Decision No. 273/2005/QD-TTg On Amending and Supplementing Certain Provisions of Decision No. 53/2001/QD-TTg dated April 19, 2001 of the Government on Policies for Border Economic Zones

DECISION OF THE PRIME MINISTER

Regarding amendments and supplements to certain articles of Decision No. 53/2001/QĐ-TTg

dated April 19, 2001 of the Prime Minister on policies for

Border Gate Economic Zones

PRIME MINISTER

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

WHEREAS, the Law on the State Budget dated December 16, 2002;

Considering the proposal of the Minister of Planning and Investment at Report No. 7938/BKH-QLKTTW dated December 9, 2004, opinions of relevant ministries and localities,

DECISION:

Article 1. Amending and supplementing certain articles of Decision No. 53/2001/QĐ-TTg dated April 19, 2001 of the Prime Minister on policies for Border Gate Economic Zones as follows:

Clause 2 of Article 1 is amended as follows:

"2. Permitting the establishment of bonded zones in Border Gate Economic Zones. A bonded zone is an area with a solid fence ensuring separation between activities within the bonded zone and other functional areas in the Border Gate Economic Zone and the domestic territory of Vietnam, equipped with a customs station for monitoring and inspecting goods entering and exiting. Within the bonded zone, there are business activities:

- Logistics services;

- Production and processing of goods;

- International trade;

- Product exhibitions.

The establishment of bonded zones shall be decided by the Chairman of the People's Committee of the province having the Border Gate Economic Zone."

Clause 1 of Article 2 is amended as follows:

"a) Investing in infrastructure construction in Border Gate Economic Zones to promote economic and social development, improve the living standards of residents, and ensure border security. The central budget will provide targeted support to the local budget for infrastructure construction.

b) The central budget will support investment in essential infrastructure projects for the operation of Border Gate Economic Zones (infrastructure construction projects in Border Gate Economic Zones and other projects outside the Border Gate Economic Zones but directly serving the Border Gate Economic Zones). Investment support for infrastructure will focus on Border Gate Economic Zones with potential for development, important positions in import and export, entry and exit, generating revenue for the budget, but with weak infrastructure systems.

c) The level of investment support from the central budget for Border Gate Economic Zones shall be based on specific investment projects, the degree of difficulty of the locality, and the capacity of the central budget annually.

d) The People's Committees of provinces having Border Gate Economic Zones shall determine the investment needs and the ability to balance resources at the local level based on detailed planning of the Border Gate Economic Zones to propose a list of infrastructure investment projects to be supported by the central budget. Specific investment projects shall be prepared by the provincial People's Committee and proposed for central budget support, with the Ministry of Planning and Investment coordinating with the Ministry of Finance to report to the Government for submission to the National Assembly for approval to supplement targeted funding for infrastructure investment within the state budget's balancing capacity.

e) The People's Committees of provinces may use land use fees to construct infrastructure and create capital for land clearance for development at the local level, prioritizing Border Gate Economic Zones."

Article 2. Implementation

1. The Ministry of Finance shall take the lead and coordinate with relevant ministries and agencies to issue Circulars guiding financial regulations applicable to Border Gate Economic Zones.

2. The Ministry of Planning and Investment shall take the lead and coordinate with relevant ministries and agencies to draft Regulations on common operations for Border Gate Economic Zones.

3. The Ministry of Finance shall take the lead and coordinate with the Ministry of Trade to supervise the organization and implementation of bonded zones.

Article 3. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

Article 4. The Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, and Chairmen of Provincial and Central City People's Committees are responsible for implementing this Decision./.