Decision No. 126/2009/QD-TTg Issuing the mechanism for supporting central budget capital for developing infrastructure systems in coastal economic zones

Pursuant to …;

Issuing mechanism for central budget capital support for investment in developing infrastructure systems in coastal economic zones

PRIME MINISTER

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

Pursuant to the Law on State Budget dated December 16, 2002;

Based on the Investment Law dated November 29, 2005;

Pursuant to Decree No. 29/2008/NĐ-CP dated March 14, 2008 of the Government on industrial zones, export processing zones, and economic zones;

The Prime Minister issues this Decision on principles, criteria, and allocation standards for state budget investment capital development phase 2016-2020.

DECISION:

Article 1. Scope of Regulation and Applicability

1. This Decision stipulates conditions, principles, criteria, types of projects and works eligible to receive capital support from the central budget for investment in developing technical infrastructure and social infrastructure in coastal economic zones, and management and utilization of such support capital.

2. Coastal economic zones receiving investment capital support from the central budget as prescribed in this Decision must meet the following conditions:

a) Included in the Master Plan for Development of Coastal Economic Zones of Vietnam until 2020 as per Decision No. 1353/QĐ-TTg dated September 23, 2008 of the Prime Minister;

b) Established pursuant to a Decision of the Prime Minister and operating in accordance with Decree No. 29/2008/NĐ-CP dated March 14, 2008 of the Government on industrial parks, export processing zones, and economic zones;

c) Having a Management Board established by a Decision of the Prime Minister.

Article 2. Principles for allocation of central budget capital support

1. Central budget capital is allocated to support investment in developing essential technical infrastructure and social infrastructure to ensure the operation and development of coastal economic zones.

2. The allocation of central budget capital support must comply with the following principles:

a) Capital will only be allocated to projects and works specified in Article 4 of this Decision that do not have the ability to recover capital;

b) Projects and works allocated capital must be consistent with the approved planning for construction of coastal economic zones and have complete investment procedures in accordance with regulations on basic construction investment management;

c) Capital allocation must be concentrated and ensure investment efficiency; priority should be given to allocating capital to important and urgent projects and works that can be completed within the plan period.

Article 3. Principles of priority and criteria for allocation of central budget capital support

1. Allocation of central budget capital support for coastal economic zones shall be carried out according to the following priority principles:

a) Coastal economic zones with investment projects and works having a driving effect and significant importance to industry and sector development, which have been granted Investment Certificate or Investment Decision with total registered investment amounting to 20,000 billion VND or more;

b) Coastal economic zones established in localities with difficult socio-economic conditions;

c) Coastal economic zones currently implementing investment construction of essential technical infrastructure, land compensation and resettlement projects serving the projects and works specified in point a, Clause 1 of Article 3 of this Decision.

2. Criteria and methods for determining central budget capital support shall be implemented in accordance with the Appendix attached to this Decision.

Article 4. Projects and works eligible to use central budget capital support

1. Construction of main transportation systems within coastal economic zones and connection transportation systems linking coastal economic zones with external transportation systems.

2. Compensation and land clearance for projects and works specified in point a, Clause 1 of Article 3 of this Decision.

3. Compensation and land clearance, and construction of technical infrastructure and social infrastructure for worker housing areas and resettlement areas serving people whose land has been expropriated in coastal economic zones.

4. Construction of centralized solid waste treatment facilities and centralized wastewater treatment systems for industrial zones and duty-free zones within coastal economic zones (including drainage systems, centralized wastewater treatment plants).

Article 5. Management and use of central budget capital support

1. The management, use, payment, and settlement of central budget capital support under this Decision shall be carried out in accordance with the laws on investment project management and construction, the State Budget Law, and other relevant laws.

2. Central budget capital support that is not used for its intended purpose will be recovered to the central budget.

Article 6. Sources of central budget capital support

1. Targeted support capital from the central budget is allocated according to the annual plan.

2. Government bond capital for the main and important transportation systems.

3. Official Development Assistance (ODA) support capital.

Article 7. Authorities and responsibilities of the Ministry of Planning and Investment

1. Annually, based on the central budget investment capital balance capacity, the development situation of coastal economic zones, needs, and the implementation status of projects and works in coastal economic zones, the Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Finance and related agencies to propose the central budget support capital plan for coastal economic zones as stipulated in this Decision to be included in the total investment development budget estimate report submitted to the Government for consideration and decision by the National Assembly in accordance with the State Budget Law.

2. Annually, the Ministry of Planning and Investment shall take the lead and coordinate with relevant ministries, sectors, and localities to compile and assess the implementation and effectiveness of the use of central budget support capital as stipulated in this Decision, and report to the Prime Minister.

Article 8. Authorities and responsibilities of the People's Committees of provinces and centrally governed cities and the Management Boards of economic zones

1. Authorities and responsibilities of the People's Committees of provinces and centrally governed cities:

a) Deciding on the allocation of central budget support capital for projects and works in coastal economic zones within their locality as stipulated in this Decision;

b) Directing, urging, and inspecting agencies and units using central budget support capital for proper and effective purposes in compliance with this Decision and current laws;

c) Being responsible for managing and using central budget support capital for coastal economic zones within their locality in accordance with the law;

d) Balancing local budget capital for developing technical infrastructure and social infrastructure in coastal economic zones within their locality in accordance with the laws on investment project management and construction, the State Budget Law, and other relevant laws;

đ) Reporting on the allocation, management, use, and effectiveness of the use of central budget support capital for coastal economic zones; the need for central budget support capital for investment in the next planning year; the results of determining scores in accordance with the guidelines attached to this Decision, and sending them to the Ministry of Planning and Investment before July 31 each year so that the Ministry of Planning and Investment can implement the tasks stipulated in Article 7 of this Decision.

2. Authorities and responsibilities of the Management Board of economic zones: managing and using central budget support capital in accordance with Article 39 of the Government Decree No. 29/2008/NĐ-CP dated March 14, 2008, on industrial parks, export processing zones, and economic zones, and other relevant laws.

Article 9. Implementation Provisions

1. This Decision takes effect from January 1, 2010.

2. For items and works of coastal economic zones not covered by Article 4 of this Decision but which have been allocated and used investment capital from the central budget before the date this Decision takes effect, they may continue to be implemented until December 31, 2011, in accordance with the approval decisions of competent state authorities.

3. Ministers, heads of ministerial-level agencies, heads of government agencies, and Chairmen of provincial and centrally governed city People's Committees related to this matter are responsible for implementing this Decision./.