Decision No. 396/QD-TTg transfers the management of the Dung Quat Economic Zone Management Board from the Prime Minister to the People's Committee of Quang Ngai Province.

Pursuant to …;

Transfer of management of the Dung Quat Economic Zone Management Board from the Government to the People's Committee of Quang Ngai Province

PRIME MINISTER

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

Pursuant to Resolution No. 08/2004/NQ-CP dated June 30, 2004 of the Government on continuing to promote decentralization of state management between the Government and provincial and municipal authorities directly under the Central Government;

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 and the Chairman of the People's Committee of Quang Ngai Province,

DECISION:

Article 1. Transfer of management authority and provisions regarding the position and functions of the Dung Quat Economic Zone Management Board

1. Transfer the Dung Quat Economic Zone Management Board from

2. The Dung Quat Economic Zone Management Board (hereinafter referred to as the Management Board) is a state management agency directly under the People's Committee of Quang Ngai Province; its function is to assist the People's Committee of Quang Ngai Province in centrally and uniformly managing investment and economic development activities in the Dung Quat Economic Zone.

3. The Management Board is the focal point for planning investment capital and administrative and public service budgets funded separately from the central budget and provided annually by the Quang Ngai Provincial Budget, starting from January 1, 2008; it is authorized to collect and disburse funds within the areas of investment development, administration, public services, target programs, and other fields as prescribed by law.

Article 2. Transitional Provisions

1. Investment and development mechanisms and policies related to the Dung Quat Economic Zone as stipulated in the Operational Regulations of the Dung Quat Economic Zone, Quang Ngai Province issued together with Decision No. 50/2005/QĐ-TTg dated March 11, 2005 of the Prime Minister (hereinafter referred to as the Regulations issued together with Decision No. 50/2005/QĐ-TTg); Decision No. 72/2005/QĐ-TTg dated April 5, 2005 of the Prime Minister on the establishment and definition of functions, tasks, powers, and organizational structure of the Dung Quat Economic Zone Management Board (hereinafter referred to as Decision No. 72/2005/QĐ-TTg) and other relevant legal documents shall continue to be applied and implemented.

2. The operation and organization of implementation of Project No. 1 Refinery, other projects and works in the Dung Quat Economic Zone that have been approved, agreed upon, permitted, or decided by competent state agencies shall continue to be carried out according to the provisions of the approval, agreement, permission, decision documents.

3. The provision regarding the Management Board being a focal point for investment planning and budget (a first-level budget unit) at Clause 3, Article 27 of the Regulations issued together with Decision No. 50/2005/QĐ-TTg and Clause 4, Article 1 of Decision No. 72/2005/QĐ-TTg shall remain effective until December 31, 2007.

Article 3. Abolition and amendment of relevant provisions

1. Abolish the provisions on the legal status and functions of the Management Board contrary to Clause 2, Article 1 of this Decision at Clause 2, Article 27 of the Regulations issued together with Decision No. 50/2005/QĐ-TTg, Clauses 1 and 2, Article 1 of Decision No. 72/2005/QĐ-TTg, and other relevant legal documents.

2. Amend the opening clauses of Clauses 1 and 2, Article 2 of Decision No. 72/2005/QĐ-TTg as follows: "to build and submit to the People's Committee of Quang Ngai Province for the People's Committee of Quang Ngai Province to submit..." and "to build and submit to the People's Committee of Quang Ngai Province for approval within its authority or to submit to the People's Committee of Quang Ngai Province for approval by central ministries and agencies...". "The Prime Minister decides..." and "to develop and submit for approval by the People's Committee of Quang Ngai Province within its authority, or to have the People's Committee of Quang Ngai Province submit for approval by central ministries and agencies...".

Article 4. Responsibilities of Ministries, sectors, People's Committee of Quang Ngai Province, and Management Board of Dung Quat Economic Zone

1. The Ministry of Home Affairs shall take the lead and coordinate with relevant ministries, sectors, People's Committee of Quang Ngai Province, and Management Board of Dung Quat Economic Zone to transfer the Management Board of Dung Quat Economic Zone from the Prime Minister's Office to the management of the People's Committee of Quang Ngai Province before April 30, 2007, ensuring that it does not affect the normal operations of the Management Board and Dung Quat Economic Zone. 2. The Management Board shall perform its tasks according to the delegation and authorization of ministries, ministerial-level agencies, governmental agencies, and the People's Committee of Quang Ngai Province as prescribed by law; it shall be subject to the direction and management of the organizational structure, staffing, programs, work plans, and operating funds by the People's Committee of Quang Ngai Province; at the same time, it shall be subject to the guidance on specialized and professional matters by ministries, ministerial-level agencies, and governmental agencies managing related industries and fields.

1. This Decision takes effect from April 10, 2007.

Article 5. Effectiveness and Responsibility for Implementation

2. Ministers, heads of ministerial-level agencies, heads of governmental agencies, Chairman of the People's Committee of Quang Ngai Province, and Director of the Management Board of Dung Quat Economic Zone are responsible for implementing this Decision.

- Management Board of Dung Quat Economic Zone;