Decision No. 32/2013/QĐ-TTg On certain mechanisms and preferential policies for Con Dao Island, Binh Duong-Vung Tau Province

Pursuant to …;

On certain mechanisms and preferential policies

for Con Dao District, Ba Ria-Vung Tau Province

_____________

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

Based on the Investment Law dated November 29, 2005;

Pursuant to the proposal of the Minister of Planning and Investment and the Chairman of the People's Committee of Ba Ria-Vung Tau Province;

The Prime Minister promulgates this Decision on certain mechanisms and preferential policies for Con Dao District, Ba Ria-Vung Tau Province.

Article 1. Scope of Regulation and Applicability

This Decision stipulates certain mechanisms and preferential policies to encourage organizations and individuals, both domestic and foreign, to invest and operate in Con Dao District, Ba Ria-Vung Tau Province.

Article 2. Rights and obligations of organizations and individuals investing and operating in Con Dao

1. Investors conducting investment and business activities in Con Dao have the following rights:

a) To independently conduct investment and business activities in accordance with the laws on investment, except for those prohibited by law;

b) To access and utilize credit sources, land, and natural resources in accordance with the law;

c) To hire domestic and foreign labor for management, technical, and specialist positions based on production and business needs as prescribed by law and international commitments to which Vietnam is a party; to determine wages and minimum wage levels for workers in accordance with the law on labor; to establish trade unions within enterprises in accordance with the law;

d) To access land plots approved by competent authorities and announced through planning, to mortgage land use rights and assets attached to land at credit institutions licensed to operate in Vietnam to borrow funds for investment projects in accordance with the law on land and related laws;

đ) To enjoy investment incentives as prescribed in this Decision and other relevant laws;

e) To exercise other rights as prescribed by law.

2. Investors conducting investment and business activities in Con Dao have the following obligations:

a) To invest and conduct business in Con Dao in accordance with approved plans and laws; to use land for its intended purpose and efficiently;

b) To pay land use fees, land rental fees, sub-rental fees, factory and warehouse rental fees, service and public utility fees in Con Dao, and to fulfill all other financial obligations as prescribed by law;

c) To comply with laws on accounting, auditing, insurance, labor, customs, environmental protection, and other obligations as prescribed by law.

Article 3. Methods of raising capital for developing Con Dao

1. Annually, based on the provisions of the state budget law, the law on investment, the state budget's balancing capacity, important infrastructure construction projects approved by competent state agencies, and the project implementation progress, the Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Finance and relevant agencies to allocate funds from targeted support from the central government budget to Ba Ria-Vung Tau Province or through ministries and sectors to implement important infrastructure construction projects in Con Dao. Priority will be given to allocating central government funds, including official development assistance (ODA) funds, Government bonds, the Eastern Sea - Islands Program, and concessional loans for important projects in transportation infrastructure, water supply and drainage, power supply, and waste treatment.

2. Priority will be given to using ODA and concessional loan funds to build essential infrastructure and public utility works in Con Dao and provide technical assistance.

3. Attracting investment capital through Build-Operate-Transfer (BOT), Build-Transfer-Operate (BTO), Public-Private Partnership (PPP), and other forms as prescribed by law.

4. Utilizing the land development fund in accordance with the law on land for the purpose of developing infrastructure serving Con Dao.

5. Mobilizing direct investment capital from domestic organizations and individuals, advance capital from entities requiring infrastructure use, and capital from construction and infrastructure operation businesses.

6. Expanding joint financing methods of credit institutions and mobilizing all types of capital under various forms as prescribed by law.

Article 4. Encouragement and Investment Incentives

1. State policy on investment encouragement and incentives:

a) Domestic and foreign organizations and individuals have the right to choose to implement investment projects in Con Dao (except for projects listed in the prohibited investment fields according to the law on investment).

b) Investors with direct foreign investment projects and domestic investment projects in Con Dao shall be promptly processed for investment and business procedures by competent state agencies and supported during their production and business operations according to the laws on investment, enterprises, and related laws.

c) Encourage domestic and foreign investors to invest in infrastructure construction in Con Dao.

d) All investment projects in Con Dao shall enjoy investment incentives applicable to areas with particularly difficult socio-economic conditions according to the law.

đ) Organizations and individuals who successfully mobilize official development assistance funds, direct foreign investment projects, and domestic investment projects shall be considered for rewards according to the law on commendation and reward.

2. Tax incentives for corporate income tax

Projects of domestic and foreign organizations and individuals investing in Con Dao shall enjoy corporate income tax incentives applicable to projects in areas with particularly difficult socio-economic conditions according to the corporate income tax law.

3. Tax incentives for export and import duties

Projects of domestic and foreign organizations and individuals investing in Con Dao shall enjoy import duty incentives applicable to projects in areas with particularly difficult socio-economic conditions according to the laws on export and import duties.

4. Incentives for exemption and reduction of land use fees and land rental fees

Investment projects in Con Dao shall enjoy incentives for exemption and reduction of land use fees and land rental fees at levels applicable to projects in areas with particularly difficult socio-economic conditions according to the laws on land use fees, land rental fees, and water surface rental fees.

5. Other incentives and investment encouragement policies

a) Establishing tax-free shops in Con Dao to sell tax-free goods to foreign tourists and Vietnamese citizens holding foreign passports each time they visit Con Dao, with a value not exceeding 500,000 VND/person/day.

The Ministry of Finance and the Ministry of Industry and Trade shall guide the People's Committee of Ba Ria-Vung Tau Province in establishing and managing tax-free shops as stipulated herein.

b) The Ministry of Culture, Sports and Tourism shall cooperate with the People's Committee of Ba Ria-Vung Tau Province and relevant agencies to propose mechanisms and policies to support and encourage tourism promotion and publicity work, high-quality tourism training for Con Dao, and report thereon. Prime Minister;

c) The Ministry of Industry and Trade and the Vietnam Electricity Corporation shall study plans to support power investment, manage power systems, ensure production, business, and living needs for Con Dao, and report thereon. The Prime Minister.

Article 5. Land Use and Construction Investment in Con Dao

1. The area of land and water surfaces for investment and construction and development in Con Dao has been determined in the General Planning for Construction and Land Use Planning for Con Dao approved by the competent authority. The People's Committee of Ba Ria-Vung Tau Province shall publicly announce the approved land use planning and general construction planning for Con Dao and organize investment solicitation according to the planning.

2. Domestic and foreign investors must submit applications to the competent authorities according to the laws on investment and construction before implementing architectural works, technical infrastructure works, and public service and convenience works according to investment projects in Con Dao.

3. The management of construction works serving production and business, technical infrastructure works in functional zones, and public service and convenience works in Con Dao shall be carried out according to the laws on construction.

Article 6. Exit, Entry, Residency, Labor, and Healthcare Regime

1. Exit, Entry, Stay, Temporary Stay at Con Dao

a) Foreigners and overseas Vietnamese residing abroad who work, invest, conduct business, or travel to Con Dao and their family members shall be granted exit and entry visas and allowed to temporarily reside or permanently reside in Con Dao in accordance with the laws on exit and entry and the laws on residency;

b) The People's Committee of Ba Ria-Vung Tau Province shall coordinate with the Ministry of Transport and relevant ministries and sectors to submit to the Prime Minister for consideration the necessity of upgrading Con Dao Airport Gatepost to an international airport gatepost of Con Dao; and Con Dao Port to an international seaport gatepost of Con Dao.

2. Preferential Treatment for Cadres, Civil Servants, Public Officials, and Armed Forces Personnel Working in Con Dao:

a) The People's Committee of Ba Ria-Vung Tau Province shall direct the establishment of a cadre and civil servant workforce that meets the requirements for building and developing Con Dao;

b) Increase the regional allowance for Con Dao District to level 0.7;

c) The People's Committee of Ba Ria-Vung Tau Province shall study increasing the current hardship allowance and attraction allowance of the province; expand preferential treatment policies of the Province for cadres and civil servants working in Con Dao in accordance with the law.

3. Health Support Policy for Based on actual circumstances

The Ministry of Health shall prioritize investment in the healthcare network of Con Dao, entrusting a central-level hospital with the responsibility of supporting Con Dao Hospital, providing medical equipment, rotating doctors directly treating patients, and supporting the medical staff at Con Dao.

Article 7. Financial Regime

1. Organizations and individuals conducting business in Con Dao shall implement financial regimes in accordance with Vietnamese law.

2. Transactions such as purchase and sale, payment, transfer, and other business dealings between organizations and individuals conducting business in Con Dao shall be conducted in Vietnamese Dong and freely convertible foreign currencies in accordance with the regulations of the State Bank of Vietnam.

3. Credit institutions established and operating in accordance with the laws on credit institutions; foreign credit institutions may open branches, representative offices, savings funds, transaction points, and liaison offices in Con Dao to provide banking services and operations in Con Dao in accordance with the law; foreign banks and finance companies may establish banks and finance companies in Con Dao.

Article 8. Implementation organization

Relevant ministries and agencies shall, within their functions, duties, and authorities, be responsible for providing detailed guidance and coordinating with the People's Committee of Ba Ria-Vung Tau Province to implement the mechanisms and policies stipulated in this Decision.

Article 9. Implementation Provisions

1. This Decision shall take effect from July 15, 2013.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, and the Chairman of the People's Committee of Ba Ria-Vung Tau Province are responsible for implementing this Decision./.