Decree No. 22/2021/NĐ-CP on Economic Zones - National Defense

DECREE

On Economic-Military Zones

Pursuant to the Law on Government Organization dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration Organization dated November 22, 2019;

Based on Decree No. 168/2018/NĐ-CP dated December 28, 2018 of the Government on defense work at central ministries and localities;

Pursuant to the Planning Law dated November 24, 2017;

Pursuant to the Law on Public Investment dated June 13, 2019;

Pursuant to the Investment Law dated June 17, 2020;

Pursuant to the Law on Construction dated June 18, 2014; the Law Amending and Supplementing Certain Provisions of the Law on Construction dated June 17, 2020;

At the proposal of the Minister of National Defense;

The Government promulgates this Decree on Economic-Military Zones.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the construction of Economic-Military Zones; the organization and management of activities of Economic-Military Units; investment, financial mechanisms, and policies for entities participating in the construction of Economic-Military Zones; the responsibilities of agencies and organizations in constructing and managing Economic-Military Zones.

Article 2. Applicability

1. Economic-Military Units and Military Enterprises directly implement tasks of building and managing Economic-Military Zones.

2. Agencies, organizations, enterprises, and individuals participating in the construction and management of Economic-Military Zones.

3. Agencies, organizations, enterprises, and individuals related to the construction and management of Economic-Military Zones.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. The planning component of Economic-Military Zones is part of the national master plan, the national marine space plan, and regional plans, assigned by the Government and the Prime Minister to the Ministry of National Defense to prepare and submit to the agency organizing the plan for integration into the national master plan, the national marine space plan, and regional plans.

2. The construction plan for Economic-Military Zones is a document prepared by the Ministry of National Defense to detail the planning component of Economic-Military Zones approved by the competent authority in the national master plan, the national marine space plan, and regional plans, serving as a basis for Economic-Military Units to implement their tasks in building Economic-Military Zones.

3. Investment projects within Economic-Military Zones are a collection of medium- and long-term capital proposals to carry out investment activities within Economic-Military Zones according to the approved construction plan for Economic-Military Zones over a specified period.

4. Establishing new Economic-Military Zones is a decision by the Minister of National Defense to establish new Economic-Military Zones consistent with the planning component of Economic-Military Zones in the national master plan, the national marine space plan, regional plans, and other relevant plans approved by the competent authority in accordance with the law on planning.

5. Completion of the construction of Economic-Military Zones is a decision by the Minister of National Defense upon completion of the construction objectives of Economic-Military Zones.

Article 4. Objectives of Building Economic-Military Zones

1. To strengthen national defense and security in strategic areas, borders, seas, and islands, forming a solid defensive posture to fulfill the mission of protecting the country.

2. Organizing the arrangement and resettlement of residents in border, sea, and island areas of significant importance for national defense and security within the regional defense system, forming clusters, villages, hamlets, and communes.

3. Developing socio-economic activities in conjunction with strengthening national defense and security in Economic-Military Zones to gradually improve the material and spiritual living standards of the people.

Article 5. Tasks of building the Economic-Zone Defense Area

1. To build a strong area in terms of national defense and security; stabilize economic and social development; construct a defensive posture in strategic areas as a solid foundation for the people and other forces to participate in economic and social development along land borders, seas, and island regions.

2. Coordinate with local party committees and governments to build essential infrastructure to ensure stable production for the people, guarantee social welfare; organize and arrange residential points, permanent farming, and settlement in border areas, islands, and distant offshore islands to achieve sustainable poverty reduction goals and stabilize national defense and security.

3. Develop agricultural, forestry, fishery, industrial promotion models, and support production development to create initial factors for commodity and service economic development; organize supply services for materials and product consumption (two-end services); transfer production technology to the people; organize effective land exploitation in border, island, remote, and extremely difficult areas with significant roles in national defense and security. Build economic bases in difficult sea and island areas to serve as a link between the mainland and islands; organize maritime service activities to support fishermen in producing at sea to enhance civilian activities in sea and island areas, affirming sovereignty, sovereign rights, and jurisdiction over the sea.

4. Propagate and mobilize the people to understand and implement well the Party's guidelines and policies, the State's laws; combat propaganda, distortion, and incitement tactics of hostile forces and illegal religious activities; bring radio, television, culture, and healthcare to the grassroots level; provide conditions for minority children to attend school; provide medical care for the people; train cadres for localities; restore, conserve, and develop traditional cultures of ethnic minorities in the area.

5. Coordinate with forces in the area to build a nationwide defense posture linked with a people's security posture; participate in search and rescue, disaster prevention, mitigation, and response, disease control, maintaining political stability, social order, and security in border, sea, and island areas of the country.

Chapter II

BUILDING THE ECONOMIC-ZONE DEFENSE AREA

Section 1

THE PLANNING COMPONENT OF ECONOMIC-MILITARY ZONES

Article 6. Responsibilities for establishing the planning component of the Economic-Zone Defense Area

1. The Ministry of National Defense shall take the lead and coordinate with relevant ministries, sectors, and provincial People's Committees to review and prepare the planning component of Economic-Military Zones as prescribed in Article 8 of this Decree, and submit it to the agency organizing the plan for integration into the national master plan, the national marine space plan, and regional plans.

2. Relevant ministries, sectors, and provincial People's Committees shall be responsible for coordinating with the Ministry of National Defense to establish and review the planning component of the Economic-Zone Defense Area.

3. The agency organizing the plan shall be responsible for integrating the planning component of Economic-Military Zones into the national master plan, the national marine space plan, and regional plans in accordance with the law on planning.

Article 7. Basis for establishing the planning component of the Economic-Zone - National Defense Area

1. The task of preparing the national master plan, the national marine space plan, and regional plans is assigned by the Government,

2. Plans regarding defense needs, the ability to combine defense with socio-economic activities and socio-economic activities with defense during peacetime, emergency defense situations, and war conditions.

3. Provincial planning, sectoral planning, and other related planning.

4. The previous planning of the Economic-Zone - National Defense Area.

Article 8. Procedure for establishing the planning component of the Economic-Zone - National Defense Area

The Ministry of National Defense organizes the establishment of the planning component according to the following procedure:

1. Select consulting units with legal personality and sufficient professional capacity to prepare the contents of the planning component of Economic-Military Zones as prescribed in Article 4 of Decree No. 37/2019/NĐ-CP dated May 7, 2019 of the Government detailing certain provisions of the Planning Law (hereinafter referred to as Decree No. 37/2019/NĐ-CP).

2. Military Regions, Military Services, and Military Corps shall unify with the provincial People's Committees on the scope and scale of each Economic-Military Zone to ensure consistency, effectiveness, and compatibility with the national master plan, regional plans, provincial plans, and other related plans.

3. Developing the planning component of the Economic-Zone - National Defense Area and sending it to relevant ministries, sectors, and provincial People's Committees for comments as stipulated in Article 29 of Decree No. 37/2019/ND-CP.

4. Compiling a summary report on the adoption and explanation of comments from relevant ministries, sectors, and provincial People's Committees and completing the planning component of the Economic-Zone - National Defense Area (if applicable).

5. Organizing the review of the planning component of the Economic-Zone - National Defense Area as stipulated in Article 10 of this Decree.

6. Complete the planning component of Economic-Military Zones according to the conclusions of the Review Board, and submit it to the agency organizing the plan for integration into the national master plan, the national marine space plan, and regional plans.

Article 9. Content of the planning component of the Economic-Zone - National Defense Area

1. Objectives for building and developing the Economic-Zone - National Defense Area.

2. Determining the number, scale, location, organizational structure of Economic-Zone - National Defense Areas along land borders, seas, and islands.

3. Analyze and evaluate the current status of economic and social development, national defense and security situations; forecast factors, conditions, resources, trends, and development scenarios; propose guiding viewpoints, goals, and priority orientations for development.

4. Analyzing and evaluating the current status of natural-social conditions, resources, and specific characteristics of each region and province, and assessing environmental impacts when establishing the planning component of the Economic-Zone - National Defense Area.

5. Directions for developing advantages of regions and provinces; plans for development, arrangement, selection, and distribution of development resources within the territory of regions and provinces with Economic-Zone - National Defense Areas.

6. Directions for constructing Economic-Zones with Defense, including: Identifying defensive areas, economic and social zones linked to national defense and security, agriculture, rural development, concentrated production regions; identifying centers and residential points within Economic-Zones with Defense.

7. Directions for developing infrastructure.

8. Directions for environmental protection, cultural-sports and tourism development, natural resource exploitation and protection, disaster prevention and response, and adaptation to climate change within the territory of regions and provinces.

9. List and order of implementation of priority projects.

10. Solutions and resources for implementing the planning component.

11. Presenting the plan of the planning component of the Economic-Zone - National Defense Area on a map at a scale of 1/1,000,000 and extracting a map at a scale of 1/500,000 for each Economic-Zone - National Defense Area.

Article 10. Review of the planning component of Economic-Zone - Defense Areas

1. The Minister of National Defense shall establish a Review Board for the planning component of Economic-Zones with Defense and organize the review of the planning component of Economic-Zones with Defense according to Articles 33 to 38 of Decree No. 37/2019/NĐ-CP.

2. Members of the Review Board for the planning component of Economic-Zone - Defense Areas include the chairman and members of the board, among which:

a) The Chairman of the Board is a leader from the Ministry of National Defense;

b) Members of the Board are leaders of agencies under the Ministry of National Defense, leaders of military regions, corps, and formations related to the matter;

c) Leaders of relevant ministries, sectors, and provincial People's Committees shall be invited to participate in the Board.

3. Documents for reviewing the planning component of Economic-Zone - Defense Areas include:

a) A proposal requesting the review of the planning component;

b) A detailed report on the planning component of Economic-Zones with Defense as stipulated in Article 9 of this Decree;

c) Specialized reports and accompanying appendices;

d) A system of maps including: Administrative maps; location and inter-regional relationship maps; current status and planning maps of major infrastructure systems, centers, and residential points in Economic-Zones with Defense; territorial organization maps of major economic and social activities in Economic-Zones with Defense; types of maps implemented according to the scale specified in Clause 11 of Article 9 of this Decree;

đ) A report on incorporating and explaining comments from relevant ministries, sectors, and provincial People's Committees;

e) Other related documents and materials.

4. Contents of the review of the planning component of Economic-Zone - Defense Areas:

a) Legal basis, scientific foundation, reliability of information, data, and figures used to develop the planning component of Economic-Zone - Defense Areas;

b) The compatibility of the main objectives, key indicators, resource allocation schemes in the planning component of Economic-Zones with Defense with the strategy for economic and social development; national defense and security objectives and tasks; the deployment pattern within the defensive area;

c) The consistency of the planning component of Economic-Zones with Defense with the overall national planning, marine space planning, regional planning, provincial planning, sectoral planning, and other related planning where Economic-Zones with Defense are located;

d) Implementation solutions for the planning component, feasibility, and management measures for implementing the planning component.

Article 11. Adjustment of the planning component of Economic-Zone - Defense Areas

1. The Ministry of National Defense shall take the lead and coordinate with relevant ministries, sectors, and provincial People's Committees to propose adjustments to the content of the planning component of Economic-Zone - Defense Areas when there are the following grounds:

a) There are adjustments to the content of national-level planning, regional planning, provincial planning, sectoral planning, and other related planning that change the objectives, scale, content, and organizational orientation of the planning component of Economic-Zones with Defense;

b) Due to requirements for defense and security tasks.

2. The process of proposing adjustments and submitting applications for adjusting the planning component of Economic-Zones with Defense shall be carried out as prescribed in Article 8, Clause 3 of Article 10 of this Decree. Based on the adjustment proposal from the Ministry of National Defense regarding the planning component of Economic-Zones with Defense, the competent agency responsible for planning shall consolidate and implement adjustments to the overall national planning, marine space planning, and regional planning in accordance with the law on planning.

3. For contents of adjustment that do not alter the objectives of the planning component of Economic-Zones with Defense, the Minister of National Defense shall decide when adjusting the construction plan for Economic-Zones with Defense.

Section 2

PLAN FOR CONSTRUCTING ECONOMIC-ZONES WITH DEFENSE

Article 12. Authority to Organize the Plan for Constructing Economic-Military Zones

1. The Ministry of National Defense shall direct military regions, military corps, and military groups to cooperate with provincial People's Committees to establish plans for constructing Economic-Military Zones.

2. Military regions, military corps, and military groups shall direct the Economic-Military Zone Task Force to select consulting organizations to prepare plans for constructing Economic-Military Zones under their management.

3. Consulting organizations must meet the conditions regarding capacity and experience appropriate to the tasks they undertake according to the provisions of the law.

Article 13. Tasks for Preparing Plans for Constructing Economic-Military Zones

1. Basis for establishing tasks:

a) Components of the planning for Economic-Military Zones at the national level, national marine space planning, regional planning approved by competent authorities;

b) Relevant legal normative documents;

c) Reports reviewing and evaluating the results of implementing the planning period before.

2. Main contents of the tasks for preparing plans for constructing Economic-Military Zones include:

a) Basis for preparing plans;

b) Requirements regarding the content and methods of preparing plans;

c) Costs for preparing plans;

d) Time limit for preparing plans;

e) Responsibilities of related agencies in preparing plans.

3. The Ministry of National Defense shall review and approve the tasks and budget estimates for preparing the plan to construct Economic-Zones with Defense. The membership of the review board for the preparation of the construction plan for Economic-Zones with Defense includes: The Chairman of the Board is a leader from the Ministry of National Defense; the Secretary of the Board is the agency responsible for managing labor production and economic construction tasks of the military; members of the Board are leaders of relevant agencies under the Ministry of National Defense.

4. The budget for preparing plans for constructing Economic-Military Zones shall be sourced from regular state budget expenditures.

Article 14. Procedure for Preparing Plans for Constructing Economic-Military Zones

Based on the tasks and budget estimates for preparing plans for constructing Economic-Military Zones that have been approved, military regions, military corps, and military groups shall direct the Economic-Military Zone Task Force to implement:

1. Select consulting units that meet the conditions stipulated in Clause 3 of Article 12 of this Decree; analyze, evaluate, and forecast development factors, conditions, resources, and context; assess the current status of economic and social development, national defense and security situations, and propose guiding viewpoints, goals, and priority development orientations.

2. Coordinate with all levels of People's Committees on the location and scale of each project to ensure consistency, effectiveness, and compliance with the overall planning of the locality.

3. Complete the plan for constructing Economic-Zones with Defense, submit it for comments from the People's Committee at the district and provincial levels as prescribed.

4. Incorporate and explain local opinions, complete the plan for constructing Economic-Military Zones, and report to the Ministry of National Defense for review.

5. Complete the plan for constructing Economic-Military Zones and report to military regions, military corps, and military groups for submission to the Minister of National Defense for approval.

Article 15. Requirements Regarding the Content of Plans for Constructing Economic-Military Zones

1. Consistent with the planning component of Economic-Zones with Defense in the overall national planning, marine space planning, and approved regional planning; consistent with local economic and social development situations and related planning; ensuring national defense and security along borders and in defensive areas.

2. For coastal and island Economic-Zones with Defense: In addition to meeting the requirements stipulated in Clause 1 of this Article, the content of the plan for constructing coastal and island Economic-Zones with Defense must be consistent with the Sustainable Development Strategy for Vietnam’s Marine Economy, marine space planning, and economic and social development, ensuring national defense and security at sea and on islands.

3. The plan for constructing Economic-Zones with Defense is determined based on the regional defense plan, population resettlement and stabilization plan, sustainable poverty reduction targets, improved health, cultural, and spiritual life of the people in Economic-Zones with Defense.

Article 16. Contents of the Plan for Building Economic-Zone - Defense Areas

1. Develop a plan for arranging and stabilizing the population.

2. Develop a land use plan.

3. Develop plans for public investment projects.

4. Evaluate the suitability of the development of Economic-Zone - Defense Areas with environmental protection work and develop environmental protection solutions.

5. Develop and utilize resources to implement the plan.

6. Develop special mass mobilization and propaganda work plans.

7. Develop other plans as prescribed by the Ministry of National Defense.

Article 17. Adjustment of the Plan for Building Economic-Zone - Defense Areas

1. Basis for adjusting the plan:

a) There is an adjustment in the planning component of the Economic-Zone - Defense Areas;

b) There is an adjustment in the national master plan, national marine space plan, regional plan, provincial plan, sectoral plan, and other related plans;

c) Due to requirements for defense and security tasks.

2. Procedure and process for adjusting the plan:

a) When there are bases as stipulated in Clause 1 of this Article, the Economic-Zone - Defense Area Team reports to the Military Region Command, Corps Command, or Service Command on the content of the adjustment to the plan for building Economic-Zone - Defense Areas;

b) The Military Region Command, Corps Command, or Service Command agrees with the People's Committee of the relevant province on the content of the adjustment to the plan for building Economic-Zone - Defense Areas;

c) The Military Region Commander, Corps Commander, or Service Commander reports to the Minister of National Defense to decide on the adjustment to the plan.

3. Documents for requesting adjustment to the plan include:

a) A proposal for adjusting the plan;

b) An integrated report explaining the adjusted plan;

c) Specialized plan reports and accompanying appendices.

Section 3

ESTABLISHING AND TERMINATING ECONOMIC-ZONES WITH DEFENSE

Article 18. Opening New Economic-Zone - Defense Areas

1. The Minister of National Defense decides to open new Economic-Zone - Defense Areas when there are the following bases:

a) The planning component of the Economic-Zone - Defense Areas is integrated into the national master plan, national marine space plan, and regional plan;

b) Urgency regarding defense and security tasks, socio-economic development;

c) Socio-economic conditions of the locality.

2. Conditions for opening new Economic-Zone - Defense Areas:

a) Written agreement by the Provincial People's Committee on opening new Economic-Zone - Defense Areas;

b) Within the medium-term public investment plan and the ability to ensure state budget funds.

3. Procedure for opening new Economic-Zone - Defense Areas:

a) Military Regions, Military Services, and Military Corps shall send documents along with the application for establishing new Economic-Zones with Defense as stipulated in Clause 4 of this Article to the Provincial People's Committee where the new zone is planned, requesting their opinion. Within 15 days of receiving the document from the Military Region, Military Service, or Military Corps, the Provincial People's Committee shall provide its opinion in writing on the necessity, suitability, scope, and scale of the proposed new Economic-Zones with Defense;

b) Prepare a report to submit to the Minister of National Defense on the opening of new Economic-Zone - Defense Areas.

4. Documents for proposing to open new Economic-Zone - Defense Areas include:

a) A proposal for opening new Economic-Zone - Defense Areas from the Military Region, Corps, or Service;

b) A document from the Provincial People's Committee;

c) Other relevant legal documents.

Article 19. Termination of Construction of Economic-Military Zones

1. The Minister of National Defense decides to terminate the construction of Economic-Military Zones when the construction objectives of the Economic-Military Zones have been completed.

2. The Ministry of National Defense directs military regions, military branches, and military corps to conduct summaries and evaluations of the results of implementing the construction objectives and tasks of the Economic-Military Zones.

3. Military Regions, Military Services, and Military Corps shall direct the Economic-Zones with Defense Teams to cooperate with relevant People's Committees at all levels to implement procedures for terminating the construction of Economic-Zones with Defense and transferring infrastructure facilities to local management.

Chapter III

ORGANIZATION AND MANAGEMENT

ACTIVITIES OF THE ECONOMIC-ZONES WITH DEFENSE TEAMS

Section 1

ESTABLISHING AND DISSOLVING THE ECONOMIC-ZONES WITH DEFENSE TEAMS

Article 20. Establishment of Economic-Military Zone Teams

1. The Minister of National Defense decides to establish Economic-Military Zone Teams to fulfill tasks and manage one or more Economic-Military Zones.

2. Conditions for establishing Economic-Military Zone Teams:

a) Decision to open new Economic-Military Zones;

b) Decision on location of deployment;

c) Decision on organizational structure and staffing of Economic-Military Zone Teams.

3. Procedures and formalities for establishing Economic-Military Zone Teams:

a) Military regions, military branches, and military corps prepare proposals to the Minister of National Defense regarding the establishment of Economic-Military Zone Teams;

b) The Minister of National Defense decides to establish Economic-Military Zone Teams with organizational structures suitable for assigned functions and tasks;

c) Based on the decision of the Minister of National Defense, military regions, military branches, and military corps coordinate with provincial People's Committees to unify the scale and location of deployment of Economic-Military Zone Teams.

Article 21. Organizational Structure of Economic-Military Zone Teams

1. Economic-Military Zone Teams are military units established by the Ministry of National Defense to achieve the goals and tasks of constructing Economic-Military Zones.

2. The Minister of National Defense shall decide on the organization, staffing, functions, and responsibilities of the Economic-Zones with Defense Teams, ensuring they are compatible with the organization and staffing of the Armed Forces.

Article 22. Functions and Tasks of Economic-Military Zone Teams

1. Functions:

a) The Economic-Zones with Defense Team is a military unit that concurrently performs combat, service, and production functions; combining national defense with economic and social activities and vice versa, in accordance with the law.

b) Participate in production labor, economic construction, infrastructure development, agricultural and forestry production, creating a foundation for people to stabilize their lives in particularly difficult areas, remote areas, border regions, islands, and maritime zones within strategic areas; engage in mass mobilization work, ensure social security, consolidate national defense and security positions; coordinate activities on islands and maritime zones within the assigned area; organize economic activities, population relocation, stable settlement, environmental protection, and be ready for combat when necessary;

c) Manage and command subordinate agencies and units and coordinate joint combat operations according to plans.

2. Tasks:

a) Fulfill combat readiness, training, and unit construction tasks;

b) Coordinate with the Provincial Military Command and the District Military Command to build and protect defensive zones;

c) Construct Economic-Military Zones according to decisions of the Prime Minister and the Minister of National Defense;

d) Fulfill tasks related to labor production and economic construction combined with military and national defense tasks in the Economic-Military Zone area;

đ) Carry out mass mobilization and special propaganda work, building strong political security and social order areas, consolidating the national defense and security posture;

e) Take the lead and coordinate with local authorities to implement agricultural, forestry, fishery, and industrial promotion activities; coordinate with local authorities within the stationed area to establish clusters of residential points along land borders, maritime, and island zones;

g) Organize inspections, receive citizens, resolve complaints and petitions, prevent corruption, practice thrift, combat waste, and handle violations of laws related to the management domain of the unit in accordance with the provisions of the law;

h) Implement investment construction, financial, asset, and allocated capital management according to the law and the Ministry of National Defense;

i) Manage and command subordinate agencies and units;

k) Implement ethnic and religious policies of the Party and State, coordinate with local authorities to improve the material and cultural life of ethnic minorities;

l) Build comprehensive strong units; be ready to fulfill other tasks assigned by competent authorities.

3. The Minister of National Defense specifies the specific functions and tasks of Economic-Military Zone Teams.

Article 23. Rules on the operation of the Economic-Military Unit

1. The Minister of National Defense shall issue rules on the operation and coordination with forces stationed in the area that are appropriate to the functions, tasks, and practical situation of the Economic-Military Unit.

2. The rules on the operation and coordination of the Economic-Military Unit shall include the following main contents:

a) Tasks of the Economic-Military Unit;

b) Working hours and working relationships;

c) Mechanism for coordinating work with forces stationed in the area.

Article 24. Reorganization and Dissolution of the Economic-Military Unit

1. The Minister of National Defense shall decide to reorganize the Economic-Military Unit when:

a) There is a change in organizational structure or personnel establishment;

b) There is a change in function or task.

2. The Minister of National Defense decides to dissolve the Economic-Military Unit when the objectives of building the Economic-Military Zone and the tasks of the Economic-Military Unit have been completed or due to the requirements of military and defense tasks. In cases where there are economic legal entities within the Economic-Military Unit, the dissolution process shall be carried out in accordance with relevant laws;

3. Procedures for reorganization and dissolution of the Economic-Military Unit:

a) Military regions, military branches, and military corps shall prepare proposals to the Minister of National Defense regarding the reorganization or dissolution of the Economic-Military Unit;

b) The Minister of National Defense shall decide on the reorganization or dissolution of the Economic-Military Unit.

4. Military Regions, Military Services, and Military Corps shall organize the implementation of the Minister of National Defense's decision; in cases of dissolution, the Economic-Military Unit shall organize the transfer to local authorities for management and utilization of all infrastructure projects, facilities that have been constructed within the Economic-Military Zone;

Section 2

MANAGEMENT OF THE ACTIVITIES OF ECONOMIC-MILITARY UNITS

Article 25. Implementation of Tasks Related to Labor Production and Economic Construction Combined with Military and Defense Tasks in the Economic-Military Zone

1. Directly organizing increased production to improve the living conditions of officers and soldiers at the unit.

2. Organizing the development of small-scale household economic models; in areas with suitable land conditions, organizing large-scale economic models to attract local residents to participate in work.

3. Participating in implementing projects and constructing works of the Economic-Military Unit and localities.

4. Economic-Military Units participate in production labor, economic construction, combining national defense with socio-economic development and socio-economic development with national defense; utilize resources and infrastructure to participate in production to create products contributing to improving the living standards of officers and soldiers, and building socio-economic conditions in the areas where they are stationed;

Article 26. Project Development in the Economic-Military Zone

1. The Economic-Military Unit is the main investor in public investment projects according to the plan for building the Economic-Military Zone approved by the Ministry of National Defense. The implementation of investment projects using capital from other investors shall comply with the laws on investment and construction and related laws; competent authorities shall be responsible for coordinating with the Economic-Military Unit before approving the investment policy and registering investment projects within the Economic-Military Zone;

2. The Economic-Military Unit, as the main investor, is responsible for establishing a project management board, formulating investment projects to submit for approval by the competent authority; directly manage and organize the implementation of projects within the Economic-Military Zone in accordance with relevant laws;

3. Requirements for investment projects for the development of the Economic-Military Zone:

a) Must be consistent with the approved plans for each Economic-Military Zone;

b) Shall not affect military and defense tasks and local development;

c) Based on the nature, content, capital sources, progress, and development goals of the Economic-Military Zone, the investor may implement one or more investment projects according to the medium-term and annual investment plans.

Article 27. Management of Investment Projects in Economic-Zone Defense Areas

1. The Economic-Military Unit directly manages infrastructure facilities invested with state budget funds within the Economic-Military Zone linked to its production activities. After the completion and commissioning of the project, the Economic-Military Unit shall prepare an annual budget for maintenance and repair of the facility, report to the competent authority for approval by the Minister of National Defense;

2. For infrastructure facilities invested with state budget funds within the Economic-Military Zone not linked to the production activities of the Economic-Military Unit, after the completion of the project, the following procedures shall be implemented:

a) The Economic-Defense Group shall organize the handover to local authorities for management and use;

b) The managing and utilizing entity shall be responsible for preparing the budget for maintenance and repair of the facility, reporting to the competent authority for decision-making; receiving, managing, and utilizing the facility in accordance with the laws on the management and utilization of state assets;

c) The People's Committee of the province where the Economic-Military Zone is located shall be responsible for ensuring funding for the maintenance, repair, and renovation of technical infrastructure and social infrastructure received from the Economic-Military Unit;

Article 28. Land Management in Economic-Zone Defense Areas

1. People's Committees at all levels shall be responsible for coordinating with the Economic-Defense Group to manage land in the Economic-Zone Defense Area in accordance with the laws on land.

2. When establishing the planning component of the Economic-Military Zone, Military Regions, Military Services, and Military Corps shall issue documents to unify with the People's Committee of the province regarding the allocation of defense land and leasing of land to achieve the goal of building the Economic-Military Zone;

3. Land in the Economic-Zone Defense Area shall be used as follows:

a) For land allocated to the Economic-Military Unit for socio-economic development: The Economic-Military Unit shall be responsible for coordinating with the People's Committees at various levels to accept, compensate, and clear land to implement the planning and construction plans of the Economic-Military Zone in accordance with the laws on land;

b) For land used for production and business operations: The Economic-Military Unit shall formulate production and business projects and request the provincial People's Committee to lease land to implement the project in accordance with the laws on land;

c) For land used for defense purposes: Based on the decision to establish the Economic-Military Unit, the location of the station, and approved plans and investment projects, the Economic-Military Unit shall proceed with the necessary procedures to request the provincial People's Committee to allocate land, issue land use rights certificates, and manage and use the land in accordance with the laws on land;

Article 29. Management of Population, Residency, Security, and Public Order in Economic-Zone Defense Areas

1. The Economic-Military Unit shall coordinate with the police agency to advise the district and provincial People's Committees to consider and decide on the arrangement and resettlement of residents within the Economic-Military Zone in accordance with the planning and construction plans of the Economic-Military Zone; prioritize the arrangement and stabilization of intra-provincial residents to ensure compatibility with the planning and construction plans of the Economic-Military Zone, linked to socio-economic development, national defense, and security. If necessary, and there is a need to accept residents from outside the province to reside within the Economic-Military Zone, the provincial and district People's Committees shall coordinate with the Economic-Military Unit to arrange and stabilize the resident population within the Economic-Military Zone.

2. The economic-military team has the responsibility to advise the local party committee, administrative authorities, and relevant agencies on building model villages, communes, and hamlets within the economic-military zone in accordance with legal regulations and local customs and traditions.

3. Local police agencies shall be responsible for managing the population, ensuring security and public order, and social safety in the Economic-Zone Defense Area in accordance with the law.

Article 30. Assistance to People in Organizing Production and Sustainable Poverty Reduction

1. The economic-military team organizes and guides the people within the economic-military zone to develop agricultural, forestry, and fishery production, and to develop household economies. For centralized production by the economic-military team, every effort should be made to attract local ethnic groups, particularly those indigenous to the area, to participate in work.

2. Forms of assistance to people in organizing production and sustainable poverty reduction include:

a) Construction of civil works, transportation, water conservancy, electricity, and clean water projects;

b) Coordinate with local administrative authorities to implement measures for agricultural extension, forestry extension, fishery extension, training, and two-way service provision to transfer technology and promote production development for the people in the project area;

c) Advising local authorities on implementing national target programs, projects to achieve the goal of stabilizing living conditions and sustainable poverty reduction for the people;

d) Bringing culture and healthcare to villages to improve the cultural and spiritual life and health of the people and to implement social welfare;

đ) Accepting people from other places to settle down according to the plan of the Government or localities;

e) Other forms of production.

3. Ensuring residential land and production land, supporting the people:

a) The economic-military team coordinates with local administrative authorities to review residential land and cultivated land within the economic-military zone to arrange sufficient residential and production land for the people in compliance with legal provisions on land management;

b) Creating conditions to help ethnic groups clear land to have enough production land and develop household economies;

c) Coordinating with local authorities, village elders, and headmen to mobilize the people to be confident in production, to settle down permanently on the assigned land;

d) Providing subsidies and support to the people to overcome difficulties during the production process.

4. Protecting and developing forests in the economic-military zone:

a) The economic-military team is responsible for participating in forest protection and development, preventing forest fires in the locality; organizing the implementation of forest protection and development projects; combining forest protection and development with settlement programs, environmental protection;

b) The economic-military unit shall coordinate with local forestry agencies to build projects, develop plans for forest protection and development, and allocate forest land to the people for production organization.

Article 31. Mass Mobilization Work in the Economic-Military Zone

1. Coordinate with public security agencies and forces stationed in the area to advise the local party committee and administrative authorities on propaganda and mobilization to raise the people's awareness of the plots and tactics of hostile forces; resolutely struggle against hostile forces opposing the Party, government, breaking the great unity of the people, causing political insecurity, social order, and safety issues.

2. Propagate and mobilize the people to recognize the leadership role of the Party, State, and local party committees and administrative authorities at all levels in building the economic-military zone, improving material and cultural-social living standards for the people; consolidate and strengthen the people's trust in the Party and the regime, build the whole-people national defense posture, the people's security posture, and the people's heart posture.

3. Assist the local party committee and administrative authorities in enhancing leadership capacity, management methods, and mobilizing the people to implement the Party's policies and the State's laws;

4. Building and utilizing information dissemination systems, regularly updating news to the people.

5. Coordinate with local administrative authorities to build cultural and educational institutions, prioritizing literacy eradication, preventing re-illiteracy, universal education, and helping village cadres improve their administrative management and socio-economic development skills.

6. Assisting local authorities in building medical facilities and implementing military-civilian medical cooperation programs.

7. Helping the people develop the economy and improve their material and spiritual lives.

8. Regularly maintain close contact, closely link, and thoroughly understand local customs and traditions, internal situations, and the aspirations of the people. Organize classes to teach ethnic languages to economic-military team officers and soldiers to carry out mass mobilization work.

Chapter IV

INVESTMENT MECHANISMS, FINANCIAL POLICIES, AND POLICIES FOR PARTICIPANTS IN THE ECONOMIC-MILITARY ZONE CONSTRUCTION

PARTICIPANTS IN THE ECONOMIC-MILITARY ZONE CONSTRUCTION

Article 32. Investment mechanisms in the Economic-Military Zone

1. Based on the plan for constructing the Economic-Military Zone, the Ministry of National Defense shall prepare the medium-term and annual state investment plans in accordance with the legal provisions on state investment for the Economic-Military Zone, to be submitted to the Ministry of Planning and Investment for consolidation and reporting to the competent authority as prescribed.

2. Ministries, sectors, and localities assigned by the Government to manage and direct programs and projects shall coordinate with the Ministry of National Defense to prepare plans to integrate these programs and projects for implementation within the Economic-Military Zone.

3. The economic-military team, in collaboration with local administrative authorities, shall determine the list of investment projects and integrated projects within the Economic-Military Zone according to the State's and the Ministry of National Defense's regulations.

Article 33. Sources of Capital for Building Economic-Military Zones

1. State budget capital:

a) Public investment capital as stipulated by the Law on Public Investment, including: Capital for Economic-Military Zones; capital integrated from national target programs, programs, and projects within the area;

b) The Ministry of National Defense is responsible for allocating defense funds to match and integrate with local funds to implement necessary and urgent projects and works that connect economic and social development with national defense and security;

c) People's Committees of provinces with Economic-Military Zones are responsible for allocating local budget funds to integrate and match with defense funds to implement necessary and urgent projects and works that connect economic and social development with provincial national defense and security.

2. Capital raised from enterprises, organizations, and individuals of all economic components participating in projects or works in Economic-Military Zones in accordance with the law.

3. Other sources of capital.

Article 34. Plan for Utilizing Investment Capital for Building Economic-Military Zones

1. The use of capital for the medium-term and annual state investment plans to implement the goal of constructing the Economic-Military Zone must comply with legal provisions on state investment.

2. The allocation and use of capital for national target programs, programs, and projects must be appropriate to the objects and scope of adjustment of each program and project according to legal provisions on investment and state budget.

3. The Ministry of National Defense shall prepare capital demand plans for each phase, coordinating with ministries and agencies managing national target programs, programs, and projects, and the People's Committees of related provinces to allocate capital for implementing the construction of the Economic-Military Zone.

4. The State encourages localities, organizations, and individuals to participate in investment for production and business development, infrastructure construction, and social infrastructure in Economic-Military Zones in line with the Economic-Military Zone construction plan.

Article 35. System and Policies in Economic-Military Zones

The Ministry of National Defense shall take the lead and coordinate with ministries, sectors, and localities to establish systems and policies for forces performing tasks in Economic-Military Zones as follows:

1. For personnel under the establishment of the economic-military team who are supported with residential land to stabilize their lives and focus on working in the Economic-Military Zone area, they are guaranteed preferential benefits and policies according to State and Military regulations.

2. Young intellectuals voluntarily participating in the construction of Economic-Military Zones shall enjoy preferential benefits as prescribed by relevant laws.

3. Workers and employees working in the Economic-Military Zone in remote, border, and island areas are supported by the State to pay health insurance premiums and other preferential policies as stipulated by law.

Article 36. Financial Support in Economic-Zone Defense Areas

1. The economic-military team is supported with funding for purchasing and repairing medical equipment, educational equipment, transportation means, communication equipment, fuel, and other materials and equipment; support for funding to implement social policy work, propaganda, mobilization of the masses, settlement, sustainable poverty reduction, vocational training for the people in the Economic-Military Zone.

2. National defense security enterprises assigned the task of building economic-zone defense areas shall be supported with social insurance, health insurance, unemployment insurance for workers.

3. Households residing legally within the Economic-Zone Defense area shall enjoy provisions on support for borrowing, poverty reduction assistance, housing support, essential living facilities, and health insurance according to the laws.

4. Young intellectuals volunteering and military personnel completing their compulsory military service to work in economic-zone defense areas shall enjoy benefits and preferential policies according to the law.

Chapter V

RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS

GASOLINE BUILDING THE ECONOMIC-ZONE DEFENSE AREA

Article 37. State Management Responsibilities for Economic-Zone Defense Areas

1. The Government shall uniformly manage state affairs concerning economic-zone defense areas.

2. The Ministry of National Defense shall be responsible before the Government for the unified state management of the Economic-Zone Defense area. Ministries and ministerial-level agencies within their respective tasks and authorities shall have the responsibility to coordinate with the Ministry of National Defense to assist the Government in managing the state affairs of the Economic-Zone Defense area.

3. Provincial People's Committees with economic-zone defense areas shall have the responsibility to coordinate with the Ministry of National Defense in managing economic-zone defense areas.

Article 38. Contents of State Management over Economic-Zone Defense Areas

1. Issue legal normative documents regarding the Economic-Zone Defense area; systems, policies, state management mechanisms, implementation organization, inspection, and supervision of planning, plans, and compliance with laws concerning activities within the Economic-Zone Defense area.

2. Organizing management, training, enhancing capabilities, and qualifications for military personnel, national defense workers, and civilians in economic-zone defense areas.

3. Managing investment and construction, finance, accounting; utilizing resources effectively in economic-zone defense areas.

4. Managing land use plans in economic-zone defense areas.

5. Compiling, statistics, and reporting periodically or urgently to competent authorities about the activities of the economic-defense teams.

6. Inspecting, auditing, rewarding, handling complaints, accusations, and dealing with violations of law in the construction and management of economic-zone defense areas.

Article 39. Responsibilities of the Ministry of National Defense

1. Take the lead in constructing the planning component of the Economic-Zone Defense area, report to the competent authority for review and integration into the national overall plan, the national marine space plan, and regional planning as prescribed by the law on planning.

2. Implementing the planning component of economic-zone defense areas.

3. Organizing the preparation, reviewing, approving plans and projects for constructing economic-zone defense areas.

4. Issue directives and guidance documents for military regions, military branches, and military corps to implement tasks related to building the Economic-Zone Defense area; organize inspections, investigations, resolution of complaints and denunciations, and handling of violations of laws concerning planning and construction plans for the Economic-Zone Defense area; manage, train, and enhance the capabilities and qualifications of defense officials, workers, and civilians within the Economic-Zone Defense area.

5. Managing investment projects and capital; using investment resources effectively in economic-zone defense areas.

6. Coordinate with the Ministry of Finance, the Ministry of Planning and Investment, and relevant ministries and sectors to develop financial support systems and policies for the Economic-Military Zones, forces directly participating in the construction of the Economic-Zone Defense area.

7. Directing military regions, military branches, and military corps to guide economic-defense teams to implement construction goals and tasks in economic-zone defense areas according to approved plans and programs.

8. Directing economic-defense teams to perform the following tasks:

a) Cooperating with People's Committees at all levels with economic-zone defense areas to implement investment and construction plans in economic-zone defense areas;

b) Cooperating with local party committees, governments, and forces to effectively carry out mass mobilization work, consolidate national defense and security, and build a solid defensive area;

c) Establishing coordination regulations with local governments and forces on the territory according to Clause 2, Article 23 of this Decree.

Article 40. Responsibilities of Ministries and Ministerial-Level Agencies

1. The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of National Defense to develop medium-term and annual plans to ensure sufficient capital for implementing national target programs, projects, and construction plans for the Economic-Zone Defense area as prescribed by the law on public investment.

2. The Ministry of Finance shall take the lead and coordinate with the Ministry of National Defense and relevant ministries and sectors to establish and guide financial support systems and policies, preferential regimes, management, and utilization of financial support funds as stipulated in Articles 35 and 36 of this Decree in accordance with the law on state budget.

3. The Ministry of Agriculture and Rural Development shall take the lead and coordinate with the Ministry of National Defense, the Ministry of Foreign Affairs, and People's Committees of provinces concerned to implement population planning, develop policies to support relocation and stabilize border populations along land, sea, and island borders; coordinate with the Ministry of National Defense and People's Committees of provinces concerned to allocate resources from national target programs, projects within the Economic-Zone Defense area.

4. The Ministry of Natural Resources and Environment shall take the lead and coordinate with the Ministry of National Defense and provincial People's Committees concerned to submit to the competent authority for decision or approval on land use plans to implement planning components and construction plans for the Economic-Zone Defense area.

5. The Ministry of Labor, Invalids and Social Affairs shall coordinate with the Ministry of National Defense and relevant agencies to develop systems and policies for forces participating in the construction of the Economic-Zone Defense area; coordinate with the Ministry of National Defense and People's Committees of provinces concerned to allocate resources from national target programs, projects within the Economic-Zone Defense area.

6. The Ministry of Public Security shall take the lead and advise local party committees and governments on managing the population, ensuring and maintaining political security and social order and safety within the Economic-Military Zone.

7. The Ministry of Health shall take the lead and coordinate with the Ministry of National Defense and People's Committees of relevant provinces to effectively implement the Military-Civilian Medical Cooperation Program within the Economic-Military Zone.

8. The Committee for Ethnic Minorities shall take the lead and coordinate with the Ministry of National Defense and relevant ministries and sectors to develop programs, projects, and policies for ethnic minorities within the Economic-Zone Defense area; coordinate with the Ministry of National Defense and People's Committees of provinces concerned to allocate resources from national target programs, projects within the Economic-Zone Defense area.

9. The Central Committee of the Communist Youth Union Ho Chi Minh shall coordinate with the Ministry of National Defense to develop systems and policies to implement projects enhancing young intellectuals' voluntary work at the Economic-Zone Defense area.

10. Ministries and ministerial-level agencies within their respective tasks and authorities shall have the responsibility to coordinate with the Ministry of National Defense and People's Committees of provinces concerned to implement the integration of programs, projects, and initiatives within the Economic-Zone Defense area.

Article 41. Responsibilities of Provincial People's Committees and Municipal People's Committees under Central Government

1. Participate in the process of establishing and reviewing components of planning, plans, and investment projects within the Economic-Zone Defense area in accordance with socio-economic development planning, land use planning, and other local planning.

2. Take the lead and coordinate with Economic-Military Zone Management Boards to manage, arrange, and stabilize the population within the Economic-Military Zone; maintain political security and social order and safety in the area.

3. Coordinate with military regions, military branches, military corps, and economic-military zones in the allocation and integration of national target programs, projects within the area to effectively achieve set goals.

4. Participate in the implementation process of investment projects, supervise infrastructure construction; receive, manage, and utilize effectively infrastructure facilities linked to daily life, education, healthcare, production, and processing for the people.

Chapter VI

IMPLEMENTING PROVISIONS

Article 42. Effective Date

1. This Decree takes effect from the date of January 2021.

2. Decree No. 44/2009/NĐ-CP dated May 7, 2009 of the Government on the construction of the Economic-Zone Defense area; Clause 1, Article 8 of Decree No. 164/2018/NĐ-CP dated December 21, 2018 of the Government on combining national defense with socio-economic development and socio-economic development with national defense; Decision No. 83/2010/QĐ-TTg dated December 15, 2010 of the Prime Minister on issuing financial mechanisms and policies for the Economic-Zone Defense area; Circular Joint No. 246/2010/TTLT-BQP-BKH dated December 23, 2010 of the Ministry of National Defense and the Ministry of Planning and Investment guiding the implementation of certain provisions of Decree No. 44/2009/NĐ-CP dated May 7, 2009 of the Government on the construction of the Economic-Zone Defense area; Decision No. 133/2004/QĐ-BQP dated September 21, 2004 of the Minister of National Defense promulgating the Operation Regulations of the Economic-Military Zone shall cease to be effective from the date this Decree takes effect.

Article 43. Responsibility for Implementation

The Minister, Heads of Ministries, Heads of Government Agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree.