This Decree stipulates the establishment, expansion, and recognition of concentrated information technology zones, and provides preferential policies for such zones. It applies to organizations and individuals, both domestic and foreign, participating in investment in concentrated information technology zones.
适用范围
Organizations and individuals, both domestic and foreign, participating in investment, establishment, management, and other activities related to concentrated information technology zones.
要点
- To be recognized as a concentrated information technology zone, it must meet criteria regarding functions, tasks, number of specialized workers, and land area.
- The investor of a concentrated information technology zone enjoys many benefits such as technical infrastructure support, corporate income tax, and exemption from import duties on goods.
- The management organization of a concentrated information technology zone has the responsibility to manage activities within the zone and implement investment promotion activities.
- A concentrated information technology zone is permitted to establish a customs clearance point according to the provisions of the law.
- The Government uniformly manages state administration over concentrated information technology zones, with the Ministry of Information and Communications being primarily responsible.
🌐 本文件的社会影响
- Creating a favorable environment for investment activities, attracting capital and technology from both domestic and foreign sources.
- Helping to develop the information technology industry into a key sector of the national economy.
- Enhancing the competitiveness of Vietnamese information technology enterprises.
- Producing information technology products and services capable of replacing imported products, promoting development in many other fields.
- Contributing to economic growth, improving production technology levels, and enhancing the competitiveness of products and services of Vietnamese enterprises.
❓ 常见问题
Who does this Decree apply to?
This Decree applies to organizations and individuals, both domestic and foreign, participating in investment, establishment, management, and other activities related to concentrated information technology zones.
What incentives does the investor of a concentrated information technology zone enjoy?
The investor of a concentrated information technology zone enjoys incentives such as technical infrastructure support, a corporate income tax rate of 10% for a period of 15 years, exemption from taxes for 4 years, and a reduction of 50% of the tax payable for the next 9 years.
How can a concentrated information technology zone establish a customs clearance point?
A concentrated information technology zone is permitted to establish a customs clearance point within the zone according to the provisions of the law, and the Ministry of Finance will provide detailed guidance on procedures and conditions for establishing a customs clearance point.
What responsibilities does the Government have regarding concentrated information technology zones?
The Government uniformly manages state administration over concentrated information technology zones, with the Ministry of Information and Communications being primarily responsible for developing and issuing mechanisms and policies for the development of concentrated information technology zones.
What is the duration of effect of this Decree?
This Decree takes effect from January 1, 2014. The provisions in Chapter III of Decree No. 71/2007/ND-CP cease to be effective from the date this Decree takes effect.
全文
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THE GOVERNMENT |
SOCIALIST REPUBLIC OF VIET NAM |
|
Number: 154/2013/NĐ-CP |
Hanoi, November 8, 2013 |
DECREE
PROVISIONS ON CONCENTRATED INFORMATION TECHNOLOGY ZONES
On the basis of Law on the Organization of the Government dated December 25, 2001;
On the basis of The Law on Information Technology dated June 29, 2006;
On the basis of The Law on High Technology dated November 13, 2008;
At the proposal of the Minister of Information and Communications,
The Government issues this Decree to provide for concentrated information technology zones.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation and Applicability
1. This Decree provides for the establishment, expansion, recognition of concentrated information technology zones; organization of management activities, mechanisms, policies, and state management activities related to concentrated information technology zones.
2. This Decree applies to organizations and individuals of Vietnam, foreign organizations and individuals participating in investment, establishment, management, and other activities related to concentrated information technology zones.
Article 2. Interpretation of Terms
In this Decree, the following terms are understood as follows:
1. A concentrated information technology zone is a zone that concentrates research and development, training, production, and business activities of information technology products and services, providing infrastructure and information technology services for organizations, enterprises, and other activities related to information technology.
2. The investor of a concentrated information technology zone is an organization or individual holding capital or a direct representative of the owner managing and using capital to implement the construction of a concentrated information technology zone.
Article 3. Objectives of concentrated information technology zones
Concentrated information technology zones have the following objectives:
1. To form a center for information technology, create infrastructure for the application and development of information technology; promote the development of the information technology industry; establish a research and development center for information technology products serving training and technology transfer in the field of information technology; incubate information technology enterprises;
2. To create a favorable environment for investment activities to attract domestic and foreign capital and technology, contributing to building the information technology industry into a key and important sector of the national economy;
3. To create a work environment meeting international standards, attracting high-quality labor, contributing to enhancing the competitiveness of Vietnamese information technology enterprises;
4. To produce information technology products and services capable of replacing imported products, contributing to promoting the development of sectors such as telecommunications, finance, banking, customs, aviation, trade, e-commerce, public services, education, training, healthcare, security, and defense;
5. To contribute to economic growth, improve the technological level of production and competitiveness of Vietnamese enterprises' goods and services; enhance the position and brand of Vietnamese information technology;
6. To form a center for providing information technology and communication infrastructure and services.
Article 4. Functions and tasks of concentrated information technology zones
Concentrated information technology zones have the following functions and tasks:
1. To carry out research and development, application, and transfer of information technology;
2. To produce and sell information technology products, provide information technology services;
3. To train information technology human resources;
4. To incubate information technology technology and enterprises;
5. To promote information technology trade; organize exhibitions, fairs, demonstrations of information technology products and services;
6. To promote domestic and foreign investment to boost information technology activities;
7. To provide infrastructure, services, and necessary conditions for organizations and enterprises operating within the zone to perform the functions and tasks stipulated herein.
Article 5. Criteria for Concentrated Information Technology Zones
The criteria for concentrated information technology zones include:
1. Engaging in activities consistent with the functions and tasks of concentrated information technology zones as stipulated in Article 4 of this Decree;
2. Having at least 2,000 specialized workers in information technology, accounting for a minimum of 60% of the total number of workers in the zone. For zones that only concentrate on software production facilities, digital content, and information technology services, there must be at least 1,000 specialized workers in information technology, accounting for a minimum of 60% of the total number of workers in the zone;
3. For zones that only concentrate on software production facilities, digital content, and information technology services, the total land area must be at least 1 hectare. In cases where the zone includes other activities, the total land area must be at least 5 hectares;
4. Having functional zones as prescribed in Article 7 of this Decree.
Article 6. Investment Activities in Concentrated Information Technology Zones
Investment activities in concentrated information technology zones include:
1. Construction and operation of technical infrastructure projects;
2. Research and development, transfer of information technology applications;
3. Production and sale of software products, digital content, and information technology services;
4. Production and sale of hardware products, electronics belonging to the priority investment and development high-tech list and the encouraged development high-tech product list as prescribed by laws on high technology;
5. Training of information technology human resources;
6. Incubation of information technology technology and enterprises; promotion of trade and investment in information technology;
7. Provision of services supporting activities within concentrated information technology zones.
Article 7. Organization of Functional Zones in Concentrated Information Technology Zones
1. Concentrated information technology zones are organized into two main groups of functional zones:
a) A group of zones implementing the functions and tasks of concentrated information technology zones including:
- Production and business zones for information technology products and services;
- Research and development, consulting, training, and information technology incubator zones;
- Office and administrative management zones;
- Central infrastructure construction zones such as electricity, water, telecommunications, environmental treatment, fire prevention and extinguishing, and other technical infrastructures;
- Exhibition, fair, and product promotion and communication zones;
- Other functional zones performing the functions of concentrated information technology zones.
b) A group of zones providing services for concentrated information technology zones including:
- Ecological and public service zones;
- Financial or financial linkage, banking zones;
- Housing zones serving experts working in concentrated information technology zones;
- Other functional zones providing services for concentrated information technology zones.
2. Concentrated information technology zones may not have all the functional zones as prescribed in Clause 1 of this Article, but the total land area of the group of zones implementing the functions and tasks of concentrated information technology zones must ensure a minimum of 50% of the total construction land area. The arrangement and organization of each functional zone can be centralized or decentralized according to the actual conditions of each zone.
3. The net building density of concentrated information technology zones shall not exceed 40% of the land area of the zone.
Chapter II
ESTABLISHMENT AND EXPANSION OF CONCENTRATED INFORMATION TECHNOLOGY ZONES
Article 8. Comprehensive planning for the development of centralized information technology zones
1. The Ministry of Information and Communications shall take the lead and coordinate with relevant ministries, sectors, and provincial People's Committees (hereinafter referred to collectively as provincial-level People's Committees) to develop and submit comprehensive planning for the development of centralized information technology zones for approval by the Prime Minister.
2. Comprehensive planning for the development of centralized information technology zones serves as the basis for considering the establishment and expansion of centralized information technology zones; developing detailed planning, infrastructure construction plans, and investment development plans to serve the development of centralized information technology zones.
3. The development and supplementation of comprehensive planning for centralized information technology zones shall be based on the following principles:
a) Consistency with economic and social development planning; land use planning at the local level; regional and urban construction planning; technical infrastructure planning; mineral resource planning and other natural resources. Priority should be given to land that has been planned for industrial park, economic zone, and other areas to establish centralized information technology zones;
b) Possessing favorable conditions or having the potential to build technical infrastructure and social infrastructure, implementing them in a coordinated manner and closely integrating comprehensive planning for the development of centralized information technology zones with urban development planning, population distribution, housing, and social facilities serving workers in centralized information technology zones;
c) Having sufficient conditions to develop centralized information technology zones including:
- Having reserve land for development;
- Having the ability to attract domestic and foreign investors' capital;
- Having the ability to provide and meet labor demands;
- Having the ability to connect with information technology human resource training centers and research and development centers for information technology;
d) Ensuring requirements related to national defense and security.
Article 9. Conditions for establishing and expanding centralized information technology zones
1. Conditions for establishing centralized information technology zones include:
a) Consistency with approved comprehensive planning for the development of centralized information technology zones;
b) Functions and tasks of centralized information technology zones must comply with the provisions of Article 4 of this Decree;
c) Centralized information technology zones currently operating within the area have leased or subleased group partition areas performing the functions and tasks of centralized information technology zones reaching at least 60% of the land area.
2. Conditions for expanding centralized information technology zones include:
a) The technical infrastructure system of centralized information technology zones has been basically completed according to detailed construction planning;
b) Leased or subleased group partition areas performing the functions and tasks of centralized information technology zones have reached at least 70% of the land area.
Article 10. Authority and procedures for establishing and expanding centralized information technology zones
1. The Prime Minister decides on the establishment and expansion of centralized information technology zones.
2. Documents for establishing centralized information technology zones shall be prepared in accordance with the provisions of Article 11 of this Decree.
3. Documents for expanding centralized information technology zones shall be prepared in accordance with the provisions of Article 12 of this Decree.
4. In cases where the establishment or expansion of centralized information technology zones is not included in the approved comprehensive planning for the development of centralized information technology zones, the provincial-level People's Committee shall implement procedures to request the inclusion of centralized information technology zones in the comprehensive planning for the development of centralized information technology zones in accordance with Articles 8 and 13 of this Decree.
Article 11. Documents for Establishing a Concentrated Information Technology Zone
1. The documents for establishing a concentrated information technology zone include:
a) A report to the Prime Minister by the Provincial People's Committee on the establishment of a concentrated information technology zone;
b) A proposal for establishing a concentrated information technology zone including the following main contents:
- The necessity and legal basis for establishment;
- A report analyzing the ability to meet the criteria specified in Article 5 of this Decree;
- An assessment of the conditions regarding geographical location, natural environment, economic and social aspects of the area planned for the construction of a concentrated information technology zone;
- A description of the development direction of the zone, including development goals, functions, tasks, directions for developing information technology activities; planning for the development of functional zones, land use planning; evaluation of expected economic and social benefits;
- A total investment estimate, methods for mobilizing capital for constructing the common technical infrastructure system and technical infrastructure of functional zones;
- Solutions for organizing and managing the construction and operation of the zone;
- A zoning plan on the zoning map;
- A certified copy of the Decision approving the Environmental Impact Assessment Report of the project to construct the technical infrastructure of the concentrated information technology zone, accompanied by the approved Environmental Impact Assessment Report.
2. The documents are prepared in one set and submitted to the Ministry of Information and Communications for review in accordance with Article 14 of this Decree, and then submitted to the Prime Minister for consideration and decision.
Article 12. Documents for Expanding a Concentrated Information Technology Zone
1. The documents for expanding a concentrated information technology zone include:
a) A report to the Prime Minister by the Provincial People's Committee on the expansion of a concentrated information technology zone;
b) A proposal for expanding a concentrated information technology zone including the following main contents:
- The necessity and legal basis for expansion, including evidence and documents proving compliance with the conditions stipulated in Clause 2, Article 9 of this Decree;
- An assessment of the conditions regarding geographical location, natural environment, economic and social aspects of the area planned for expanding the concentrated information technology zone;
- A description of the development direction of the zone, including development goals, functions, tasks, directions for developing information technology activities; planning for the development of functional zones, land use planning; evaluation of expected economic and social benefits;
- A total investment estimate, methods for mobilizing capital for constructing the common technical infrastructure system and technical infrastructure of functional zones;
- Solutions for organizing and managing the construction and operation of the zone;
- An expansion zoning plan on the zoning map;
- A certified copy of the Decision approving the Environmental Impact Assessment Report of the project to construct the technical infrastructure of the concentrated information technology zone, accompanied by the approved Environmental Impact Assessment Report;
- A comprehensive report on the operation of the concentrated information technology zone implemented in accordance with Point c, Clause 1, Article 17 of this Decree.
2. The documents are prepared in one set and submitted to the Ministry of Information and Communications for review in accordance with Article 14 of this Decree, and then submitted to the Prime Minister for consideration and decision.
Article 13. Documents for Supplementing a Concentrated Information Technology Zone into the Comprehensive Development Plan for Concentrated Information Technology Zones
1. The documents for supplementing a concentrated information technology zone into the comprehensive development plan for concentrated information technology zones include:
a) A proposal for supplementing a concentrated information technology zone into the comprehensive development plan for concentrated information technology zones including the following main contents:
- The necessity and legal basis for supplementing the plan;
- An assessment of the implementation situation and projected economic and social development direction, and the development of the information technology industry on the provincial or centrally-administered city territory;
- An assessment of the current status of construction and development of established and planned concentrated information technology zones on the provincial or centrally-administered city territory;
- The name, location, area size, current status, and specific development conditions of each concentrated information technology zone proposed for supplementation in the plan;
- An assessment and explanation of the ability to meet the criteria specified in Article 5 of this Decree;
- The potential for mobilizing capital for investing in and developing concentrated information technology zones;
- A zoning plan for the development of concentrated information technology zones on the zoning map.
b) A report to the Prime Minister by the Provincial People's Committee on the supplementation of a concentrated information technology zone into the comprehensive development plan for concentrated information technology zones.
2. The documents are prepared in one set and submitted to the Ministry of Information and Communications for review in accordance with Article 14 of this Decree, and then submitted to the Prime Minister for consideration and decision.
Article 14. Review for establishment, expansion of centralized information technology zones or supplementation to the overall planning for development of centralized information technology zones
1. The Ministry of Information and Communications shall review and submit to the Prime Minister for decision on the establishment, expansion of centralized information technology zones or supplementation to the overall planning for development of centralized information technology zones.
2. The review for establishment, expansion of centralized information technology zones or supplementation to the overall planning for development of centralized information technology zones includes the following contents:
a) Legal basis and necessity;
b) Compatibility of the establishment, expansion of centralized information technology zones or supplementation to the overall planning for development of centralized information technology zones with the economic and social development strategy; land use planning of the locality; regional and urban planning; technical infrastructure planning;
c) Objectives and standards of the establishment, expansion of centralized information technology zones or supplementation to the overall planning for development of centralized information technology zones and allocation of resources;
d) Degree of compliance with corresponding conditions for the establishment, expansion of centralized information technology zones or supplementation to the overall planning for development of centralized information technology zones;
đ) Implementation solutions and feasibility of the establishment, expansion of centralized information technology zones or supplementation to the overall planning for development of centralized information technology zones.
3. Procedure and process for review:
a) Within five working days from the date of receipt of complete documents for establishment, expansion of centralized information technology zones or supplementation to the overall planning for development of centralized information technology zones as prescribed, the Ministry of Information and Communications shall seek opinions from relevant ministries and sectors;
In case the documents do not meet the requirements stipulated in Articles 11, 12, or 13 of this Decree, the Ministry of Information and Communications shall issue a document requesting the provincial People's Committee to supplement the documents. The time for supplementing documents shall not be counted towards the review period.
b) Within ten working days from the date of receipt of the document seeking opinions from the Ministry of Information and Communications, the ministries and sectors shall send their opinions to the Ministry of Information and Communications;
In case of necessity, the Ministry of Information and Communications may organize a meeting with relevant ministries and sectors and the provincial People's Committee to clarify related issues.
c) Within five working days from the date of receipt of the reply documents from relevant ministries and sectors, the Ministry of Information and Communications shall compile and submit to the Prime Minister for consideration and decision.
Article 15. Time limit for construction and operation of centralized information technology zones
Within three years from the date of handover of land that has completed land clearance work, the project investor must ensure the basic completion of infrastructure construction such as internal traffic roads, water supply and drainage systems, power systems, wastewater treatment and environmental protection facilities to provide for investors.
Chapter III
RECOGNITION OF CENTRALIZED INFORMATION TECHNOLOGY ZONES
Article 16. Principles, authority and conditions for recognition of centralized information technology zones
1. Other types of zones currently operating with functions as prescribed in Article 4 and meeting the criteria set out in Article 5 of this Decree shall be considered for recognition as centralized information technology zones.
2. The Prime Minister shall decide on the recognition of centralized information technology zones.
3. Zones recognized as centralized information technology zones must comply with the prescribed functions in Article 4, the criteria set out in Article 5, and can only attract investment activities as prescribed in Article 6 of this Decree.
4. Recognition of centralized information technology zones serves as the basis for applying preferential policies for centralized information technology zones. Zones recognized as centralized information technology zones shall be included in the overall planning for development of centralized information technology zones.
Article 17. Documents for Recognizing Concentrated Information Technology Zones
1. The documents for recognizing concentrated information technology zones include:
a) A proposal from the provincial People's Committee to the Prime Minister regarding the recognition of concentrated information technology zones;
b) Investment certificates issued to investors implementing projects to develop infrastructure in concentrated information technology zones;
c) An overall report on the operation of the zone including the following contents:
- An overview of the zone (formation and development process, organizational management model; total investment amount over different periods,...);
- An explanation of compliance with the criteria specified in Article 5 of this Decree and accompanying documents;
- An investment effectiveness report;
- Financial reports;
- An economic and social impact and environmental assessment report;
- Solutions for organizing the construction, planning, and management of the zone after being recognized as a concentrated information technology zone;
- A description of the development direction of the zone including development goals, functions, tasks, and directions for developing information technology activities.
2. The documents shall be prepared in one set and submitted to the Ministry of Information and Communications for review, and then presented to the Prime Minister according to the provisions of Clause 2 and Clause 3 of Article 18 of this Decree.
Article 18. Reviewing Recognition of Concentrated Information Technology Zones
1. The Ministry of Information and Communications reviews the recognition of concentrated information technology zones and presents it to the Prime Minister for consideration and decision.
2. The review of recognizing concentrated information technology zones includes the following contents:
a) Legal basis and necessity of recognizing concentrated information technology zones;
b) Ability to meet the criteria for concentrated information technology zones stipulated in Article 5 of this Decree;
c) Solutions for organizing the implementation of construction, planning, and management of the zone after being recognized as a concentrated information technology zone.
3. Procedure and process for review:
a) Within five working days from the date of receiving all documents for recognizing concentrated information technology zones, the Ministry of Information and Communications seeks opinions from relevant ministries and sectors;
b) Within ten working days from the date of receipt of the document seeking opinions from the Ministry of Information and Communications, the ministries and sectors shall send their opinions to the Ministry of Information and Communications;
In case of necessity, the Ministry of Information and Communications organizes meetings with relevant ministries and sectors and the provincial People's Committee to clarify related issues;
c) Within five working days from the date of receipt of the reply documents from relevant ministries and sectors, the Ministry of Information and Communications shall compile and submit to the Prime Minister for consideration and decision.
Chapter IV
MANAGEMENT ORGANIZATION AND OPERATIONS IN CONCENTRATED INFORMATION TECHNOLOGY ZONES CONCENTRATED INFORMATION TECHNOLOGY ZONES
Article 19. Model and Functions of Management Organization in Concentrated Information Technology Zones
1. For concentrated information technology zones invested with state capital, the Prime Minister decides or authorizes the Chairman of the provincial People's Committee to decide on establishing the management organization and promulgating operational regulations.
2. For concentrated information technology zones invested with non-state budget capital, the management organization of concentrated information technology zones is a business entity established and operated in accordance with the Law on Enterprises.
Article 20. Tasks and Authorities of Management Organization in Concentrated Information Technology Zones
The management organization of concentrated information technology zones has the following tasks and authorities:
1. Managing activities within concentrated information technology zones in accordance with the law;
2. Implementing promotional and investment attraction activities;
3. Providing comments on investment projects in concentrated information technology zones;
4. Resolving difficulties and obstacles of investors in concentrated information technology zones within its authority or recommending competent authorities to resolve them;
5. Performing tasks authorized or requested by state agencies.
Chapter V
INCENTIVE POLICIES FOR OF CONCENTRATED INFORMATION TECHNOLOGY ZONES
Article 21. Support and incentives for investment in constructing centralized information technology zones
The investor constructing centralized information technology zones shall enjoy the following support and incentives:
1. To be supported by the State in investing to provide technical infrastructure systems within and outside the zone (roads, electricity, clean water, drainage and other infrastructure), organizing public passenger transportation systems to centralized information technology zones;
2. To be supported by the State in land clearance work for constructing centralized information technology zones;
3. To be facilitated in procedures for land allocation and land lease;
4. To have land use fees and land lease fees reduced by 50%, payable to the state budget, depending on the chosen form of land allocation or lease;
5. To determine the rental price for leased land and the rental price for subleased land with built-in technical infrastructure structures; to transfer land use rights, lease land, and sublease land with built-in technical infrastructure structures in centralized information technology zones to other investors according to the laws on land and real estate business;
6. To enjoy State incentives for electricity, water, and telecommunications usage according to the law;
7. To enjoy State credit investment incentive policies according to the law;
8. To raise capital through project bonds according to the law;
9. To raise capital from land funds according to the law on land to implement projects for developing technical infrastructure and social infrastructure serving centralized information technology zones;
10. To raise capital through the form of leasing part or all of the unleased land area to investors (excluding entities specified in Point d Clause 4 Article 3 of the Investment Law) who have financial capacity and experience in attracting investment to invest and sublease land to implement projects for constructing and operating functional area infrastructure in centralized information technology zones;
11. To be exempted from land use fees for areas of land used to construct non-commercial technical and social infrastructure facilities according to the law;
12. To include the costs of constructing and operating social infrastructure projects serving centralized information technology zones in reasonable expenses for calculating corporate taxable income;
13. To enjoy other State incentives applied to activities of investing in constructing high-tech zones according to the law;
Article 22. Support and incentives for organizations and enterprises operating in centralized information technology zones
Organizations and enterprises implementing new investment projects in the field of information technology in centralized information technology zones shall enjoy the following support and incentives:
1. To choose forms of land allocation with payment of land use fees, land lease, or sublease of land with built-in infrastructure according to the law on land;
2. To apply a corporate income tax rate of 10% for a period of 15 years, exemption for 04 years, and reduction of 50% of the tax payable for the next 09 years on corporate income from new investment projects in centralized information technology zones. For newly established enterprises from large-scale information technology investment projects requiring special attraction, the application period of the preferential tax rate may be extended but the total application period of the 10% rate shall not exceed 30 years. The Prime Minister decides to extend the application period of the preferential tax rate of 10% provided in this Clause upon the proposal of the Minister of Finance;
3. To be exempted from import duties on goods imported to create fixed assets and serve the production of information technology products and services of enterprises, including:
a) Equipment and machinery;
b) Specialized transport means in domestic production chains that have not yet been produced domestically; transport means for picking up and dropping off employees including buses with 24 seats or more and watercraft;
c) Spare parts, components, separate parts, accessories, fixtures, molds, and accompanying accessories for assembling equipment and machinery, specialized transport means specified in Points a and b of this Clause;
d) Raw materials and materials not yet produced domestically used to manufacture equipment and machinery in domestic production chains or to manufacture spare parts, components, separate parts, accessories, fixtures, molds, and accompanying accessories for assembling equipment and machinery specified in Point a of this Clause;
d) Construction materials not yet produced domestically.
4. To enjoy export tax incentives for information technology products and services according to the law;
5. To be facilitated in customs procedures during the import and export of machinery and equipment and information technology products and services;
6. To enjoy State investment credit and export credit incentives, National Science and Technology Development Fund, and other credit organizations according to the law;
7. To enjoy other State incentives applied to enterprises operating in high-tech zones. In cases where enterprises fall under multiple incentive levels according to the law, the highest level of incentive shall be applied.
Article 23. Points of clearance in concentrated information technology zones
1. Concentrated information technology zones are permitted to establish points of clearance within the zone in accordance with the provisions of the law.
2. The Ministry of Finance shall provide detailed guidance on procedures and conditions for establishing points of clearance in concentrated information technology zones.
Article 24. Management of planning and construction of technical infrastructure
1. Construction of technical infrastructure structures and works in concentrated information technology zones must be in accordance with approved planning. The management organization of concentrated information technology zones shall manage planning files, technical design documents, and acceptance records of technical infrastructure construction projects within concentrated information technology zones.
2. For technical infrastructure projects constructed using state budget funds, the management organization of concentrated information technology zones shall implement them in accordance with the provisions of the law.
3. For technical infrastructure projects constructed using non-state budget funds, the management organization of concentrated information technology zones shall guide and supervise investors to construct according to the planning and legal regulations.
4. Transportation, power supply, water supply, and communication infrastructure projects outside the boundaries of concentrated information technology zones, which are implemented by enterprises at the request of the management organization of concentrated information technology zones, must be consistent with the planning and construction schedule of concentrated information technology zones.
Article 25. Investment capital for constructing concentrated information technology zones
1. For concentrated information technology zones invested with state capital, the state capital shall be allocated for the following tasks:
a) Preparing detailed planning and investment preparation work;
b) Land clearance, mine detection, demining, land leveling, resettlement;
c) Constructing common technical infrastructure of concentrated information technology zones including: transportation, communication, electricity, water supply, environmental treatment infrastructure;
d) Building headquarters of the management organization of concentrated information technology zones;
đ) Constructing technical infrastructure of training sub-zones and research and development sub-zones for information technology;
e) Other costs serving the management and implementation of investment and construction activities of the management organization of concentrated information technology zones;
2. The construction of technical infrastructure in other areas shall be carried out using state budget funds and other sources of funds, prioritizing the mobilization of other sources of funds for implementation.
3. For concentrated information technology zones invested with non-state budget funds, depending on the actual conditions of each zone, the State may consider prioritizing partial funding support for the contents from Point a to Point c of Clause 1 of this Article.
Chapter VI
STATE MANAGEMENT OF OF CONCENTRATED INFORMATION TECHNOLOGY ZONES
Article 26. Contents of state management over concentrated information technology zones
1. Developing planning, programs, mechanisms, and policies for the development of concentrated information technology zones.
2. Prescribing and guiding the establishment, construction, development, and management of activities in concentrated information technology zones.
3. Issuing, adjusting, revoking investment certificates, business registration certificates, various licenses, certificates, and registrations, organizing the implementation of administrative procedures and related support services for investment and business operations of organizations and individuals in concentrated information technology zones.
4. Organizing the administrative apparatus, training, and professional development for state management agencies of concentrated information technology zones.
5. Guiding, supporting, evaluating investment effectiveness; inspecting, supervising, auditing, resolving complaints and grievances, rewarding, handling violations, and resolving issues arising during the formation, development, and operation of concentrated information technology zones.
6. Inspecting, auditing, and supervising compliance with criteria for concentrated information technology zones; enforcement of laws and handling of law violations in concentrated information technology zones.
Article 27. State Management Responsibilities for Concentrated Information Technology Zones
1. The Government shall uniformly manage state affairs concerning concentrated information technology zones throughout the country based on the specific division of tasks and powers of each Ministry, sector, and provincial People's Committee as stipulated in this Decree; it shall direct the development and implementation of planning, plans for development, and issuance of policies and normative legal documents regarding concentrated information technology zones.
2. The Ministry of Information and Communications shall be responsible for:
a) Shall be responsible before the Government for managing state affairs concerning concentrated information technology zones throughout the country;
b) Develop and issue mechanisms and policies for developing concentrated information technology zones according to its authority or submit them to the Government or the Prime Minister for issuance;
c) Organize inspections and audits of construction, development, management, and operation of concentrated information technology zones;
d) Review and submit to the Prime Minister for decision-making on establishment, expansion, and recognition of concentrated information technology zones; supplement overall planning for development of concentrated information technology zones;
đ) Build and manage a national information system on concentrated information technology zones; evaluate the effectiveness of operations of concentrated information technology zones;
3. Ministries and related agencies shall implement state management according to their functions and tasks concerning activities of concentrated information technology zones or authorize the Management Organization of concentrated information technology zones to perform certain state management tasks.
4. Provincial People's Committees shall have the responsibility:
a) Direct the preparation and approval of detailed construction planning for concentrated information technology zones as provided for in Article 7 of this Decree; review and approve the basic design of investment projects for developing infrastructure in concentrated information technology zones; decide on the use of state capital to support investors in building technical infrastructure systems within concentrated information technology zones;
b) Review and approve or authorize the Management Organization of concentrated information technology zones to review and approve investment projects in concentrated information technology zones according to the provisions of the law;
c) Issue, adjust, revoke Investment Certificates, Business Registration Certificates, licenses, certificates, and approvals; organize the implementation of administrative procedures and supportive services related to investment and business operations of organizations and individuals in concentrated information technology zones;
d) Plan land for resettlement areas, housing for experts, and public service facilities; support investment in building housing for experts, resettlement areas, and social infrastructure systems according to the provisions of the State Budget Law; support investment promotion and trade; support compensation and land clearance to accelerate the investment and development process of concentrated information technology zones;
đ) Direct the implementation of land recovery, water surface recovery, compensation, land clearance, and resettlement; and carry out leasing or land allocation procedures in concentrated information technology zones according to the provisions of the Land Law and related laws;
e) Direct relevant organizations to develop investment plans and construct technical infrastructure and social infrastructure systems inside and outside the perimeter of concentrated information technology zones such as transportation roads, power supply systems, water supply and drainage, communication systems, vocational training bases, housing, medical facilities, schools, and other public works to meet the development needs of concentrated information technology zones;
g) Organize inspections, audits, and supervision of construction, development, management, and operations of concentrated information technology zones within their jurisdiction. For issues exceeding their authority, they shall coordinate with ministries and equivalent ministries to resolve them or submit them to the Prime Minister for consideration and decision;
h) Perform other state management responsibilities concerning concentrated information technology zones as prescribed by law.
Chapter VII
IMPLEMENTING PROVISIONS
Article 28. Effective Date
1. This Decree takes effect from January 1, 2014.
2. The provisions of Chapter III of Decree No. 71/2007/NĐ-CP dated May 3, 2007, of the Government detailing and guiding the implementation of certain articles of the Law on Information Technology regarding the information technology industry shall cease to be effective from the date this Decree takes effect.
3. Concentrated information technology zones recognized before the date this Decree takes effect, which are confirmed by the Ministry of Information and Communications to meet the criteria specified in Article 5 of this Decree, shall not need to reapply for recognition procedures and shall enjoy the policies stipulated in this Decree.
4. For concentrated information technology zones recognized before the date this Decree takes effect but failing to meet the criteria specified in Article 5 of this Decree, they must complete the recognition procedures as stipulated in this Decree within two years.
Article 29. Responsibility for Implementation
1. The Ministry of Information and Communications shall be responsible for guiding the implementation of this Decree.
2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees directly under the Central Government, and related organizations and individuals shall be responsible for implementing this Decree./.
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PRIME MINISTER |
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