Decision No. 1463/QD-TTg on the establishment of the Management Board for Industrial Zones and Export Processing Zones in Hanoi City, Hanoi Province

Pursuant to …;

Regarding the establishment of the Management Board for Industrial Zones and Export Processing Zones in Hanoi City Hanoi City

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 PRIME MINISTER

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

Pursuant to Resolution No. 15/2008/NQ-QH12 dated May 29, 2008 of the 12th National Assembly, Session 3 on adjusting the administrative boundaries of Hanoi City and some related provinces;

Pursuant to Decree No. 108/2006/NĐ-CP dated September 22, 2006 of the Government detailing and guiding the implementation of certain provisions of the Investment Law;

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

Pursuant to Decree No. 99/2003/NĐ-CP dated August 28, 2003 of the Government on the regulations for high-tech zones;

Considering the proposal of the Chairman of the People's Committee of Hanoi City at documents No. 768/UBND-SNV dated August 28, 2008 and No. 1444/UBND-SNV dated September 24, 2008; and the proposal of the Minister of Home Affairs at document No. 2803/BNV-TCBC dated September 15, 2008,

DECISION:

Article 1. On the establishment and provisions regarding the position and functions of the Management Board for Industrial Zones and Export Processing Zones in Hanoi City

1. Establish the Management Board for Industrial Zones and Export Processing Zones in Hanoi City (hereinafter referred to as the Management Board) based on the merger of the Management Board for Industrial Zones and Export Processing Zones in Hanoi City (established pursuant to Decision No. 758/TTg dated November 20, 1995 of the Prime Minister) with the Management Board for Industrial Zones of Ha Tay Province (established pursuant to Decision No. 49/2003/QĐ-TTg dated April 14, 2003 of the Prime Minister).

2. The Management Board is an agency under the Hanoi City People's Committee, performing the function of direct state management over industrial zones, export processing zones within Hanoi City and the Hanoi Bio-High Technology Park; managing and organizing the provision of administrative public services and other supporting services related to investment and production and business activities for investors in industrial zones, export processing zones and the Hanoi Bio-High Technology Park within Hanoi City in accordance with the law.

3. The Management Board has legal personality, has a bank account, a seal bearing the State Emblem, and its office is located in Hanoi City; it is the focal point for the city budget plan; the operating funds of the Management Board and the operating funds of affiliated public service units are provided from the state budget in accordance with the law.

Article 2. Tasks and powers of the Management Board

The Management Board performs tasks and powers as prescribed in:

1. Article 81 of Decree No. 108/2006/NĐ-CP dated September 22, 2006 of the Government detailing and guiding the implementation of certain provisions of the Investment Law;

2. Article 37 of Decree No. 29/2008/NĐ-CP dated March 14, 2008 of the Government on industrial zones, export processing zones and economic zones;

3. Article 35 of Decree No. 99/2003/NĐ-CP dated August 28, 2003 of the Government on the issuance of regulations on high technology parks;

4. Other relevant laws and regulations.

Article 3. Organizational structure and staffing of the Management Board

1. Leadership of the Management Board:

The Management Board shall have a Director and not more than four Deputy Directors.

The Director shall be appointed and relieved of duty by the Chairman of the Hanoi City People's Committee according to the criteria set forth by the Ministry of Planning and Investment; Deputy Directors shall be appointed and relieved of duty by the Chairman of the Hanoi City People's Committee upon the recommendation of the Director of the Management Board.

2. Organizational structure of the Management Board:

a) Administrative organizations including: office, specialized departments, and representatives of the Management Board;

b) Affiliated public service organizations.

Based on the requirements and tasks of developing the Hanoi Bio-High Technology Park and industrial zones, export processing zones within Hanoi City at each specific stage, the Director of the Management Board shall take the lead and coordinate with relevant departments to submit to the Chairman of the Hanoi City People's Committee for decision within his authority regarding the organizational structure of the Management Board.

3. Staffing:

a) The administrative staffing of the Management Board includes: the Director, specialized Deputy Directors, and the staffing of the office, specialized departments, and representatives of the Management Board decided by the Hanoi City People's Committee within the total administrative staffing assigned;

b) The public service staffing of the Management Board shall be decided by the Chairman of the Hanoi City People's Committee in accordance with the law on the decentralization of administrative and public service staffing management and the mechanism for managing public service staffing of state-affiliated public service units.

4. The Director of the Management Board shall submit to the Hanoi City People's Committee for detailed regulations on the functions, tasks, powers, and organizational structure of the Management Board in accordance with the law.

Article 4. Effective date

This Decision takes effect from the date of issuance and replaces Decision No. 758/TTg dated November 20, 1995 of the Prime Minister on the establishment of the Management Board for Industrial Zones and Export Processing Zones in Hanoi City and Decision No. 49/2003/QĐ-TTg dated April 14, 2003 of the Prime Minister on the establishment of the Management Board for Industrial Zones of Ha Tay Province.

Article 5. Responsibilities for Implementation

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairman of the Hanoi City People's Committee, Director of the Management Board for Industrial Zones and Export Processing Zones in Hanoi City are responsible for implementing this Decision./.