Decision No. 22/2008/QĐ-TTg stipulates the functions, duties, powers, and organizational structure of the Management Board of the International Border Economic Zone Bo Y.

 

Pursuant to …;

REGULATIONS ON THE FUNCTIONS, DUTIES, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MANAGEMENT BOARD OF THE BORDER GATE ECONOMIC ZONE BO Y

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;
Considering the proposal of the Minister of Home Affairs at the report No. 2462/TTr-BNV dated August 24, 2007; of the People's Committee of Kon Tum Province at the letter No. 1228/UBND-TH dated June 22, 2007 and the letter No. 04/UBND-TH dated January 2, 2008,

DECISION:

Article 1. Position and functions of the Management Board of the Border Gate Economic Zone Bo Y

1. The Management Board of the Border Gate Economic Zone Bo Y (hereinafter referred to as the Management Board) was established pursuant to Article 15 of the Regulation on Organization and Operation of the Border Gate Economic Zone Bo Y issued together with Decision No. 217/2005/QĐ-TTg dated September 5, 2005 of the Prime Minister (hereinafter referred to as the Regulation on Organization and Operation of the Border Gate Economic Zone Bo Y).

2. The Management Board is the state management agency directly responsible for the Border Gate Economic Zone Bo Y (hereinafter referred to as the Economic Zone), accountable under the law for the construction and development of the Border Gate Economic Zone Bo Y; its headquarters is located within the Economic Zone and it has a representative office in Hanoi City.

3. The Management Board implements the construction and development of the Economic Zone according to the planning, schedule, and progress approved by competent state authorities and in accordance with the Regulation on Organization and Operation of the Border Gate Economic Zone Bo Y to centrally and uniformly manage activities in various fields: investment; economic, cultural, and social development; organizing public service provision and other supporting services related to investment and production and business activities within the Economic Zone.

Article 2. Certain special tasks and powers of the Management Board

1. Implement international cooperation and plans for cooperative development among the three provinces in the Vietnam-Laos-Cambodia development triangle; coordinate management among provincial governments to ensure that the operation of the Economic Zone is consistent with bilateral or multilateral international treaties between Vietnam, Laos, and Cambodia.

2. Closely cooperate with the Ministry of National Defense and the Ministry of Public Security to effectively carry out security and defense work and projects related to the security and defense sector within the Economic Zone.

All land and water areas planned for investment and development of the Economic Zone are assigned once to the Management Board to allocate or lease to investors to implement investment projects in accordance with current laws.

4. Coordinate with relevant ministries, sectors, and agencies to organize research and develop mechanisms, policies, regulations on exit, entry, export, import, international cooperation, and other policies applicable within the Economic Zone to submit to the Prime Minister for decision.

Article 3. Tasks and powers of the Management Board in the construction and management of planning, investment, and construction

1. Develop and submit to the Prime Minister for decision:

a) Necessary preferential mechanisms and policies to be applied to the Economic Zone in line with actual development conditions during each period;

b) Plans for issuing project bonds, government bonds in accordance with the regulations on issuing government bonds to be submitted to the competent authority for decision; plans to mobilize other sources of capital to maximize resources and investment capital for important infrastructure projects and the development requirements of the Economic Zone;

c) Specific preferential and incentive policies in line with current laws on various fields: attracting, recruiting, and utilizing labor locally, vocational training, investment promotion, trade.

2. Direct and organize the implementation of tasks:

a) Organize the implementation of legal normative documents of the National Assembly, the Standing Committee of the National Assembly, the Government, the Prime Minister, and related agencies for each field within the Economic Zone;

b) Organize the preparation, review, and approval of detailed planning schemes for functional zones and investment projects within the Economic Zone in accordance with current laws, organize management and supervision of their implementation;

c) Inspect and supervise organizations and individuals, both domestic and foreign, engaged in production and business activities within the Economic Zone in accordance with the law;

d) Manage investment, construction, and bidding for projects funded from the state budget and other sources allocated by competent authorities, applying the same procedures as those for provincial people's committees in accordance with laws on investment, construction, and bidding;

đ) Approve framework prices, fees, and charges implemented within the Economic Zone;

e) Be authorized to invest in projects classified as Group B and C through BOT, BTO, BT contracts in accordance with laws on investment and construction; directly receive, manage, and utilize ODA funds in accordance with laws on managing and using ODA funds;

g) Organize the examination and approval of investment and construction projects and operating infrastructure in functional zones (approved by the Prime Minister for the overall planning and construction of the Economic Zone) by economic organizations, both domestic and foreign, as main investors not from state funds, state credit investment development funds, and state-guaranteed credit funds, consolidate reports to the Prime Minister and competent authorities as prescribed. for economic organizations both domestic and foreign acting as project sponsors not utilizing state funds, state development investment credit, or state-guaranteed credit, shall compile and report to the Prime Minister and relevant competent authorities as prescribed.

Article 4. Tasks and powers of the Management Board in providing public services and other supporting services

1. Organize the provision of public services based on the authorization of relevant ministries and agencies managing industries and sectors, in accordance with regulations on conditions, procedures, and formalities for granting, adjusting, extending, or revoking licenses, certificates, confirmations, and certifications as follows:

a) Register investments, examine, and issue, adjust, or revoke Investment Certificates for projects within the Economic Zone;

b) Business registration certificates for establishing economic organizations within the Economic Zone; permits for trading goods in accordance with the law;

c) Business establishment license, representative office, branch office permit for foreign economic organizations and traders, and foreign enterprises operating in the Economic Zone;

d) Planning certificate, construction permit for investment projects in construction within the Economic Zone;

đ) Work permit for foreigners and overseas Vietnamese coming to work or invest; labor book for workers working in the Economic Zone;

e) Issuing certificates of origin and other certificates within its authority; confirming the list and quantity of raw materials, supplies, spare parts, and semi-finished products imported annually to meet production requirements of investment projects of organizations and individuals in and outside the country in the Economic Zone.

2. Promoting, introducing, negotiating both domestically and internationally, serving as a liaison to resolve issues arising during the formation and implementation of investment projects, post-permit investment and business issues, including agreeing on infrastructure usage fees, service facilities, and public utilities within the Economic Zone.

Article 5. Duties and powers of the Management Board in managing, protecting natural resources and environment, budget, land

1. Reviewing and approving environmental impact assessment reports by the Ministry of Natural Resources and Environment's delegation, confirming the environmental standard registration form of investment projects in the Economic Zone.

2. Managing and inspecting the implementation of measures to protect natural resources and the environment; handling or recommending competent authorities to handle violations of natural resource and environmental protection regulations by organizations and individuals operating in the Economic Zone.

3. Managing state budget capital:

a) Managing investment capital from the state budget, managing and implementing administrative, public service expenditure, program objectives, and other sources of capital assigned by the State according to the law;

b) Organizing tax collection within the Economic Zone according to the division of authority, managing and using according to the law.

4. Managing and utilizing all land and water funds in the Economic Zone according to the approved plan and planning:

a) Coordinating with local authorities and relevant agencies to implement compensation and clearance of land and water areas that have been recovered by competent state authorities and transferred to the Management Board;

b) Deciding on land and water use fees, rent, based on project investment in the Economic Zone according to land prices and reduction policies set by the Kon Tum Provincial People's Committee for each case of land transfer or lease without public auction of land use rights or project auction involving land use;

c) Being able to organize public auction of land use rights for planned land funds in the Economic Zone to create investment capital for building economic zone infrastructure;

d) Implementing detailed planning and resettlement of urban and rural residents in the Economic Zone according to the approved planning tasks in Decision No. 225/QĐ-TTg dated February 8, 2007 of the Prime Minister.

Article 6. Duties and powers of the Management Board in managing organizational structure, staffing, finance, assets, and training

1. Managing organizational structure, staffing, implementing salary systems and incentive policies, rewards, and disciplinary measures for officials, civil servants, and employees; organizing professional training for officials, civil servants, and employees under the Economic Zone Management Board.

2. Deciding on recruitment, use, and management of officials and civil servants within the allocated staffing quota according to the law on standards, conditions, procedures, and management processes for officials and civil servants; deciding on regular pay increases from assistant specialist level downwards for officials and civil servants working at the Management Board.

3. Inspecting, auditing; preventing corruption, waste, and negativity; managing finances and assets assigned according to the law.

4. Inspecting recruitment and compliance with labor policies; organizing and managing human resource training for subordinate public institutions under the Management Board.

Article 7. Duties and powers of the Management Board in managing other fields

1. Cooperating with local authorities and relevant agencies in ensuring social security, fire prevention, firefighting, and all activities consistent with the organization and operation rules of the Economic Zone.

2. Organizing and coordinating with state management agencies in inspection, audit, complaint resolution, and administrative violation handling in various fields of activity in the Economic Zone.

3. The focal agency for science and technology planning; organizing and directing scientific research and technological advancement application plans for science and technology fields in the Economic Zone.

4. For fields not authorized or delegated management, the Management Board is responsible for coordinating with relevant state agencies to resolve difficulties and issues through the "one-stop" mechanism.

5. Evaluating investment effectiveness in the Economic Zone according to guidelines provided by functional ministries and agencies managing each investment field.

6. Participating in meetings of the development triangle among Vietnam, Laos, and Cambodia; simultaneously participating or assigning staff to attend meetings organized by the Kon Tum Provincial People's Committee on related fields.

7. Annually reporting interim results and every five years summarizing work progress to the Prime Minister and sending documents to relevant ministries, agencies, and the Kon Tum Provincial People's Committee regarding the implementation of planning, investment construction, and development of the Economic Zone.

8. Carrying out other tasks assigned by the Prime Minister during specific periods or as stipulated by law.

Article 8. Organizational structure and staffing of the Management Board

1. Leadership of the Management Board:

The Management Board has a Director and no more than three Deputy Directors appointed and relieved of duty according to the law.

2. Supporting machinery includes:

a) Administrative organizations:

- Management Board Office;

- Inspection;

- Organization, Training, and Cultural Affairs Department;

- Planning and Investment Department;

- Planning and Architecture Department;

- Finance and Enterprise Department;

- Department of Natural Resources and Environment;

- Department of Industry - Trade - Tourism;

- Border Gate International Joint Control Station Bo Y;

- Management Board's Representative Office in Hanoi City.

b) Public service organizations:

- Investment Project Appraisal Advisory Board;

- Investment and Trade Promotion Center;

- Investment Project Management Boards;

- Other public service units as prescribed by law.

c) Infrastructure Development Company of the International Border Economic Zone Bo Y.

Depending on the situation and development requirements of the Economic Zone at each specific stage, the Director of the Management Board shall decide on the organizational structure of the supporting staff of the Management Board.

3. The Director of the Management Board shall define the functions, tasks, powers, and organizational structure, and appoint or dismiss managerial positions within the supporting staff and subordinate units as stipulated in Clause 2 of this Article.

4. Staffing of the Management Board:

a) Administrative staffing of the Management Board shall be implemented in accordance with the provisions of the law;

b) Public service staffing of the Management Board shall be decided by the Director in accordance with the provisions of the law.

Article 9. Transitional Provisions

Mechanisms, policies, planning, and plans related to the development of the Economic Zone as prescribed in the Regulation on Organization and Operation of the International Border Economic Zone Bo Y issued together with Decision No. 217/2005/QĐ-TTg dated September 5, 2005 of the Prime Minister, Decision No. 225/QĐ-TTg dated February 8, 2007 of the Prime Minister approving the adjustment of the overall construction planning for the International Border Economic Zone Bo Y, and other relevant legal documents shall continue to be implemented.

Article 10. 2. This Circular takes effect 45 days from the date of signature, replacing Circular No. 163/2009/TT-BTC dated August 13, 2009 of the Ministry of Finance.

1. This Decision shall take effect 15 days from the date of publication in the Official Gazette. Previous regulations contrary to this Decision are abolished.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairman of the People's Committee of Kon Tum Province, Director of the Management Board of the International Border Economic Zone Bo Y, and related agencies, organizations, and individuals are responsible for implementing this Decision./.