state budget capital, depending on the practical conditions of each zone, the State shall consider providing partial supports for the facilities specified from Points a, b and c, Clause 1 of this Article.

Chapter VI

STATE MANAGEMENT OF INFORMATION TECHNOLOGY ZONES

Article 26. Contents of state management of information technology zones

1. To elaborate master plans, plans, programs and mechanisms and policies on development of information technology zones.

2,. To regulate and guide the establishment, construction, development and management of operations of information technology zones.

3. To grant, modify or revoke investment certificates, business registration certificates, licenses and certificates, to organize the performance of state administrative procedures and provision of support services related to investment and production and business activities of organizations and individuals in information technology zones.

4. To organize the apparatuses of, and provide professional training and retraining to, state management agencies in charge of information technology zones.

5. To guide, support and assess investment efficiency; to examine, supervise, inspect, settle complaints and denunciations, perform commendation and reward work, handle violations, and settle issues arising in the course of formation, development and operation of information technology zones.

6. To examine, inspect and supervise the satisfaction of the criteria of information technology zone, observance of law, and handling of violations committed in information technology zones.

Article 27. Responsibilities for state management of information technology zones

1. The Government shall perform the uniform state management of information technology zones nationwide on the basis of assigning specific tasks and powers to each ministry, sector and provincial-level People’s Committee as provided in this Decree; direct the elaboration and implementation of development master plans and plans, and adopt policies and promulgate legal documents on information technology zones.

2. The Ministry of Information and Communications shall:

a/ Take responsibility before the Government for the performance of state management of information technology zones nationwide;

b/ Formulate and promulgate mechanisms and policies on development of information technology zones according to its competence, or submit these mechanism and policies to the Government or the Prime Minister for promulgation.

c/ To examine and inspect the construction, development, management and operation of information technology zones;

d/ To appraise and submit to the Prime Minister for decision the establishment, expansion and recognition of information technology zones, and addition to the master plan on development of information technology zones;

dd/ To build and manage the national information system on information technology zones; to assess the operation efficiency of information technology zones.

3. Related ministries and agencies shall perform the state management of operation of information technology zones according to their functions and tasks, or authorize organizations managing information technology zones to perform some state management tasks.

4. Provincial-level People’s Committees shall:

a/ Direct the elaboration and approval of detailed construction plans of information technology zones under Article 7 of this Decree; appraise and approve base designs of investment projects on development of infrastructure of information technology zones; decide on the use of state capital to support investors in building technical infrastructure systems of information technology zones;

b/ Appraise and approve, or authorize organizations managing information technology zones to appraise and approve, investment projects in information technology zones in accordance with law;

c/ Grant, modify or revoke investment certificates, business registration certificates, licenses and certificates; organize the performance of state administrative procedures and provision of support services related to investment, production and business activities of organizations and individuals in information technology zones;

d/ Plan land areas for building resettlement quarters, houses for specialists, service facilities and public facilities; support the construction of houses for specialists, resettlement quarters, socio-technical infrastructure works in accordance with the Law on the State Budget; conduct investment and trade promotion; support compensation and ground clearance work to speed up the investment and development of information technology zones;

dd/ Direct the recovery of land and water surface areas and compensation, ground clearance and resettlement work and carry out the procedures for lease or allocation of land in information technology zones in accordance with the land law and relevant laws;

e/ Direct related organizations to elaborate and implement plans on investment in the construction of technical and social infrastructure inside and outside information technology zones such as roads, electricity supply systems, water supply and drainage systems, communications, vocational training establishments, houses, medical establishments, schools and public works to meet the requirements on development of information technology zones;

g/ Examine, inspect and supervise the construction, development, management and operation of information technology zones in localities. Coordinate with ministries and ministerial-level agencies in settling matters beyond their competence, or propose them to the Prime Minister for consideration and decision;

h/ Perform other state management tasks and powers toward information technology zones in accordance with law.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 28. Effect

1. This Decree takes effect on January 1, 2014.

2. The provisions of Chapter III of the Government’s Decree No. 71/2007/ND-CP of May 3, 2007, detailing and guiding a number of the Law on Information Technology’s articles on information technology industry, cease to be effective on the effective date of this Decree.

3. Information technology zones recognized before the effective date of this Decree which are certified by the Ministry of Information and Communications as satisfying the criteria provided in Article 5 of this Decree are not required to carry out the recognition procedures and are entitled to the policies prescribed in this Decree.

4. Information technology zones recognized before the effective date of this Decree which do not satisfy the criteria provided in Article 5 of this Decree shall complete the recognition procedures provided in this Decree within 2 years.

Article 29. Implementation responsibility

1. The Ministry of Information and Communications shall guide the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, provincial-level People’s Committee chairpersons and related organizations and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG