Decision No. 09/2019/QĐ-TTg stipulates the functions, tasks, powers, and organizational structure of the Management Board of Hoa Lac High-Tech Park under the Ministry of Science and Technology.

Pursuant to …;

Article 24THE stipulating the functions, tasks, powers, and organizational structure of the Hoa Lac High-Tech Park Management Board under the Ministry of Science and Technology

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Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on High Technology dated November 13, 2008;

Pursuant to Decree No. 123/2016/ND-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

Pursuant to Decree No. 99/2003/NĐ-CP dated August 28, 2003 of the Government promulgating the Regulation on High-Tech Zones;

Pursuant to Decree No. 74/2017/NĐ-CP dated June 20, 2017 of the Government stipulating special mechanisms and policies for the Hoa Lac High-Tech Zone;

Pursuant to Decree No. 95/2017/NĐ-CP dated August 16, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Pursuant to the proposal of the Minister of Science and Technology;

The Prime Minister issues this Decision stipulating the functions, tasks, powers, and organizational structure of the Hoa Lac High-Tech Park Management Board under the Ministry of Science and Technology.

Article 1. Position and Functions

1. The Hoa Lac High-Tech Park Management Board (hereinafter referred to as the Management Board) is an organization under the Ministry of Science and Technology, performing the function of direct state management over the Hoa Lac High-Tech Zone (hereinafter referred to as the High-Tech Zone) in accordance with the law.

2. The Management Board (equivalent to a General Department) has legal personality, a seal bearing the National Emblem, and is authorized to open accounts at the State Treasury and banks; it is a first-level budget unit, the focal point receiving annual plan targets and being allocated operating funds from the state budget, with its headquarters located in Hanoi City.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

1. To develop and submit to the Minister of Science and Technology for submission to the Government and the Prime Minister for issuance or approval;

a) Medium-term and long-term development plans for the High-Tech Zone;

b) Mechanisms, preferential policies, support measures, resource mobilization, and socialization to build and develop the High-Tech Zone in accordance with actual conditions during each period as prescribed by law;

c) Recruitment mechanisms and preferential policies for civil servants, public officials, and workers employed at the Management Board.

2. To submit to the Minister of Science and Technology for approval, decision-making, or issuance;

a) Investment projects using state budget funds, official development assistance funds, government bonds, and other lawful sources of funding as prescribed by law;

b) Legal normative documents and other documents concerning the High-Tech Zone.

3. To organize the implementation and monitor the implementation of legal normative documents, policies, master plans, plans, programs, and projects within the High-Tech Zone after they have been approved or issued by competent authorities.

4. To issue guidance documents on specialized matters, internal regulations in accordance with the law.

5. To prepare medium-term and annual public investment plans, annual budget estimates, and three-year financial-budget plans to be sent to relevant ministries and sectors for consolidation in accordance with the Public Investment Law and the State Budget Law.

6. Regarding capital management and development planning

a) To perform the role of the main investor, organizing the implementation of investment projects funded by state budget funds, official development assistance funds, and other lawful sources of funding as prescribed by law;

b) To decide on investment and exercise the powers of the investment decision-maker for investment projects in the High-Tech Zone using state budget funds belonging to Groups B and C, pursuant to the authorization of the Minister of Science and Technology; organizing the selection of investors to sign investment agreements and project contracts with investors implementing projects belonging to Groups B and C through public-private partnerships (PPP) pursuant to the authorization of the Minister of Science and Technology and as prescribed by law;

c) To receive, manage, and utilize official development assistance funds for the construction and development of the High-Tech Zone;

d) To organize the implementation of the development plan for the High-Tech Zone after it has been approved by competent authorities.

7. Regarding cooperation and investment promotion

a) To organize activities to promote investment, trade, and publicity both domestically and internationally to attract investment resources into the High-Tech Zone;

b) To establish and maintain cooperative relations with scientific and technological organizations, high-tech zones, associations, and science parks both domestically and internationally;

c) To cooperate and invest abroad in high technology in accordance with the law;

d) To cooperate, joint venture, and associate with domestic and foreign organizations and individuals in related fields to develop and manage, exploit the High-Tech Zone in accordance with the law; to hire foreign consultants to provide investment promotion advisory services, strategic investment advisory services, and construction and development advisory services for the High-Tech Zone in accordance with the law.

8. Regarding investment management

a) To issue, adjust, and revoke investment policy decisions and business registration certificates for projects within the scope of authority as prescribed by investment laws;

b) To guide the implementation of measures to ensure the execution of investment projects;

c) To monitor and evaluate the implementation of projects in the High-Tech Zone according to business registration certificates, investment policy decisions, and other permits as prescribed by law.

9. Regarding the management of enterprises' operations in the High-Tech Zone

a) To compile, statistically track, and inspect the operations of enterprises in accordance with the law;

b) To issue, reissue, adjust, and extend business licenses for establishing representative offices of foreign organizations and traders; to terminate the operations of representative offices of foreign traders in accordance with the law;

c) To issue, reissue, adjust, and revoke business licenses for trading activities and directly related activities pursuant to delegation.

10. Labor management in the High-Tech Zone shall be carried out in accordance with the law.

11. Regarding land management and use

a) To be allocated land (including both land and water surfaces) to organize the construction and development of the High-Tech Zone in accordance with the planning approved by competent state authorities;

b) To coordinate with organizations responsible for compensation and relocation and relevant agencies to implement compensation, support, and resettlement for the High-Tech Zone;

c) Decision to transfer land without payment of land use fee, lease land, extend land use period, recover transferred or leased land according to the provisions of the law;

d) Decision on specific land price for land rent; issue adjustment factors for land prices and percentages for annual rental unit prices after soliciting opinions from the People's Committee of Hanoi City; approve rental unit prices for re-leasing land based on investors' proposals; determine and announce financial obligations related to land use for land users;

d) Decision to exempt or reduce land rent and determine the amount of exempted or reduced land rent for each investment project according to the provisions of the law;

e) Organize the selection of investors to implement investment projects using land according to the provisions of the law on bidding; organize the auction of land use rights for leasing land according to the provisions of the law on land;

g) Organize the assessment of land use needs and conditions for leasing land; manage and monitor the exercise of rights and obligations of land users; inspect, supervise, monitor, and evaluate compliance with land laws by land users;

12. On planning and construction management

a) Manage and implement the overall urban planning of the High-Tech Zone after approval by the Prime Minister;

b) Organize the preparation of functional area zoning plans; review and approve zoning plans and detailed plans according to delegated authority; implement planning and manage construction according to approved plans;

c) Implement issuance, reissuance, adjustment, extension, and recovery of Construction Permits; implement issuance of location introduction documents, Planning Permits, and provision of information on construction planning according to delegated authority;

d) Fulfill the responsibilities of the specialized agency in charge of reviewing basic design; construction drawings for investment construction projects of investors in the High-Tech Zone according to delegated authority;

đ) Fulfill the responsibilities of the specialized agency in managing construction quality according to delegated authority.

13. On environmental protection

a) Implement environmental protection work according to the provisions of the law on environmental protection;

b) Guide and inspect infrastructure developers and operators, production, business, and service establishments within the High-Tech Zone under its management to comply with environmental protection regulations;

c) Coordinate with competent authorities to resolve environmental disputes between production, business, and service establishments within the High-Tech Zone or with organizations and individuals outside the High-Tech Zone;

d) Organize environmental monitoring of the High-Tech Zone and report monitoring results to the state management body responsible for environmental protection according to regulations;

đ) Coordinate inspections, audits, and administrative violation handling regarding environmental protection for activities of infrastructure developers and operators and production, business, and service establishments within the High-Tech Zone;

e) Prepare and submit environmental protection reports of the High-Tech Zone to the People's Committee of Hanoi City and the Ministry of Natural Resources and Environment according to regulations;

14. Management and support for science and technology

a) Organize the evaluation of science and technology development strategies and plans, assess compliance with science and technology criteria; inspect, monitor, and evaluate the implementation of science and technology commitments of investment projects in the High-Tech Zone according to the law;

b) Organize the promotion, dissemination, and guidance on the implementation of laws, plans, mechanisms, and policies on science and technology after approval by competent authorities in the High-Tech Zone and communication activities on science and technology;

c) Receive and implement resources and support for investment in science and technology development, innovation-driven entrepreneurship, and high-tech infrastructure development. Promote connections among enterprises, organizations, and individuals engaged in science and technology activities, creating a favorable foundation and environment for an innovation ecosystem in the High-Tech Zone;

d) Support and organize the implementation of technology incubation, high-tech enterprise incubation, and innovation-driven entrepreneurship; receive, promote, demonstrate, and transfer technology; train, examine, and provide high-tech human resources according to the law;

đ) Approve and direct units under the Management Board to conduct grassroots research tasks, including: research topics, programs, and projects on science and technological progress application;

e) Organize advisory and service activities on technology incubation, training, examination, high-tech technology transfer, innovation-driven entrepreneurship, and high-tech human resource supply;

15. Prepare records for administrative violations in the fields of planning, construction, land, environment, investment, and labor in the High-Tech Zone and transfer these records to the authorized body for administrative penalty processing according to regulations;

16. Require economic organizations and investors within its authority to periodically or urgently report on their operational status according to the law;

17. On service management and ensuring security and public order

a) Manage exploitation, business, service, and utilization activities of invested facilities; directly manage, exploit, utilize, maintain, and repair state-invested technical infrastructure facilities in the High-Tech Zone;

b) Decide on fees for utilizing state-invested technical infrastructure, sewage treatment fees for state-invested sewage systems after soliciting opinions from the state management body for drainage and local price management bodies; organize the collection of fees for utilizing state-invested technical infrastructure facilities and sewage treatment fees to operate, maintain, and repair technical infrastructure facilities and sewage systems; approve fee levels for utilizing infrastructure, cost recovery for land leveling in functional areas with infrastructure investors based on infrastructure investors' proposals;

c) Chair and coordinate with relevant agencies to ensure security, order, fire prevention and fighting, and promote cultural practices at the High-Tech Zone.

18. Coordinate with state management agencies in inspecting, supervising, handling complaints and accusations, preventing and combating corruption, waste, negativity, and dealing with violations of laws on planning, construction, plans, investment, environment, land, labor, science and technology, and other fields within the High-Tech Zone in accordance with the law.

19. Manage and utilize assigned financial resources and assets; collect and manage various fees and charges as prescribed by law.

20. Organize the collection, submission, and utilization of land rental payments; compensation for land clearance and return; and guarantee deposits for project implementation in cases where investors violate regulations stipulated in Decree No. 74/2017/NĐ-CP dated June 20, 2017 of the Government on special mechanisms and policies for the Hoa Lac High-Tech Park.

21. Examine and approve the issuance of APEC businessperson cards for Vietnamese businessmen working in enterprises established under the Enterprise Law and Investment Law operating within the High-Tech Zone.

22. Serve as the leading agency and the focal point for coordinating the implementation of administrative procedures under the single window mechanism and interlinked single window system within the High-Tech Zone.

23. Manage organizational structure, civil servants, public officials, and workers; appoint, reappoint, transfer, rotate, dismiss, resign, remove from office, terminate employment, reward, and discipline civil servants, public officials, and workers under the management of the Management Board in accordance with the law.

24. Carry out state management tasks for the High-Tech Zone according to the delegation of authority from related ministries and agencies.

25. Regularly report to the Minister of Science and Technology and related ministries and agencies on the situation of investment, construction, development, management, and operation of the High-Tech Zone.

26. Implement administrative reform in the High-Tech Zone according to the administrative reform program and plan of the Ministry of Science and Technology.

27. Perform other tasks and powers delegated by the Minister of Science and Technology.

Article 3. Organizational Structure

1. Office.

2. Planning and Finance Department.

3. Cooperation and Investment Department.

4. Planning, Construction, and Environment Department.

5. Science and Technology Department.

6. High-Tech Incubation and Training Center.

7. Service and Technology Innovation Center.

The units specified from Clause 1 to Clause 5 of this Article are organizations assisting the Director of the Management Board in performing state management functions; the units specified in Clause 6 and Clause 7 of this Article are subordinate public service units.

The Director of the Management Board shall specify in detail the functions, tasks, powers, and organizational structure of the organizations under the Management Board within the scope of the authority granted in accordance with the law.

Article 4. Leadership

1. The Management Board has a Director and not more than four Deputy Directors.

2. The Director and Deputy Directors are appointed, dismissed, removed from office, allowed to resign, and suspended from duty by the Minister of Science and Technology in accordance with the law.

3. The Director is responsible before the Minister of Science and Technology and the law for all activities of the Management Board. The Deputy Directors are responsible before the Director and the law for the areas of work they are assigned to oversee.

Article 5. Effectiveness and Responsibility for Implementation

1. This Decision takes effect from April 2, 2019.

This Decision replaces Decision No. 68/2014/QĐ-TTg dated December 9, 2014 of the Prime Minister on the functions, tasks, powers, and organizational structure of the Management Board of the Hoa Lac High-Tech Park.

2. Ministers, heads of ministerial-level agencies, heads of agencies under the Government, Chairpersons of provincial and municipal People's Committees directly under the central government, and the Director of the Management Board of the Hoa Lac High-Tech Park are responsible for implementing this Decision.