Decision No. 85/2007/QĐ-TTg on the establishment and issuance of the operational regulations of the Southeast Nghe An Economic Zone, Nghe An Province.

 

DECISION OF THE PRIME MINISTER

Regarding the establishment and issuance of the operational regulations

of the Southeast Nghe An Economic Zone, Nghe An Province

PRIME MINISTER

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

Based on the Investment Law dated November 29, 2005;

Considering the proposal of the Minister of Planning and Investment and the Chairman of the People's Committee of Nghe An Province.

DECISION:

Article 1. Establish the Southeast Nghe An Economic Zone, Nghe An Province.

Article 2. Issue along with this Decision the Operational Regulations of the Southeast Nghe An Economic Zone, Nghe An Province.

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

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, and the Chairman of the People's Committee of Nghe An Province are responsible for implementing this Decision.

REGULATIONS

Activities of the Southeast Nghe An Economic Zone, Nghe An Province

(Issued together with Decision No. 85/2007/QĐ-TTg dated June 11, 2007)

of the Prime Minister)

PART I

GENERAL PROVISIONS

Article 1. These regulations stipulate the activities, policies, and state management over the Southeast Nghe An Economic Zone; rights and obligations of organizations and individuals, including domestic entities and foreign individuals, Vietnamese citizens residing abroad, foreign organizations and individuals, and foreign-invested enterprises (hereinafter referred to as domestic and foreign organizations and individuals) engaged in production and business of goods and services, and investment and operation of infrastructure construction at the Southeast Nghe An Economic Zone.

Article 2.

Clause 1. The Southeast Nghe An Economic Zone is located in the southeastern part of Nghe An Province, comprising 18 communes and wards: Nghĩa Hợp, Nghĩa Xá, Nghĩa Long, Nghĩa Thuận, Nghĩa Đồng, Nghĩa Hưng, Nghĩa Quang, Nghĩa Thiết, Nghĩa Tiến, Nghĩa Yên (belonging to Nghĩa Lộc District); Diên Trung, Diên Thịnh, Diên An, Diên Lộc, Diên Thọ, Diên Phú (belonging to Diên Chử District); Nghĩa Tân, Nghĩa Thuỷ belonging to Cu Lò City. The Southeast Nghe An Economic Zone has a natural area of 18,826.47 hectares.

Clause 2. The Southeast Nghe An Economic Zone includes functional zones, economic and social technical infrastructure projects, public service facilities, within the territory and sovereignty of the State, but with a separate economic space, favorable and equal investment and production and business environment, with long-term preferential policies and management mechanisms that create favorable conditions for domestic and foreign organizations and individuals to invest confidently in developing production and business of goods and services.

Article 3. Main objectives of development of the Southeast Nghe An Economic Zone

Point 1. To build and develop the Southeast Nghe An Economic Zone into a comprehensive multi-industry and multi-functional economic zone; a breakthrough area of Nghe An Province; an important growth pole of the Central Region; an international trading center, a large industrial, tourism, commercial, and seaport center of the North Central Region; a major urban center of Nghe An; having a modern and synchronized infrastructure system; a civilized city with advanced architecture.

Point 2. To form leading industries and products with high quality and competitiveness in industries, tourism, services, and agriculture, thereby creating a strong foundation for the long-term development of Nghe An Province and the North Central Region.

Point 3. To effectively exploit the advantages of natural conditions, geographical and political positions in international and domestic trade of the Economic Zone and Nghe An Province.

Point 4. To create many job opportunities, improve the quality of human resources; contribute decisively to the restructuring of the economy and labor structure of Nghe An Province towards a faster increase in the proportion of industry and services, and a gradual decrease in the proportion of agriculture, forestry, and fisheries in the coming years.

Point 5. To establish a region with the highest investment encouragement and incentive policies, an effective management organization to ensure a particularly favorable investment and business environment to attract investment.

Article 4. The Government encourages and protects organizations and individuals, both domestic and foreign, participating in investment and business activities in the Southeast Nghe An Economic Zone in the following fields: investment in infrastructure development (infrastructure in non-tariff zones, industrial park infrastructure, urban infrastructure...); urban development; marine port and maritime transport business; business services such as cargo reception, transshipment, handling, transportation, unloading, counting, opening and closing, storage, and preservation of goods; import and export of goods, trade promotion; financial, banking, trade, tourism, entertainment, insurance, health, education, housing... businesses; industrial development and other production and business activities according to Vietnamese laws and international treaties to which Vietnam is a member.

Article 5.

Point 1. Organizations and individuals, both domestic and foreign, parties involved in joint venture contracts under the Investment Law operating in the production and business of goods and services (collectively referred to as production and business enterprises) in the Southeast Nghe An Economic Zone have the right:

a) To acquire land transfer rights, lease land, or sublease land already developed with technical infrastructure in the Southeast Nghe An Economic Zone from enterprises investing in and operating infrastructure development in accordance with relevant laws on land use to construct factories and architectural works serving the production and business of goods and services;

b) To lease or purchase ready-built factories and warehouses in the Southeast Nghe An Economic Zone to serve production and business of goods and services according to contracts signed with enterprises investing in and operating infrastructure development;

c) To use technical infrastructure works, public service facilities, and communal convenience facilities in the Southeast Nghe An Economic Zone, including: road systems, seaports, electricity supply, water supply, drainage, telecommunications, wastewater treatment, waste disposal... and other common services in the Southeast Nghe An Economic Zone according to contracts signed with enterprises investing in and operating infrastructure development;

d) To enjoy investment incentives as prescribed in these Regulations;

đ) Enjoy other legitimate benefits provided for by laws on land, investment incentives, and other regulatory legal documents of Vietnamese law, and according to the provisions of international treaties to which Vietnam is a party.

2. Enterprises engaged in production and business of goods and services in the Southeast Nghe An Economic Zone shall have the obligation to:

a) Comply with the provisions of this Regulation and other laws, detailed planning at functional zones approved by competent state authorities, and the provisions in the Investment Registration Certificate, Investment Incentive Certificate, Investment License, Business Registration Certificate, and Corporate Charter; use land for the purpose assigned or leased or subleased;

b) Create conditions for enterprises investing in and operating infrastructure construction to carry out maintenance, repair, and upgrade of infrastructure works in functional zones, technical infrastructure works, and public service and convenience facilities within the Southeast Nghe An Economic Zone on the land area used by organizations and individuals within the Southeast Nghe An Economic Zone;

c) Pay rent for land, sublease rent for land, rent or purchase price for factories, warehouses, and fees for using infrastructure works in functional zones, technical infrastructure works, and public service and convenience facilities within the Southeast Nghe An Economic Zone to enterprises investing in and operating infrastructure construction according to signed contracts;

d) Fulfill tax, customs, environmental protection, and other obligations as prescribed by law;

đ) Domestic economic organizations, households, and individuals investing in production and business activities in the Southeast Nghe An Economic Zone shall register their operations with the Management Board of the Southeast Nghe An Economic Zone;

e) Implement regular monthly, quarterly, and annual reporting on operational status to the Management Board of the Southeast Nghe An Economic Zone.

Article 6.

1. Organizations and individuals, both domestic and foreign, investing in and operating infrastructure in functional zones, technical infrastructure works, and public service and convenience facilities (collectively referred to as enterprises investing in and operating infrastructure) within the Southeast Nghe An Economic Zone shall have the following rights:

a) Be granted land lease or land transfer with payment of land use fee by the Management Board of the Southeast Nghe An Economic Zone according to relevant laws on land to invest in and operate infrastructure in functional zones, technical infrastructure works, and public service and convenience facilities within the Southeast Nghe An Economic Zone;

b) Transfer land use rights, sublease land already developed with technical infrastructure within the Southeast Nghe An Economic Zone to domestic organizations and individuals, overseas Vietnamese, foreign organizations and individuals, foreign-invested enterprises, and parties involved in joint venture contracts according to the Investment Law to invest in production and business of goods and services within the Southeast Nghe An Economic Zone according to relevant laws on land;

c) Charge fees for using infrastructure works in functional zones, technical infrastructure works, and public service and convenience facilities within the Southeast Nghe An Economic Zone invested by enterprises investing in and operating infrastructure according to signed contracts with tenants;

d) Construct factories and warehouses within the Southeast Nghe An Economic Zone for sale or lease;

đ) Set rental prices for subleasing land already developed with technical infrastructure, fees for using technical infrastructure works, public service and convenience facilities within the Southeast Nghe An Economic Zone according to agreements with the Management Board of the Southeast Nghe An Economic Zone; set rental or sale prices for factories and warehouses and service fees;

e) Be permitted to lease or sublease part or all of undeveloped land areas to domestic economic organizations, overseas Vietnamese, foreign organizations and individuals, and foreign-invested enterprises with financial capability and experience in raising investment capital according to relevant laws on land for leasing land and raising investment capital;

g) Enjoy other legitimate benefits as prescribed by law.

2. Enterprises investing in and operating infrastructure within the Southeast Nghe An Economic Zone shall have the obligation to:

a) Construct infrastructure works in functional zones, technical infrastructure works, and public service and convenience facilities within the Southeast Nghe An Economic Zone in accordance with detailed planning, design, and schedule approved.

In case the Management Board of the Southeast Nghe An Economic Zone transfers land with payment of land use fee, transfers land without payment of land use fee, or leases land according to relevant laws on land for implementing projects to invest in and operate infrastructure in functional zones, technical infrastructure works, and public service and convenience facilities within the Southeast Nghe AN Economic Zone but does not use the land continuously for 12 months or uses it later than 24 months from the date of actual land handover compared to the schedule recorded in the investment project without obtaining permission for extension from the Management Board of the Southeast Nghe An Economic Zone, then the Management Board of the Southeast Nghe An Economic Zone may propose competent authorities to reclaim the land according to the Land Law without compensation for the land;

b) Maintain and repair infrastructure works in functional zones, technical infrastructure works, and public service and convenience facilities within the Southeast Nghe An Economic Zone to ensure quality;

c) Comply with the provisions of this Regulation, detailed planning at functional zones approved by competent authorities, and use land for the purpose assigned or leased;

d) Fulfill tax, customs, and other obligations as prescribed by law;

đ) Implement regular monthly, quarterly, and annual reporting to the Management Board of the Southeast Nghe An Economic Zone.

Chapter II

ORGANIZATION AND OPERATIONS OF THE SOUTHEAST NGHE AN ECONOMIC ZONE

Article 7.

1. The Southeast Nghe An Economic Zone includes two main functional areas: a duty-free zone and a bonded zone.

The duty-free zone within the Southeast Nghe An Economic Zone is the area determined in the overall planning scheme linked to a part of the Cu Lo sea port.

The bonded zone is the remaining area of the Southeast Nghe An Economic Zone outside the duty-free zone. Within the bonded zone, there are other functional zones such as industrial zones, export processing zones, port and post-port service zones, urban zones, entertainment and leisure zones, tourism and service zones, residential zones, and administrative zones.

The scale and location of each functional zone are determined in the Overall Planning Scheme for the Southeast Nghe An Economic Zone approved by the Prime Minister.

2. To ensure the quality of long-term development planning in line with international economic integration requirements, the Management Board of the Southeast Nghe An Economic Zone is permitted to hire foreign consultants to participate in detailed planning for functional zones such as urban zones, duty-free zones, tourist zones, and other appropriate functional zones in accordance with the Overall Planning Scheme.

Article 8.

1. The duty-free zone is the area determined in the Overall Construction Planning Scheme for the Southeast Nghe An Economic Zone and the Detailed Land Use Planning Scheme.

2. The duty-free zone is separated from the bonded zone within the Southeast Nghe An Economic Zone and the mainland of Vietnam by a fence system, with gates and entrances ensuring the control of relevant authorities. Within the duty-free zone, there is a customs office to monitor, inspect, and process customs procedures for goods entering and exiting. There are no permanent or temporary residents (including foreigners) in the duty-free zone.

3. Activities in the duty-free zone include the following types of production and business operations:

a) Production, processing, recycling, assembly of export goods, import goods, and goods for local use;

b) Goods trade (including exports, imports, transshipments, temporary imports for re-export, distribution, retail stores, tax-free shops);

c) Service trade (classification, packaging, transportation and delivery of transit goods, storage, warehouses, bonded warehouses, postal services, telecommunications, finance, banking, transportation, insurance, entertainment, catering);

d) Trade promotion (trade fairs, product showcase stores, branch offices and representative offices of domestic and foreign companies, and financial-banking organizations) and other trade activities.

Article 9.

1. The exchange of goods and services between the duty-free zone and other duty-free zones of other economic zones with foreign countries, and among economic organizations within the duty-free zone, shall be conducted according to the rules governing exchanges between foreign countries and do not require customs procedures. Economic organizations operating in the duty-free zone may export to foreign countries and import from foreign countries all goods and services that are not prohibited by Vietnamese law.

2. The storage of goods in the duty-free zone is not subject to time limitations.

3. Foreign ships are allowed to directly enter the duty-free port area of the Southeast Nghe An Port to load and unload goods without undergoing entry and exit procedures for persons, except for ship entry and exit procedures at buoy number 0.

Article 10.

1. The exchange of goods and services between the duty-free zone and the bonded zone (excluding export processing zones) within the Southeast Nghe An Economic Zone and the mainland of Vietnam shall be governed by the rules for exchanges between foreign countries and Vietnam and must comply with current laws including the Law on Taxation, the Law on Customs, and the Law on Trade. The exchange of goods and services between the duty-free zone and the export processing zone within the Southeast Nghe An Economic Zone shall be governed by the rules for exchanges between foreign countries.

2. Domestic and foreign organizations and individuals engaged in production and business activities of goods and services in the bonded zone within the Southeast Nghe An Economic Zone and the mainland of Vietnam may only import goods and services from the duty-free zone that are not prohibited or restricted by Vietnamese law, and may sell goods and services to the duty-free zone that are not prohibited by Vietnam for export.

3. Goods are freely circulating between the bonded zone and the mainland of Vietnam.

Article 11.

1. Goods exported or imported in the following cases are exempt from export duties and import duties:

a) Goods imported from abroad or from another duty-free zone into the duty-free zone within the Southeast Nghe An Economic Zone;

b) Goods exported from the duty-free zone to foreign countries;

c) Goods transferred or sold to export processing zones or export processing enterprises within the territory of Vietnam from the duty-free zone;

d) Goods originating from the mainland of Vietnam that are not subject to export duties and are brought into the duty-free zone (except for goods specified in Clause 2 of this Article).

2. Goods subject to export duties originating from the bonded zone within the Southeast Nghe An Economic Zone and the mainland of Vietnam, which are brought into the duty-free zone for export to foreign countries without being processed, manufactured, recycled, or assembled into products in the duty-free zone, must pay export duties, follow the current export procedures, and be subject to inspection and supervision by the customs authority.

3. Goods originating from abroad and goods not included in the list of prohibited or restricted imports from the duty-free zone into the bonded zone (excluding export processing zones) within the Southeast Nghe An Economic Zone and the mainland of Vietnam must pay import duties, follow the current import procedures, and be subject to inspection and supervision by the customs authority.

4. Goods produced, processed, recycled, or assembled in the duty-free zone using imported raw materials and components from abroad, when imported into the bonded zone (excluding export processing zones) within the Southeast Nghe An Economic Zone and the mainland of Vietnam, only need to pay import duties on the portion of imported raw materials and components constituting the product or goods and must follow the current import procedures and be subject to inspection and supervision by the customs authority.

5. Goods and services produced and consumed within the duty-free zone and goods and services imported from abroad into the duty-free zone shall not be subject to value-added tax. Goods and services from the domestic area of Vietnam and the customs zone within the Northeast Nghe An Economic Zone brought into the duty-free zone shall be subject to a zero percent value-added tax rate. Goods and services from the duty-free zone brought into the domestic area of Vietnam and the customs zone (excluding export processing zones) within the Northeast Nghe An Economic Zone must be subject to taxes as prescribed by law.

6. Goods and services subject to special consumption tax produced and consumed within the duty-free zone or imported from abroad into the duty-free zone shall not be subject to special consumption tax.

7. Goods and services subject to special consumption tax from the duty-free zone brought into the customs zone (excluding export processing zones) within the Northeast Nghe An Economic Zone and the domestic area of Vietnam must be subject to special consumption tax.

8. Raw materials for production and merchandise supplies purchased by organizations and individuals both domestically and internationally engaged in producing and trading goods and services within the duty-free zone from abroad but not fully utilized and by-products still having commercial value may be sold into the customs zone (excluding export processing zones) within the Northeast Nghe An Economic Zone and the domestic area of Vietnam after completing customs procedures and paying import duties as prescribed by current regulations.

9. Investment projects for producing export goods and transporting transit goods shall be implemented according to general provisions.

Chapter III

INVESTMENT INCENTIVES

Article 12.

Organizations and individuals both domestically and internationally have the right to choose to implement investment projects at the Northeast Nghe An Economic Zone (except for projects falling under the list of prohibited investment areas as prescribed by Vietnamese law). Investment projects with conditions within the customs zone (outside the duty-free zone) within the Northeast Nghe An Economic Zone shall be implemented according to current regulations.

Article 13. Investment projects into the Northeast Nghe An Economic Zone shall enjoy incentives applicable to areas with particularly difficult socio-economic conditions and economic zones as prescribed by the Investment Law, the Corporate Income Tax Law, and other current laws.

Article 14.

1. All investment projects of organizations and individuals both domestically and internationally investing in the Northeast Nghe An Economic Zone shall enjoy: a corporate income tax rate of 10% applied for 15 years, starting from when the investment project begins operations; exemption from corporate income tax for 4 years, starting from when taxable income is generated; reduction of 50% of the tax payable for the next 9 years; and enjoyment of other tax incentives applicable to areas with particularly difficult socio-economic conditions as prescribed by investment laws, other tax laws, and international treaties to which Vietnam is a member.

2. Domestic and foreign organizations and individuals' investment projects for production within the Northeast Nghe An Economic Zone shall be exempt from import tax for 5 years, starting from when production begins, for raw materials, supplies, components, and semi-finished products that must be imported because they cannot be produced domestically or do not meet quality standards.

3. A 50% reduction in personal income tax for high-income individuals (including Vietnamese and foreigners) working in the Northeast Nghe An Economic Zone.

4. In addition to the incentives provided for in this regulation, investment projects of domestic and foreign organizations and individuals in the Northeast Nghe An Economic Zone below shall enjoy a corporate income tax rate of 10% throughout the implementation period of the project:

a) Projects in high-tech fields meeting the provisions of Clause 2, Article 5 of the High-Tech Zone Regulation issued together with Decree No. 99/2003/NĐ-CP dated August 28, 2003 of the Government;

b) Large-scale projects with significant importance to the development of industries or sectors or the socio-economic development of the region, approved by the Prime Minister;

c) Projects for constructing and operating infrastructure in the duty-free zone.

Article 15. Domestic enterprises belonging to various economic sectors with investment projects for production and business in the Northeast Nghe An Economic Zone shall enjoy preferential forms of state credit as prescribed by current laws on state investment development credit.

Article 16. Domestic organizations and individuals, overseas Vietnamese residents, foreigners permanently residing in Vietnam, foreign-invested enterprises, and foreign organizations and individuals may invest in building houses for sale or lease, and construct functional area infrastructure for lease, sublease, or transfer of land use rights already developed infrastructure in the Northeast Nghe An Economic Zone in accordance with relevant laws on land. Overseas Vietnamese residents may purchase houses attached to residential land use rights in the Northeast Nghe An Economic Zone. Foreigners permanently residing in Vietnam and foreign investors may purchase houses and lease land in the Northeast Nghe An Economic Zone.

Article 17. Apply a single price policy for goods and services under state control and land rental fees for organizations and individuals, regardless of whether they are domestic or foreign, engaged in production and business activities in the Northeast Nghe An Economic Zone.

Chapter IV

LAND USE IN THE NORTHEAST NGHE AN ECONOMIC ZONE

Article 18.

1. The entire area of land and water designated for investment in building and developing industrial zones; port areas and port-related services; duty-free zones; tourist areas; new urban areas as determined in the Northeast Nghe An Economic Zone plan approved by the Prime Minister and detailed land use planning approved by the People's Committee of Nghe An Province shall be assigned once to the Northeast Nghe An Economic Zone Management Board by the People's Committee of Nghe An Province to organize construction and development. The People's Committee of Nghe An Province shall direct the implementation of land recovery for the areas of land and water planned for the construction of industrial zones, port areas and port-related services; duty-free zones; tourist areas; and new urban areas within the Northeast Nghe An Economic Zone.

2. The People's Committee of Nghe An Province shall direct the implementation of land recovery for the area of land and water bodies according to the detailed land use plan that has been approved for the remaining functional zones and other purposes within the Dong Nam Nghe An Economic Zone, and transfer such land and water bodies to the Management Board of the Dong Nam Nghe An Economic Zone according to the detailed land use plan that has been approved to organize the construction and development of the Dong Nam Nghe An Economic Zone.

3. The People's Committee of Nghe An Province shall direct the People's Committees of Nghi Loc, Dien Chau districts and Cu Lo Town to cooperate with the Management Board of the Dong Nam Nghe An Economic Zone to implement compensation and clearance of land and water bodies that have been recovered by competent state agencies and transferred to the Management Board of the Dong Nam Nghe An Economic Zone for reassignment and leasing of land to those who need to use land and for resettlement of households whose land has been recovered in accordance with the laws on land.

The Management Board of the Dong Nam Nghe An Economic Zone shall manage the land and water bodies that have been assigned and be responsible for the effective use of such land and water bodies in accordance with their intended purposes, ensuring compliance with the overall planning of the Dong Nam Nghe An Economic Zone that has been approved by the Prime Minister and the detailed land use planning and detailed land use plans that have been approved by competent authorities.

4. In cases where land is reassigned or leased without going through public auction of land use rights or bidding for projects using land, based on the land price and exemptions and reductions in land use fees and land lease fees stipulated by the People's Committee of Nghe An Province and relevant laws, the Management Board of the Dong Nam Nghe An Economic Zone shall decide on the amount of land use fee or land lease fee for land and water bodies; the exemptions and reductions in land use fee or land lease fee for each investment project to ensure encouragement of investment.

5. In cases where land is reassigned with payment of land use fee and leased through public auction of land use rights or bidding for projects using land: based on the financial plan and the approved price by the People's Committee of Nghe An Province, the Management Board of the Dong Nam Nghe An Economic Zone shall decide on the reassignment and leasing of land and water bodies that have been compensated and cleared for those who need to use them in accordance with the laws on land.

Domestic organizations and individuals, overseas Vietnamese residing abroad may be assigned land or lease land; foreign organizations and individuals, foreign-invested enterprises, parties participating in business cooperation contracts under the Investment Law may lease land to carry out investment projects in the Dong Nam Nghe An Economic Zone and have corresponding rights and obligations in accordance with the form of land assignment or lease as stipulated by the laws on land.

Article 19. The State shall support investment in the construction of technical infrastructure works up to the boundaries of functional zones in the Dong Nam Nghe An Economic Zone; provide support for compensation and clearance in functional zones and resettlement of households whose land has been recovered; support investment in the construction of wastewater treatment and centralized waste disposal facilities for functional zones according to targeted support programs.

Article 20.

1. Organizations and individuals both domestic and foreign must submit an application to the Management Board of the Dong Nam Nghe An Economic Zone in accordance with the laws on construction before constructing works serving production and business, infrastructure structures of functional zones, technical infrastructure structures, and public service and convenience works in the Dong Nam Nghe An Economic Zone. Within seven working days from the date of receiving complete valid files, the Management Board of the Dong Nam Nghe An Economic Zone shall examine and decide and issue a written response to investors.

2. The management of construction of works serving production and business, infrastructure structures of functional zones, technical infrastructure structures, and public service and convenience works in the Dong Nam Nghe An Economic Zone shall be carried out in accordance with the laws on construction.

Chapter V

OTHER POLICIES

Article 21.

1. Annually, based on economic and social infrastructure investment projects that have been approved by competent authorities, the progress of project implementation, and the central budget supplemented with targeted funds for the Nghe An provincial budget to invest in building economic and social infrastructure structures, public service and convenience works of the Dong Nam Nghe An Economic Zone in accordance with the laws on the state budget.

2. Allow the following methods of capital mobilization to invest in and develop the Dong Nam Nghe An Economic Zone:

a) Prioritize Official Development Assistance (ODA) funds and preferential credit to invest in building technical and social infrastructure structures, necessary public service and convenience works of the Dong Nam Nghe An Economic Zone and other technical assistance;

b) Be allowed to attract investment capital through Build-Operate-Transfer (BOT), Build-Transfer-Operate (BTO), Build-Transfer (BT) and other forms as currently regulated;

c) Be allowed to mobilize capital from land funds in accordance with the laws on land to invest in developing common technical and social infrastructure to serve the Dong Nam Nghe An Economic Zone;

d) Mobilize direct investment capital from domestic and foreign organizations and individuals; advance capital from entities needing infrastructure, capital from construction and business enterprises of infrastructure works. Expand syndicated loan financing forms of credit institutions and mobilize all sources of capital under various forms in accordance with the law;

đ) Issue local bonds to raise capital for large-scale infrastructure construction projects that play a key role in the development of the Dong Nam Nghe An Economic Zone in accordance with the law.

Article 22. Allow commercial banks and credit institutions established and operating under the Law on Credit Institutions to open branches in the Dong Nam Nghe An Economic Zone to perform credit functions in Vietnamese dong and foreign currencies for economic activities in the Dong Nam Nghe An Economic Zone in accordance with current regulations.

Article 23. The purchase, sale, payment, transfer, and other transaction relationships between economic organizations and individuals within the non-tariff zone are permitted to be conducted in freely convertible currency through accounts opened at banks. The sale and purchase of goods for ordinary living purposes shall be settled in Vietnamese Dong.

Article 24.

1. Foreign nationals and overseas Vietnamese working, investing, and engaging in business activities in the Southeast Nghe An Economic Zone and their family members shall be granted multiple-entry visas valid for the duration of their work, investment, and business activities in the Southeast Nghe An Economic Zone and allowed to reside temporarily within the Southeast Nghe An Economic Zone for a specified period.

2. Foreign cruise ship tourists arriving at the port of the Southeast Nghe An Economic Zone under contracts with domestic travel companies shall be processed for entry at the port.

The Ministry of Public Security shall provide guidance on the implementation of this clause.

3. The Management Board of the Southeast Nghe An Economic Zone shall issue work permits to foreign nationals and overseas Vietnamese working and engaging in business activities in the Southeast Nghe An Economic Zone in accordance with Vietnamese law.

The Ministry of Labor, Invalids, and Social Affairs shall guide the Management Board of the Southeast Nghe An Economic Zone in implementing this clause.

Article 25.

1. The State shall support investment promotion, tourism, and trade into the Southeast Nghe An Economic Zone and promote the investment environment in the Southeast Nghe An Economic Zone to potential domestic and foreign investors.

2. The Management Board of the Southeast Nghe An Economic Zone and relevant state agencies shall implement administrative reform related to investment, land, construction, bidding, taxation, customs, labor management, and enterprise management within the Southeast Nghe An Economic Zone.

3. The Management Board of the Southeast Nghe An Economic Zone shall cooperate with local authorities to organize propaganda and education for local officials and people about the Southeast Nghe An Economic Zone to foster support and participation in its development process.

Article 26. Organizations and individuals who successfully mobilize official development assistance funds, attract foreign direct investment projects, and domestic investment projects into the Southeast Nghe An Economic Zone shall be rewarded according to the Regulations issued by the People's Committee of Nghe An Province after obtaining approval from the Ministry of Finance.

Chapter VI

STATE MANAGEMENT OF THE SOUTHEAST NGHE AN ECONOMIC ZONE

Article 27. The Ministries of Planning and Investment, Finance, Home Affairs, Public Security, Labor, Invalids, and Social Affairs, Commerce, Construction, Industry, Transportation, Natural Resources and Environment, the General Administration of Tourism, and related agencies shall promulgate regulations guiding the operation of functional zones within the Southeast Nghe An Economic Zone in accordance with their respective functions, tasks, and authorities.

Article 28.

1. The Management Board of the Southeast Nghe An Economic Zone shall be established by the Prime Minister upon the proposal of the Chairman of the People's Committee of Nghe An Province and the Minister of Home Affairs.

2. The Management Board of the Southeast Nghe An Economic Zone shall be a state management agency subordinate to the People's Committee of Nghe An Province to centrally and uniformly manage activities in various fields of investment, construction, and economic development in the Southeast Nghe An Economic Zone in accordance with this Regulation, planning, and implementation schedules approved by competent state authorities.

3. The Management Board of the Southeast Nghe An Economic Zone shall have: legal personality; a seal bearing the national emblem; office premises; dedicated staff; operational funding; development capital provided annually by the state budget.

4. The Director of the Management Board of the Southeast Nghe An Economic Zone shall be appointed by the Chairman of the People's Committee of Nghe An Province.

Article 29. The Management Board of the Southeast Nghe An Economic Zone shall perform the tasks and powers stipulated in this Regulation, investment laws, and other relevant laws, as well as the following tasks and powers:

1. To take the lead and coordinate with provincial functional agencies to develop general plans for submission to the People's Committee of Nghe An Province for approval by the Prime Minister; detailed plans for functional zones, land use plans, and annual investment plans for submission to the People's Committee of Nghe An Province for approval; organizing management, dissemination, guidance, inspection, and supervision of the implementation of this Regulation, plans, and schedules approved by competent state authorities.

2. To develop lists of investment projects and annual basic construction investment plans for submission to competent authorities for approval and organization of implementation.

3. To issue, adjust, and revoke: Business registration certificates; licenses for establishing representative offices and branches of foreign organizations and traders; investment certificates; investment incentives certificates; work permits for foreign nationals and overseas Vietnamese coming to work and engage in business activities; certificates of origin for goods in the Southeast Nghe An Economic Zone and other licenses and certificates authorized by competent state authorities.

4. To allocate land with land use fees, allocate land without land use fees, lease land and water surfaces to organizations and individuals requiring land use in the Southeast Nghe An Economic Zone in accordance with the corresponding provisions of the Land Law.

5. To establish price frameworks and fees for implementation in the Southeast Nghe An Economic Zone for submission to competent authorities for consideration and issuance in accordance with the law.

6. To serve as the focal point for resolving issues arising during the formation, implementation, and execution of production and business investment projects and activities in the Southeast Nghe An Economic Zone.

7. To coordinate with local authorities and related agencies to ensure that all activities in the Southeast Nghe An Economic Zone comply with this Regulation and approved plans and schedules.

8. Implement the tasks of managing and utilizing investment development capital sources within the Southeast Nghe An Economic Zone, manage construction projects funded by the state budget within the Southeast Nghe An Economic Zone in accordance with regulations.

9. Develop investment promotion programs for trade, tourism, and services, submit them to competent authorities for approval, and organize, implement, introduce, negotiate, and promote investments, trade, tourism, and services both domestically and internationally.

10. Regularly report to relevant ministries, sectors, and the People's Committee of Nghe An Province on the implementation of planning and development of the Southeast Nghe An Economic Zone.

11. Perform other tasks assigned by the People's Committee of Nghe An Province during each period.

Article 30. The People's Committee of Nghe An Province shall be responsible for:

1. Organizing the preparation of the general master plan of the Southeast Nghe An Economic Zone to submit to the Prime Minister for approval, and approving detailed plans for functional zones within the Southeast Nghe An Economic Zone.

2. Approving land use plans and detailed land use plans within the Southeast Nghe An Economic Zone; conducting land recovery and allocating land to the Management Board of the Southeast Nghe An Economic Zone to organize the implementation of construction and development of the Southeast Nghe An Economic Zone in accordance with Clause 1 and Clause 2 of Article 18 of this Regulation.

3. Setting the framework for land prices and instructing the Management Board of the Southeast Nghe An Economic Zone to determine the amount of land use fees, land lease fees; exemptions and reductions in land use fees; exemptions and reductions in land lease fees for projects within the Southeast Nghe An Economic Zone to ensure incentives for investment, in cases where land use rights are not auctioned or projects using land are not tendered, and approving financial plans and prices for cases involving auctions of land use rights or tenders for projects using land.

4. Performing state management functions over investment projects within the Southeast Nghe An Economic Zone according to approved planning; delegating authority to the Management Board of the Southeast Nghe An Economic Zone to approve domestic investment projects within its jurisdiction; submitting for approval or approving according to its jurisdiction the list of development investment projects and annual investment capital plans within the Southeast Nghe An Economic Zone.

5. Issuing specific preferential policies and incentives in accordance with current regulations to prioritize recruitment and utilization of local labor; supporting vocational training for local workforce; facilitating local workforce to work at enterprises within the Southeast Nghe An Economic Zone; encouraging and attracting highly skilled workers from other places to work at the Southeast Nghe An Economic Zone; supporting the construction of worker housing; supporting the construction of resettlement areas; supporting the development of technical and social infrastructure systems, service facilities, and public utilities in accordance with the State Budget Law; supporting investment promotion and trade promotion; supporting compensation and land clearance to accelerate investment and development in the Southeast Nghe An Economic Zone.

6. Directing and organizing for local government levels and provincial functional agencies to cooperate with the Management Board of the Southeast Nghe An Economic Zone to carry out compensation, land clearance, and implement measures to ensure security, social order, and safety, creating favorable conditions for enterprises within the Southeast Nghe An Economic Zone to operate smoothly.

7. Providing administrative operation funds, public service funds, and development investment capital for the Management Board of the Southeast Nghe An Economic Zone from the provincial budget of Nghe An Province according to the annual plan.

8. Directing provincial functional agencies to coordinate and facilitate the Management Board of the Southeast Nghe An Economic Zone to fully perform the tasks and powers stipulated in this Regulation; coordinating with relevant ministries and sectors in organizing implementation and management to ensure rapid and sustainable development of the Southeast Nghe An Economic Zone.

Article 31.

1. Ministries, ministerial-level agencies, agencies under the Government, and the People's Committee of Nghe An Province within their respective functions, tasks, and authorities shall perform state management tasks regarding industries, fields, and territories within the Southeast Nghe An Economic Zone; delegate and guide the Management Board of the Southeast Nghe An Economic Zone to perform some state management tasks in fields such as investment construction, planning, natural resource management and environment, urban management and development, land management, labor, import and export, and other fields as prescribed by law and this Regulation, following the principle of "one-stop service" to create favorable conditions for investment and business activities of organizations and individuals both domestically and internationally within the Southeast Nghe An Economic Zone and meet the requirements for development of the Southeast Nghe An Economic Zone.

2. For fields that are not delegated or authorized to the Management Board of the Southeast Nghe An Economic Zone: ministries, ministerial-level agencies, and the People's Committee of Nghe An Province shall perform state management functions over the Southeast Nghe An Economic Zone by organizing subordinate units located within the Southeast Nghe An Economic Zone and establishing coordination mechanisms with the Management Board of the Southeast Nghe An Economic Zone to exercise the delegated authority.

Article 32. The customs office of the Southeast Nghe An Economic Zone shall supervise and manage goods circulation between the customs area, non-customs area, and foreign countries, and goods circulation between the non-customs area and the remaining territory of Vietnam.

Chapter VII

IMPLEMENTING PROVISIONS

Article 33. Other provisions related to the activities, rights, and obligations of domestic and foreign organizations and individuals engaged in production, trading of goods and services, and enterprises investing in and operating infrastructure within the Southeast Nghe An Economic Zone, which are not specified in this Regulation, shall be implemented in accordance with corresponding provisions of laws on investment, enterprises, cooperatives, customs, land, construction, trade, environmental protection, taxation, and other legal provisions of Vietnam and international treaties to which Vietnam is a member.

Article 34. The incentives provided for domestic and foreign organizations and individuals engaged in the production and business of goods and services in the Northeast Nghe An Economic Zone under this Regulation shall be applicable to domestic and foreign organizations and individuals who have been involved in the production and business of goods and services in the Northeast Nghe An Economic Zone prior to the issuance date of this Regulation for the remaining incentive period starting from the effective date of this Regulation./.