Decision No. 42/2007/QĐ-TTg Establishes and defines the functions, tasks, powers, and organizational structure of the Investment and Development Management Board of Phú Quốc Island, Kiên Giang Province.

   

Pursuant to …;

Establishment and definition of functions, tasks, powers, and organizational structure of the Investment and Development Management Board of Phu Quoc Island, Kien Giang Province

and the organizational structure of the Investment and Development Management Board of

Phu Quoc Island, Kiengiang Province

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PRIME MINISTER

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

Based on the Law on Organization of People's Councils and People's Committees 2003;

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;

Pursuant to Decision No. 178/2004/QD-TTg dated October 5, 2004 of the Prime Minister approving the "Comprehensive Development Plan for Phu Quoc Island, Kien Giang Province until 2010 and Vision until 2020";

Pursuant to Decision No. 38/2006/QD-TTg dated February 14, 2006 of the Prime Minister on the issuance of the Regulations on organization and operation of Phu Quoc Island and Nam An Thoi Archipelago, Kien Giang Province;

Considering the proposal of the Chairman of the People's Committee of Kien Giang Province and the Minister of Home Affairs,

DECISION:

Article 1. Establishment and definition of functions of the Investment and Development Management Board of Phu Quoc Island

1. Establish the Investment and Development Management Board of Phu Quoc Island (hereinafter referred to as the Management Board). The Management Board is a state management agency under the People's Committee of Kien Giang Province (hereinafter referred to as the Provincial People's Committee).

2. The Management Board has the function of centrally and uniformly organizing and managing investment and economic development activities on Phu Quoc Island as prescribed in:

a) Decision No. 178/2004/QD-TTg dated October 5, 2004 of the Prime Minister approving the "Comprehensive Development Plan for Phu Quoc Island, Kien Giang Province until 2010 and Vision until 2020";

b) Decision No. 1197/QD-TTg dated November 9, 2005 of the Prime Minister approving the General Planning for Construction of Phu Quoc Island, Kien Giang Province until 2020;

c) Decision No. 38/2006/QD-TTg dated February 14, 2006 of the Prime Minister on the issuance of the Regulations on organization and operation of Phu Quoc Island and Nam An Thoi Archipelago, Kien Giang Province;

d) Other relevant legal documents.

3. The Management Board has legal personality, has a seal with the National Emblem, its office is located on Phu Quoc Island, it can open accounts at the State Treasury and banks; it has staffing and operating funds from the state budget according to annual plans.

4. The Management Board is the focal point for planning and budgeting for separate allocation of development investment capital from the central government budget; it is allocated development investment capital from the Kien Giang provincial budget according to annual plans; it decides on revenue and expenditure within the scope of investment development, administrative, public service, target programs, and other areas as prescribed by law.

Article 2. Tasks and powers of the Management Board in planning, formulating policies, and developing mechanisms for Phu Quoc Island

1. Draft, submit to the Provincial People's Committee for submission to the Prime Minister for decision within his authority:

a) Long-term and annual development plans for Phu Quoc Island;

b) Necessary preferential mechanisms and policies applicable to Phu Quoc Island that are suitable for actual development conditions during each period;

c) Schemes for issuing construction bonds and government bonds in accordance with regulations on issuing government bonds; schemes for mobilizing other sources of capital to maximize resources and investment capital for important infrastructure projects and development needs of Phu Quoc Island.

2. Take the lead, coordinate with specialized agencies under the Provincial People's Committee to draft and submit to the Provincial People's Committee, Provincial People's Council, or competent state agencies for decision:

a) Approval of detailed zoning plans consistent with the general plan already approved by the Prime Minister and detailed land use plans on Phu Quoc Island, to be submitted to the Provincial People's Committee for approval; organize management, inspection, and supervision of the implementation of these plans after approval;

b) Framework prices and fees applicable on Phu Quoc Island;

c) Lists of investment projects and annual development investment budgets on Phu Quoc Island for the Provincial People's Committee to report to the Ministry of Finance and the Ministry of Planning and Investment for consolidation and submission to the Prime Minister;

d) Annual budget estimates and operating expenses of the Management Board, to be submitted to the Provincial People's Committee for submission to the Kien Giang Provincial People's Council for decision in accordance with the Law on State Budget;

đ) Specific preferential and incentive policies in line with current regulations in the fields of labor attraction, recruitment, and utilization; vocational training; investment promotion and trade; compensation and land clearance.

Article 3. Tasks and powers of the Management Board in managing investment, construction, trade; import and export; enterprises and labor

1. Deciding on investment for projects in groups B and C using state budget capital for investment in Phu Quoc Island and other projects authorized by the provincial People's Committee; managing investment, construction, and bidding for projects funded from the state budget according to laws on investment, construction, and bidding.

2. Signing BOT, BTO, BT contracts for projects in groups B and C in accordance with laws on investment and construction; directly receiving, managing, and utilizing ODA funds according to laws on managing and utilizing ODA funds.

3. Organizing the review of reports on investment and construction works and business infrastructure in functional zones (determined in the general planning for constructing Phu Quoc Island approved by the Prime Minister and detailed planning approved by the provincial People's Committee) by domestic and foreign economic organizations as main investors not from state budget sources, state development credit, and state-guaranteed credit; compiling and reporting to the Prime Minister and the provincial People's Committee on these projects according to regulations.

4. Issuing, adjusting, and revoking the following types of licenses, certificates, and certifications upon authorization or delegation from competent state agencies:

a) Investment certificate and investment incentive confirmation in the investment certificate according to laws on investment for domestic investment projects within the Management Board’s jurisdiction;

b) Investment certificate and investment incentive confirmation in the investment certificate according to laws on investment for foreign direct investment projects within the Management Board’s jurisdiction;

c) Construction permit for works within the Management Board’s jurisdiction consistent with approved general and detailed plans;

d) Establishment permit for representative offices of foreign organizations and traders within the Management Board’s jurisdiction;

e) Business registration certificate for organizations and individuals operating within the Management Board’s jurisdiction;

f) Planning certificate, construction permit, origin certificate for goods at Phu Quoc Island, and other certificates;

g) Confirmation of the list and quantity of production materials, supplies, components, and semi-finished products imported annually to meet the production requirements of domestic and foreign investment projects within the Management Board’s jurisdiction according to laws;

h) Work permit for foreigners and overseas Vietnamese residents working and investing within the Management Board’s jurisdiction according to laws.

5. Managing and coordinating with relevant agencies to manage investment, production, business, and service activities in two duty-free zones linked to An Thoi Port and Phu Quoc Airport according to Articles 6, 7, 8, 9, and 10 of the Regulation on the Organization and Operation of Phu Quoc Island and Nam An Thoi Archipelago, issued together with Decision No. 38/2006/QD-TTg dated February 14, 2006, by the Prime Minister.

6. Managing state budget investment capital, fees, and charges:

a) Managing state budget investment capital; managing and implementing administrative, public service, program target, and other funds assigned by the state according to laws;

b) Collecting, managing, and utilizing various fees and charges according to laws, including negotiating collection levels, organizing collection, and managing and utilizing infrastructure usage fees, service facilities, and public utilities within the Management Board’s jurisdiction for their intended purposes.

7. Organizing activities to introduce, promote, negotiate on investment, trade, and tourism both domestically and internationally; serving as a focal point to resolve issues arising during the formation and implementation of investment projects, business registration, and operational difficulties of businesses in Phu Quoc.

Article 4. Tasks and powers of the Management Board in managing and protecting natural resources and the environment; inspecting, supervising, and internal management

1. Managing and protecting natural resources and the environment:

a) Approving environmental impact assessment reports according to the classification of the Ministry of Natural Resources and Environment; registering and supervising the implementation of environmental protection commitments of investment projects within the Management Board's jurisdiction as stipulated by laws on environmental protection;

b) Managing and supervising the implementation of measures for protecting natural resources and the environment within the Management Board's jurisdiction; coordinating or recommending competent authorities to handle cases of violations of regulations on protecting natural resources and the environment by organizations and individuals operating on Phú Quốc Island.

2. Land management within the Management Board's jurisdiction:

a) Compensating and clearing land areas and water surfaces that have been recovered by authorized state agencies and handed over to the Management Board for reassignment or leasing of land according to its authority;

b) Being granted land with payment for land use rights, granting land without payment for land use rights; leasing land, transferring land use rights, and confirming land use rights for organizations and individuals requiring land use within the Management Board's jurisdiction as stipulated by laws on land;

c) Deciding: land use fee rates, water surface use fee rates; land lease fees, water surface lease fees; exemptions and reductions in land use fees, water surface use fees; exemptions and reductions in land lease fees, water surface lease fees for each investment project within the Management Board's jurisdiction based on land prices and exemption policies specified by the provincial People's Committee for each case of reassigning land or leasing land without public auction of land use rights or public auction of projects using land;

d) Organizing public auctions for land use rights and bidding for projects including land use rights in the process of assigning and leasing land within the Management Board's jurisdiction to investors.

3. Inspecting and supervising domestic and foreign organizations and individuals engaged in production and business activities within the Management Board's jurisdiction as stipulated by laws.

4. Coordinating with local authorities and relevant agencies in ensuring social security, fire prevention and fighting, and all activities within the Management Board's jurisdiction as stipulated by laws.

5. Organizing and coordinating with state management agencies in inspecting, supervising, resolving complaints and grievances, preventing and combating corruption, waste, and administrative violations in planning, investment, environmental, land, and other fields at Phú Quốc Island according to the authority prescribed by laws or delegated.

6. Managing organizational structure, staffing, finance, assets, and training and improving officials, civil servants, and employees:

a) Managing organizational structure, staffing; implementing salary systems and incentive policies, rewards, and disciplinary measures for officials, civil servants, and employees under its management; organizing specialized and vocational training for officials, civil servants, and employees under the Management Board;

b) Managing finances and assets assigned according to laws;

c) Managing and directing operations for subordinate public institutions;

d) Supervising recruitment and compliance with labor policies and systems; organizing and managing human resource training for subordinate public institutions under the Management Board.

7. The Management Board is the focal agency for science and technology planning and has the responsibility to organize and direct the implementation of scientific research plans and the application of technological advancements for units under the Management Board.

Article 5. Tasks and powers of the Management Board in certain other fields

1. To take the lead and coordinate with relevant agencies to implement maintenance and repair work on economic and social infrastructure systems, service facilities, and public utilities on Phu Quoc Island.

2. For fields not authorized or delegated for management, the Management Board shall be responsible for coordinating with related state agencies to assist investors in resolving difficulties and obstacles during investment processes under the "one-stop" mechanism.

3. To carry out international cooperation in accordance with the law.

4. To report annually to the Prime Minister, relevant ministries and sectors, and the People's Committee of the province on the implementation of this Decision and other legal documents related to investment, construction, and development of Phu Quoc Island.

5. To perform other tasks assigned by the Prime Minister and the People's Committee of the province.

Article 6. Organizational structure and staffing of the Management Board

1. The Management Board has a Director and two Deputy Directors. The Chairman of the People's Committee of the province shall appoint the Chairman of the People's Committee of Phu Quoc District to serve as the Director.

The Director combines the authority of the Chairman of the People's Committee of Phu Quoc District with that of the Director in performing assigned tasks and powers in accordance with the law.

The Deputy Directors shall be appointed and relieved of their positions by the Chairman of the People's Committee of the province upon the recommendation of the Director of the Management Board.

2. Supporting machinery: The Management Board may reasonably utilize specialized departments under the People's Committee of Phu Quoc District; if necessary, the Director of the Management Board may request the Chairman of the People's Committee of the province to decide on establishing new specialized departments to support the Management Board in carrying out its tasks and powers as prescribed by law.

3. Affiliated units:

Based on the situation and requirements for investment and development of Phu Quoc Island at each stage, the Director of the Management Board shall submit to the Chairman of the People's Committee of the province for decision on establishing affiliated units.

4. Phu Quoc Island Infrastructure Development Investment Company.

5. The Director of the Management Board shall define the functions, tasks, powers, and organizational structure of the supporting machinery and affiliated units stipulated in Clauses 1, 2, 3, and 4 of this Article.

6. Staffing of the Management Board:

a) Administrative staffing of the Management Board shall be allocated by the People's Committee of the province within the total administrative staffing of the province based on the proposal of the Director of the Management Board;

b) Public service staffing of the Management Board shall be determined by the Director of the Management Board according to the delegation of management by the People's Committee of the province.

Article 7. Effectiveness and responsibility for enforcement

1. This Decision shall take effect fifteen days from the date of publication in the Official Gazette.

2. To abolish Clause 3 and Clause 5 of Article 26 of the Regulation on Organization and Operation of Phu Quoc Island and Nam An Thoi Archipelago, Kiengiang Province promulgated together with Decision No. 38/2006/QĐ-TTg dated February 14, 2006 of the Prime Minister, and previous regulations contrary to this Decision.

3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairman of the People's Committee of Kiengiang Province, Chairman of the People's Committee of Phu Quoc District - Director of the Phu Quoc Island Investment and Development Management Board, and related agencies, organizations, and individuals are responsible for enforcing this Decision./.