Decree No. 09/2024/NĐ-CP Amending and Supplementing Certain Articles of Decree No. 144/2016/NĐ-CP dated November 1, 2016 of the Government stipulating certain special mechanisms on investment, finance, budget, and decentralization management for Da Nang City.

DECREE
Amending and supplementing certain articles of the Decree
No. 144/2016/NĐ-CP dated November 1, 2016 of the Government
stipulating certain special mechanisms on investment, finance, budget, and decentralization management for Da Nang City

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the State Budget Law dated June 25, 2015;

Pursuant to the Law on Management and Use of State Assets dated June 21, 2017;

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

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

Pursuant to Resolution No. 119/2020/QH14 dated June 19, 2020 of the National Assembly on piloting the organization of urban administration models and certain special mechanisms and policies for the development of Da Nang City;

At the proposal of the Minister of Finance,

The Government promulgates this Decree amending and supplementing certain articles of the Decree No. 144/2016/NĐ-CP dated November 1, 2016 of the Government stipulating certain special mechanisms on investment, finance, budget, and decentralization management for Da Nang City.

Article 1. Supplementing Article 9a (following Article 9 of the Decree No. 144/2016/NĐ-CP dated November 1, 2016 of the Government) as follows:

"Article 9a. On investment, management, and exploitation of information infrastructure assets including the Da Nang Software Park Concentrated Information Technology Zone

1. The Da Nang Software Park Concentrated Information Technology Zone (hereinafter referred to as the Concentrated Information Technology Zone) shall be invested by the People's Committee of the city in accordance with the laws on state budget and public investment, and shall be considered as information infrastructure assets.

2. The People's Council of the city shall examine and decide on investment, upgrading, expansion, and development of information infrastructure assets of the Concentrated Information Technology Zone from the Da Nang City budget.

3. The competent state agency managing the Concentrated Information Technology Zone is the People's Committee of the city.

4. Management and exploitation of the Concentrated Information Technology Zone shall be carried out in accordance with the provisions of Clauses 5, 6, 7, and 8 of this Article.

5. Principles of management and exploitation of the Concentrated Information Technology Zone

a) Management and exploitation of the Concentrated Information Technology Zone must ensure compliance with the assigned purposes, construction, and procurement; efficiency, transparency, and accountability; supervision, inspection, audit in accordance with the law; all violations of the law on management, exploitation, and use of assets must be promptly detected and strictly dealt with in accordance with the law.

b) Establishment, management, storage of files, reports, monitoring, accounting, and maintenance of the Concentrated Information Technology Zone shall be carried out in accordance with the law.

6. Allocation of the Concentrated Information Technology Zone

a) The entity eligible to receive the allocation of the Concentrated Information Technology Zone is a public service unit under the People's Committee of Da Nang City (hereinafter referred to as the management unit of the Concentrated Information Technology Zone).

b) Procedures and formalities for allocating the Concentrated Information Technology Zone

The specialized agency on information and communication under the People's Committee of the city (hereinafter referred to as the information and communication agency) shall submit a document along with the application file for allocating the Concentrated Information Technology Zone (unauthenticated copy) to seek opinions from the financial agency under the People's Committee of the city (hereinafter referred to as the financial agency) and related agencies. The application file includes: The proposal document of the management unit of the Concentrated Information Technology Zone; draft allocation plan (specifying the recipient, form of allocation, reasons for allocation, list of assets to be allocated); related documents.

Within fifteen days from the date of receipt of the complete application file, the financial agency and related agencies shall provide their opinions in writing according to their functions and tasks.

Within fifteen days from the date of receipt of the written opinions of the financial agency and related agencies, the information and communication agency shall complete the allocation plan and submit it to the People's Committee of the city for approval. The application file includes: The document of the information and communication agency (original) along with the allocation plan (specifying the recipient, form of allocation, reasons for allocation, list of assets to be allocated); the proposal document of the management unit of the Concentrated Information Technology Zone (original); the opinions of the financial agency and related agencies (original); related documents (unauthenticated copy).

Within fifteen days from the date of receipt of the complete application file, the People's Committee of the city shall consider and decide on the allocation of the Concentrated Information Technology Zone to the management unit of the Concentrated Information Technology Zone for management and exploitation. The main contents of the Decision on allocation of the Concentrated Information Technology Zone include: Name of the management unit of the Concentrated Information Technology Zone; list of assets; responsibilities for implementation.

Within fifteen days from the date of issuance of the Decision on allocation of the Concentrated Information Technology Zone by the People's Committee of the city, relevant agencies and units shall carry out handover and acceptance in accordance with regulations, and the handover and acceptance shall be recorded in a Protocol according to Model No. 01 attached to this Decree.

7. Exploitation of the Concentrated Information Technology Zone

a) The management unit of the Concentrated Information Technology Zone shall directly organize the exploitation of assets. The organization of exploitation of the Concentrated Information Technology Zone must be documented in a Proposal and approved by the People's Committee of the city.

b) Procedures and formalities for drafting and approving the Proposal

The management unit of the Concentrated Information Technology Zone shall submit a document along with the Proposal according to Model No. 02 attached to this Decree and related documents (unauthenticated copy) to report to the superior management agency (if any) for consideration and seek opinions from the information and communication agency, the financial agency, and related agencies.

Within fifteen days from the date of receipt of the complete application file, the information and communication agency, the financial agency, and related agencies shall provide their opinions in writing according to their functions and tasks.

Within fifteen days from the date of receipt of the written opinions of the information and communication agency, the financial agency, and related agencies, the management unit of the Concentrated Information Technology Zone shall study and incorporate the opinions to revise and perfect the Proposal and submit it to the People's Committee of the city for approval. The application file includes: The document of the management unit of the Concentrated Information Technology Zone (original) along with the Proposal; the opinions of the information and communication agency, the financial agency, and related agencies (original); related documents (unauthenticated copy).

Pursuant to the Project approved by the People's Committee of the city, the management unit of the Concentrated Information Technology Zone shall implement in accordance with point d and point đ of this clause.

c) Implementing the Project

The selection of entities to be provided with infrastructure and service supply in the Concentrated Information Technology Zone (hereinafter referred to as using assets) shall be conducted through auction. The entity assigned to conduct the auction must belong to those specified in Decree No. 154/2013/NĐ-CP dated November 8, 2013 of the Government on concentrated information technology zones and subsequent amendments and supplements (if any).

The starting price for auctioning to select the entity using assets must accurately cover all reasonable and legitimate costs (including: depreciation of fixed assets determined according to the management system and depreciation rate applicable to enterprises; tax, fee, and financial obligations such as land rental fees and other financial liabilities as prescribed by law).

The management unit of the Concentrated Information Technology Zone is responsible for determining the starting price for auctioning to select the entity using assets, reporting to the superior supervisory authority (if any) for review, and reporting to the People's Committee of the city for approval of the starting price. Based on the actual situation in the city, the People's Committee of the city will consider entrusting the appraisal agency and other relevant contents before submitting to the People's Committee of the city for approval of the starting price for auctioning to select the entity using assets.

The selection of the auction organization, the procedures, and the auction process to select the entity using assets shall be carried out in accordance with the laws on asset auctions. The management unit of the Concentrated Information Technology Zone is responsible for monitoring the implementation of the auction process and fulfilling all rights and obligations of the asset owner as stipulated by the laws on asset auctions.

The granting of the right to use assets must be formalized in a Contract, and the signing of the Contract must comply with the provisions of the law. The Contract must include the following main contents: Information about the entity using assets; information about the assets; level of payment and adjustment of the payment level; method and payment period; duration of asset usage; purpose of asset usage; rights and obligations of the parties; liability for breach of contract; penalty for breach of contract; circumstances for terminating the Contract and measures for handling; effective date of the Contract; other contents (if necessary).

d) Managing and utilizing the proceeds from exploiting assets

The management unit of the Concentrated Information Technology Zone is responsible for remitting the entire proceeds from exploiting the Concentrated Information Technology Zone into the state budget. The preparation, approval of the budget estimate, settlement of income and expenditure related to the exploitation of the Concentrated Information Technology Zone shall be carried out in accordance with the laws on the state budget. The People's Council of the city shall specify the content and level of expenditure for the management unit of the Concentrated Information Technology Zone.

8. In cases where there is no entity proposing the need to exploit the Concentrated Information Technology Zone or the exploitation is not effective; the management unit of the Concentrated Information Technology Zone shall identify the cause, propose a solution, report to the specialized agency on information and communication for review and decision by the People's Committee of the city within its authority or report to the competent authority for review and decision.

Article 2. Effective Date

1. This Decree takes effect from February 1, 2024.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of the People's Councils, and Chairmen of the People's Committees of Da Nang City are responsible for implementing this Decree.

Form No. 01

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

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RECORD
Transfer and Acceptance of Infrastructure Assets
Da Nang Software Park Concentrated Information Technology Zone

Pursuant to Decree No. 144/2016/NĐ-CP dated November 1, 2016 of the Government providing special mechanisms on investment, finance, state budget, and decentralization management for Da Nang City;

Pursuant to Decree No. …/2024/NĐ-CP dated … January 1, 2024 of the Government amending and supplementing certain articles of Decree No. 144/2016/NĐ-CP dated November 1, 2016 of the Government providing special mechanisms on investment, finance, state budget, and decentralization management for Da Nang City;

Pursuant to Decision No. .../QĐ-UBND dated ... ... of the People's Committee of Da Nang City regarding the transfer of assets...

Today, on ... ... ..., at ..., the transfer and acceptance of infrastructure assets are carried out as follows:

A. PARTICIPANTS IN THE HANDOVER AND ACCEPTANCE

1. Representative of the transferring party:

Mr./Ms.: ... Position: ...

2. Representative of the receiving party:

Mr./Ms.: ... Position: ...

3. Representative of the witnessing authority (if any):

B. CONTENTS OF THE HANDOVER AND ACCEPTANCE

1. List of assets being handed over and accepted: Da Nang Software Park Concentrated Information Technology Zone; including:

2. Related documents concerning the management and use of the transferred assets:

3. Responsibilities of the handing-over and accepting parties:

a) Responsibilities of the Transferring Party: ...

4. Opinions of the participating handover and acceptance parties: ...

REPRESENTATIVE OF THE WITNESSING AUTHORITY (if any)
(Signature, full name)

Form No. 02

No.: .../... - DA

PROJECT
Exploitation of Infrastructure Assets
Da Nang Software Park Concentrated Information Technology Zone

I. BASIS FOR IMPLEMENTING THE PROPOSAL

1. Legal basis

Pursuant to the Law on Management and Use of State Assets dated June 21, 2017;

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

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

Pursuant to Decree No. 154/2013/NĐ-CP dated November 8, 2013 of the Government on Concentrated Information Technology Zones;

Pursuant to Decree No. 144/2016/NĐ-CP dated November 1, 2016 of the Government providing special mechanisms on investment, finance, state budget, and decentralization management for Da Nang City;

Pursuant to Decree No. …/2024/NĐ-CP dated … January 1, 2024 of the Government amending and supplementing certain articles of Decree No. 144/2016/NĐ-CP dated November 1, 2016 of the Government providing special mechanisms on investment, finance, state budget, and decentralization management for Da Nang City;

Pursuant to other relevant documents concerning the management, use, and exploitation of infrastructure assets of the Da Nang Software Park Concentrated Information Technology Zone.

2. Practical basis

a) Functions and tasks of the assigned unit managing the Concentrated Information Technology Zone.

b) Organizational structure of the assigned unit managing the Concentrated Information Technology Zone.

II. MAIN CONTENTS OF THE PROJECT

1. Current status of management and use of infrastructure assets of the Da Nang Software Park Concentrated Information Technology Zone

a) Current status of management and use of infrastructure assets of the Da Nang Software Park Concentrated Information Technology Zone.

Overview of infrastructure assets of the Da Nang Software Park Concentrated Information Technology Zone;

The current status of management and use of the information infrastructure assets of the Da Nang Software Park Concentrated Information Technology Zone proposes exploitation schemes in the Project.

b) The information infrastructure assets of the Da Nang Software Park Concentrated Information Technology Zone shall be exploited according to the decision of the competent authority (if any): Decision number .../QĐ-UBND dated .../.../... of the People's Committee of Da Nang City regarding ...

List of assets to be exploited (name of asset, quantity, original cost, remaining value, condition of the asset);

Exploitation method: The unit entrusted with managing the Concentrated Information Technology Zone shall directly organize the exploitation of the assets.

Revenue from the exploitation of the information infrastructure assets of the Da Nang Software Park Concentrated Information Technology Zone

+ Sources of revenue:

+ Management and use of revenue:

2. Scheme for exploiting the information infrastructure assets of the Da Nang Software Park Concentrated Information Technology Zone

a) Exploitation scheme

List of proposed assets to be exploited: Name of asset, quantity, original cost, remaining value, condition of the asset.

Exploitation method: The unit entrusted with managing the Concentrated Information Technology Zone shall directly organize the exploitation of the assets.

The necessity and appropriateness of the Project with the assigned functions and tasks, legal regulations on the management and use of public assets, specialized laws on concentrated information technology, and related laws.

b) Preliminary assessment of the effectiveness of the exploitation scheme

Expected results of exploiting the information infrastructure assets of the Da Nang Software Park Concentrated Information Technology Zone; specifically:

Expected revenue from exploiting the assets;

Expected amount to be remitted to the state budget;

Other relevant contents.

In particular, clarify the basis and method for determining the expected level of revenue from providing infrastructure and services within the Concentrated Information Technology Zone (ensuring reasonable and legitimate costs are covered, including depreciation of fixed assets, tax obligations, fees, charges, land rental payments, and other financial obligations as prescribed by law).

III. RECOMMENDATIONS, PETITIONS

HEAD OF THE UNIT ENTRUSTED WITH MANAGING THE CONCENTRATED INFORMATION TECHNOLOGY ZONE (Sign, write full name and stamp)