Decision No. 72/2005/QD-TTg on the establishment and definition of functions, tasks, powers, and organizational structure of the Management Board of the Dung Quat Economic Zone

Pursuant to …;

Regarding the establishment and provisions on functions, tasks, powers,

organizational structure of the Management Board of Dung Quat Economic Zone

PRIME MINISTER

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

Pursuant to Decision No. 50/2005/QĐ-TTg dated March 11, 2005 of the Government on the establishment and issuance of the Operation Regulations of the Dung Quat Economic Zone, Quang Ngai Province;

At the request of the Minister of Home Affairs,

DECISION:

Article 1.

1. Establish the Management Board of the Dung Quat Economic Zone under

2. The Management Board of the Dung Quat Economic Zone is a state management agency directly responsible for the Dung Quat Economic Zone, assisting

3. The Management Board of the Dung Quat Economic Zone has legal personality, bears the seal of the national emblem, and has operating funds provided by the state budget according to the annual plan.

4. The Management Board of the Dung Quat Economic Zone is a single planning and budgetary unit under central authority (first-level budget unit), authorized to manage revenues and expenditures within the fields of investment development, administrative services, target programs, and other areas as prescribed by law.

Article 2. Tasks and powers of the Management Board of the Dung Quat Economic Zone:

a) Master plans and annual and long-term development plans for the Dung Quat Economic Zone;

b) Mechanisms and preferential policies necessary to be applied to the Dung Quat Economic Zone in accordance with actual conditions during each period;

c) Schemes for issuing project bonds, 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 requirements of the Dung Quat Economic Zone.

a) Detailed land use plans in the Dung Quat Economic Zone to be submitted to the People's Committee of Quang Ngai Province for approval;

b) Frameworks for prices and fees to be implemented in the Dung Quat Economic Zone to be reported to the Ministry of Finance or the People's Committee of Quang Ngai Province for decision-making within their respective authorities;

c) Annual budgets for investment from the state budget and operational expenses of the Management Board of the Dung Quat Economic Zone to be reported to the Ministry of Finance and the Ministry of Planning and Investment for consolidation and submission

3. The Management Board of the Dung Quat Economic Zone shall direct and organize the implementation of tasks:

a) Implementing decisions of

b) Directing the preparation and approval of detailed master plans for functional zones; organizing management and supervision of implementation;

c) Inspecting and auditing organizations and individuals, both domestic and foreign, engaged in production and business activities within the Dung Quat Economic Zone in accordance with the law;

d) Managing investment, construction, and bidding using state budget funds in accordance with regulations applicable to provincial people's committees regarding investment and construction, bidding;

đ) Entitled to sign BOT, BTO, BT contracts for projects in groups B and C; serving as the direct agency for receiving, managing, and utilizing ODA funds;

e) Organizing the review of feasibility study reports for investment projects to construct and operate infrastructure in functional zones (as determined in the overall planning of the Dung Quat Economic Zone by

g) Issuing, adjusting, and revoking various permits, certificates, and confirmations including:

- Foreign investment licenses for foreign direct investment projects in the Dung Quat Economic Zone, including:

+ Projects with investment capital up to 40 million US dollars;

+ Production projects (including processing and manufacturing) with an export product ratio of 80% or more regardless of investment capital size.

- Licenses for foreign direct investment projects in the Dung Quat Economic Zone that comply with the planning and operation regulations of the Dung Quat Economic Zone approved by the competent authority (excluding group A projects and sectors where the issuance of investment licenses is not delegated according to the Government's regulations on implementing the Law on Foreign Investment in Vietnam).

- Business registration certificates for organizations and individuals establishing and managing enterprises within the Dung Quat Economic Zone.

- Certificates for establishing representative offices of foreign organizations and traders within the Dung Quat Economic Zone.

- Investment registration certificates and investment incentive certificates for domestic investment projects in the Dung Quat Economic Zone.

- Planning certificates, construction permits, certificates of origin for goods at the Dung Quat Economic Zone, and other certificates within its authority or delegated by ministries according to law.

- Confirming lists and quantities of raw materials, supplies, components, and semi-finished products imported annually to meet production needs of domestic and foreign organizations and individuals' investment projects in the Dung Quat Economic Zone as prescribed by law.

- Work permits for foreigners and overseas Vietnamese coming to work and invest in the Dung Quat Economic Zone as prescribed by law.

h) Managing and protecting natural resources and the environment:

- Reviewing and approving environmental impact assessment reports according to the classification of the Ministry of Natural Resources and Environment and confirming environmental compliance registration tables for investment projects in the Dung Quat Economic Zone.

- Managing and inspecting the implementation of measures to protect natural resources and the environment within the Dung Quat Economic Zone; coordinating or recommending competent authorities to handle violations of natural resource and environmental protection regulations by organizations and individuals operating within the Dung Quat Economic Zone.

i) Managing state budget funds, fees, and charges:

- Managing investment funds from the state budget, managing and executing administrative, service, program, and other source fund revenues and expenditures as prescribed by law.

- Collecting various types of fees and charges and managing their use as prescribed.

k) Managing land in the Dung Quat Economic Zone:

- Shall be responsible for coordinating with local authorities to implement compensation and land clearance for areas of land and water bodies that have been reclaimed by competent state authorities and transferred to the Management Board for allocation or leasing according to its authority.

- Be responsible for allocating land with payment of land use fees, allocating land without payment of land use fees, leasing land to organizations and individuals who have the need to use land within the Dung Quất Economic Zone in accordance with the intended use as prescribed by laws on land.

- Decide on the amount of land use fees and water surface fees; land lease fees and water surface lease fees; exemptions and reductions of land use fees and water surface fees; exemptions and reductions of land lease fees and water surface lease fees for each investment project within the Dung Quất Economic Zone based on land prices and exemption policies stipulated by the People's Committee of Quang Ngai Province for each case of re-allocation of land or leasing of land without going through public auction of land use rights or public auction of projects using land.

- Pilot the organization of public auctions for land use rights and bidding for projects that include land use rights in the allocation and leasing of land within the Dung Quất Economic Zone to investors.

l) Organize investment promotion activities, trade, publicity, introduction, negotiation both domestically and internationally; act as the focal point for resolving issues arising during the formation and implementation of investment projects, post-permit investment and business issues, and participation in activities within the Dung Quất Economic Zone, including negotiating the level of payment for infrastructure usage fees, service works, and public utilities within the Dung Quất Economic Zone.

m) Coordinate with local authorities and relevant agencies in ensuring social security, fire prevention and fighting, and all activities within the Dung Quất Economic Zone in accordance with the operational regulations of the Dung Quất Economic Zone.

n) Organize and coordinate with state management agencies in conducting inspections, investigations, handling complaints and grievances, and administratively dealing with violations within the scope of authority granted or delegated in the fields of activity within the Dung Quất Economic Zone.

o) Manage organizational structure, staffing, finance, assets, and training:

- Manage organizational structure and staffing; implement salary systems and incentive policies, rewards, and disciplinary measures for officials, civil servants, and employees; organize specialized and vocational training for officials, civil servants, and employees under the Dung Quất Economic Zone Management Board.

- Combat corruption, waste, and negativity, and manage finances and assets according to the provisions of the law.

- Manage and direct the operations of subordinate public service units; uniformly administer administrative activities of port services and other activities within the Dung Quất Economic Zone.

- Supervise recruitment and compliance with labor policies; organize and manage human resource training for subordinate public service units under the Dung Quất Economic Zone Management Board.

p) Serve as the focal agency for science and technology planning; organize and direct the implementation of scientific research plans and the application of technological advancements for units under the Dung Quất Economic Zone Management Board.

q) Manage other areas:

- Take the lead and coordinate with relevant agencies to maintain and repair economic and social infrastructure systems, service works, and public utilities within the Dung Quất Economic Zone.

- Take the lead and coordinate with related state agencies to reform administrative procedures according to the "one-stop-shop" mechanism across various fields of activity within the Dung Quất Economic Zone.

- Implement international cooperation in accordance with the law.

r) Report periodically to the Prime Minister, relevant ministries, and the People's Committee of Quang Ngai Province on the implementation of planning, construction, and development plans for the Dung Quất Economic Zone.

s) Perform other tasks assigned by the Prime Minister at different times.

Article 3.

1. Leadership of the Board:

The Dung Quất Economic Zone Management Board has a Director (equivalent to a General Director), Deputy Directors (including one Deputy Director concurrently serving as Vice Chairman of the People's Committee of Quang Ngai Province).

The Director is appointed by the Prime Minister upon the recommendation of the Minister of Home Affairs.

Deputy Directors are appointed by the Prime Minister upon the recommendation of the Director (for the Deputy Director concurrently serving as Vice Chairman of the People's Committee of Quang Ngai Province, there must be a written recommendation from the People's Committee of Quang Ngai Province).

2. Administrative support staff shall include:

- Office;

- Inspection;

- Organization and Training Department;

- Planning and Investment Department;

- Finance and Enterprise Department;

- Natural Resources and Environment Department;

- Planning and Construction Department;

- Labor and Social Department;

- Trade and Import-Export Department;

- Representative Office of the Dung Quất Economic Zone Management Board in Hanoi.

3. Affiliated units.

Depending on the situation and development requirements of the Dung Quất Economic Zone at specific stages, the Minister of Home Affairs shall submit to the Prime Minister for decision on the organizational structure of the Dung Quất Economic Zone Management Board; the Director of the Dung Quất Economic Zone Management Board shall submit to the Minister of Home Affairs for decision on public service units under the Board.

4. Infrastructure Development Company of the Dung Quất Economic Zone.

5. Staffing of the Dung Quất Economic Zone Management Board:

a) Administrative staffing of the Dung Quất Economic Zone Management Board is allocated by the Minister of Home Affairs upon the recommendation of the Director of the Dung Quất Economic Zone Management Board;

b) Public service staffing of the Dung Quất Economic Zone Management Board is decided by the Director after obtaining the opinion of the Minister of Home Affairs.

Article 4. This Decision takes effect fifteen days after its publication in the Official Gazette and replaces Decision No. 553/TTg dated August 16, 1996 of the Prime Minister regarding the establishment of the Dung Quất Industrial Park Management Board.

Article 5. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairman of the People's Committee of Quang Ngai Province, and Director of the Dung Quất Economic Zone Management Board are responsible for implementing this Decision.