Decision No. 1586/QD-TTg on the establishment of the Management Board of Quang Ninh Economic Zone, Quang Ninh Province.

Pursuant to …;

Regarding the establishment of the Management Board of Quang Ninh Economic Zone, Quang Ninh Province

PRIME MINISTER

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

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;

Considering the proposal of the Chairman of the People's Committee of Quang Ninh Province at the report No. 3081/TTr-UBND dated August 18, 2009; and the Minister of Home Affairs at the letter No. 2906/BNV-TCBC dated September 7, 2009,

DECISION:

Article 1. On the establishment and provisions regarding the position and functions of the Management Board of Quang Ninh Economic Zone, Quang Ninh Province

1. Establish the Management Board of Quang Ninh Economic Zone, Quang Ninh Province (hereinafter referred to as the Management Board) based on the merger of the Management Board of Van Don Economic Zone, Quang Ninh Province (established pursuant to Decision No. 06/QĐ-TTg dated January 4, 2008)

2. The Management Board is an agency under the People's Committee of Quang Ninh Province, performing the function of state management directly over industrial zones, economic zones, and border economic zones within the territory of Quang Ninh Province; managing and organizing the provision of administrative public services and other supporting services related to investment and business activities for investors in the economic zone, industrial zones, and border economic zones within the province in accordance with the law.

3. The Management Board has legal personality, has a bank account, and a seal bearing the National Emblem; its office is located in Ha Long City, Quang Ninh Province; it is the budget planning unit of Quang Ninh Province; it is balanced separately from development capital from the central budget. Administrative management expenses and operating expenses of the Management Board are provided by 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. Articles 37 and 38 of Decree No. 29/2008/NĐ-CP dated March 14, 2008 of the Government on industrial zones, export processing zones, and economic zones;

3. Other relevant legal documents.

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 three Deputy Directors.

The Director shall be appointed and relieved of duty by the Chairman of the People's Committee of Quang Ninh Province 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 People's Committee of Quang Ninh Province upon the recommendation of the Director of the Management Board.

2. Organizational structure of the Management Board:

a) Administrative organizations include: office; specialized and professional departments; representatives of the Management Board in industrial zones, economic zones, and border economic zones.

b) Affiliated organizations for public services Based on the requirements and tasks for developing industrial zones, economic zones, and border economic zones within Quang Ninh Province during each specific period, the Director of the Management Board shall take the lead and coordinate with relevant Departments and Agencies to submit to the Chairman of the People's Committee of Quang Ninh Province for the decision to establish affiliated organizations under the Management Board.

3. Staffing:

a) The administrative staffing of the Management Board shall be decided by the People's Committee of Quang Ninh Province within the total administrative staffing assigned, including: the Director, Deputy Directors specializing in their roles, staffing of the office, specialized and professional departments, and representatives of the Management Board in industrial zones, economic zones, and border economic zones within Quang Ninh Province.

b) The public service staffing of the Management Board shall be decided by the Chairman of the People's Committee of Quang Ninh Province in accordance with the law on the delegation of administrative and public service staffing management and the staffing management mechanism for public service units of the State.

4. The Director of the Management Board shall submit to the People's Committee of Quang Ninh Province for the 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. 893/1997/QĐ-TTg dated October 21, 1997 of the Prime Minister on the establishment of the Management Board of Industrial Zones of Quang Ninh Province and Decision No. 06/QĐ-TTg dated January 4, 2008 of the Prime Minister on the establishment of the Management Board of Van Don Economic Zone, Quang Ninh Province.

Article 5. Responsibilities for Implementation

Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairman of the People's Committee of Quang Ninh Province, Director of the Management Board of Quang Ninh Economic Zone, Quang Ninh Province are responsible for implementing this Decision./.