Decision No. 98/2009/QD-TTg stipulates the functions, tasks, powers, and organizational structure of the Management Board of Hoa Lac High-Tech Park under the Ministry of Science and Technology.

Pursuant to …;

||| Regulations on functions, tasks, powers, and organizational structure of

The Management Board of Hoa Lac High-Tech Park under the Ministry of Science and Technology

_____________________________

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the High Technology Law dated November 13, 2008;
Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;
Pursuant to Decree No. 28/2008/NĐ-CP dated March 14, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;
Pursuant to Decree No. 99/2003/NĐ-CP dated August 28, 2003 of the Government promulgating the Regulation on High-Tech Zones;
Considering the proposal of the Minister of Science and Technology,

DECISION:

Article 1. Position and Functions

1. The Management Board of Hoa Lac High-Tech Park (hereinafter referred to as the Management Board) is an agency directly under the Ministry of Science and Technology, performing state management functions directly over Hoa Lac High-Tech Park (hereinafter referred to as the High-Tech Park) in accordance with the provisions of the law.

2. The Management Board is equivalent to a General Department, having legal personality, bearing the State Emblem seal, being a first-level budget unit, receiving annual plan targets and operating funds from the state budget, and having its headquarters in Hanoi City.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

The Management Board shall perform the following tasks and powers:

1. Drafting and submitting to the Minister of Science and Technology for submission to the Government and the Prime Minister for approval or issuance:

a) Planning and annual development plans for five years and long-term planning for the High-Tech Park;

b) Mechanisms and preferential policies for the High-Tech Park that are suitable to the actual conditions of development during each period and in accordance with the provisions of the law;

c) Recruitment mechanisms and special incentive policies for cadres, civil servants, public officials, and workers employed at the Management Board.

2. To submit to the Minister of Science and Technology for approval, decision-making, or issuance;

a) Group A projects using state budget funds, ODA projects, and funds received for investment development of the High-Tech Park in accordance with the provisions of law;

b) Legal normative documents and other documents concerning the High-Tech Zone.

3. Prepare investment development plans and annual budget estimates (for development investment and regular expenses) to be submitted to the Ministry of Planning and Investment and the Ministry of Finance for consolidation in accordance with the laws on the state budget.

4. Propose competent state authorities to decide on the framework and rates of prices, fees, and charges at the High-Tech Park in accordance with the provisions of the law.

5. Organize the implementation and inspection of the execution of regulatory documents, policies, plans, programs, projects, and programs within the High-Tech Park after they have been approved or issued by competent authorities.

6. Issue guidance documents on specialized matters, internal regulations in accordance with the provisions of the law.

7. Regarding planning and development management:

a) Managing and organizing the implementation of the overall urban planning after it has been approved by the Prime Minister;

b) Organizing the preparation, approval, management, supervision, and implementation of detailed construction planning for functional zones;

c) Issuing, adjusting, and revoking construction planning certificates for investment projects within the High-Tech Park.

d) To organize the implementation of the development plan for the High-Tech Zone after it has been approved by competent authorities.

8. Regarding investment promotion, investment management, and construction:

a) Organizing activities to promote investment, trade, and domestic and international publicity to attract capital investments into the High-Tech Park;

b) Directing and organizing the implementation of construction projects funded by the state budget in accordance with the provisions of the law;

c) Being the investor of construction projects funded by the state budget assigned to manage;

d) Deciding on investment in infrastructure technical construction projects, exercising the powers of the investment decision-maker for projects classified as Group B and C according to the分级授权或科技部部长的委托；管理使用国家预算资金的A、B、C类项目，以及利用官方发展援助（ODA）资金和接受的援助资金（如有）在高科技园区进行的投资项目；根据法律规定签订BOT、BTO、BT合同；

đ) Providing approval for the basic design of investment projects within the High-Tech Park based on the overall planning, detailed planning, and in accordance with the provisions of the law;

e) Being the focal point for receiving and managing the use of ODA funds for the construction of infrastructure in the High-Tech Park.

9. Issuing, reissuing, adjusting, extending, and revoking the following certificates and permits:

a) Investment certificate;

b) Permit for establishing representative offices of domestic and foreign organizations and individuals;

c) Construction permit;

d) Work permit for foreigners and overseas Vietnamese working in the High-Tech Park; work book for Vietnamese workers working in the High-Tech Park;

đ) Certificate of origin;

e) Other permits and certificates as prescribed by law.

10. Regarding land management and use:

a) Being allocated land (including both land and water surface) once to organize the construction and development of the High-Tech Park in accordance with the provisions and approved purposes by competent state authorities; allocating land to investors for lease in accordance with the law;

b) Cooperating with local authorities and relevant agencies to implement compensation and clearance of land within the High-Tech Park;

c) Organizing the preparation of detailed land use planning and detailed land use plans for the High-Tech Park in accordance with the law;

d) For cases where land is reallocated or leased without public auction of land use rights or bidding for projects using land: deciding on the amount of land use fee, land lease fee, reduction or exemption of land use fee, land tax (unimproved land) for each project within the High-Tech Park based on the price framework issued by competent state authorities; deciding on the amount of fees for public infrastructure works invested by the state budget when reallocating or leasing land;

đ) Organizing the public auction of land use rights and bidding for projects using land for investment projects subject to bidding or auction within the High-Tech Park;

e) Agreeing with infrastructure business enterprises on the pricing for leasing land that has been built with technical infrastructure, various service fees, and charges in accordance with the law.

11. Regarding management and protection of natural resources and the environment:

a) Approving environmental impact assessment reports and confirming environmental protection commitments for investment projects within the High-Tech Park in accordance with the delegation and the provisions of the law;

b) Cooperating with the Ministry of Natural Resources and Environment in managing and inspecting the implementation of measures to protect natural resources and the environment within the High-Tech Park; recommending competent authorities to handle violations of laws in the field of natural resources and the environment.

12. Regarding management of services and ensuring security and order:

a) Managing exploitation, business, service activities, and the use of investment works; directly managing, exploiting, using, maintaining, and servicing public technical infrastructure works invested by the state within the High-Tech Park;

b) Approve price levels, fees, and charges applicable in the High-Tech Zone according to authorization and collect, manage, and use such fees and charges in accordance with the provisions of the law;

c) Take the lead and coordinate with local authorities and relevant agencies to issue regulations ensuring security, public order, fire prevention, firefighting, and cultural living habits during the construction, management, and exploitation of facilities within the High-Tech Zone.

13. Regarding organization and management of activities for high-tech business incubation:

a) Decide on areas of technology incubation, incubation targets, and incubation forms in accordance with the provisions of the law;

b) Decide on forms of support for organizations and individuals participating in business incubation in accordance with the provisions of the law.

14. Cooperate with domestic and foreign organizations and individuals in accordance with the provisions of the law.

15. Register labor regulations, collective labor agreements, wage scales, salary tables, plans for sending employees abroad for internships under ninety days for businesses; report to competent state agencies about the situation of signing, using, and terminating labor contracts of businesses.

16. Organize and support human resource training within the High-Tech Zone; establish technical skill standards, conduct examinations, and issue certificates based on these standards.

17. Manage organizational structure, staffing, and training for officials, civil servants, public servants, and employees working at the Management Board in accordance with the provisions of the law.

18. Coordinate with state management agencies to inspect and supervise enterprises within the High-Tech Zone in implementing legal provisions; resolve complaints, accusations, prevent corruption, waste, and negative practices, and handle violations of the law within the scope of state management in accordance with the provisions of the law.

19. Manage and use financial resources and assets assigned in accordance with the provisions of the law.

20. Be authorized to open accounts at the treasury to collect funds recovered from state budget investments (if any), other revenues for maintenance, repair, and reinvestment in the High-Tech Zone as decided by competent state agencies.

21. Serve as the focal agency for science and technology planning; approve and direct units under the Management Board to implement research topics and projects, apply scientific and technological progress.

22. Regularly and urgently report to the Prime Minister, the Minister of Science and Technology, and related ministries and agencies on the investment, construction, development, management, and operation of the High-Tech Zone.

23. Implement administrative reform in the High-Tech Zone according to the program and plan of administrative reform of the Ministry of Science and Technology.

24. Perform other tasks and powers delegated by the Minister of Science and Technology and as provided by law.

Article 3. Organizational Structure

1. Administrative organizations assisting the Director of the Management Board in performing state management functions:

a) Office;

b) Planning - Finance Department;

c) Investment Support Department;

d) Planning, Construction, and Environment Department.

The organizations specified from point a to point d of this clause may be organized into divisions. The establishment of divisions shall be decided by the Director of the Management Board after obtaining approval from the Minister of Science and Technology.

2. Public service units:

a) Training Center;

b) Comprehensive Service Center;

c) High-Tech Business Incubation Center;

d) Project Management and Infrastructure Exploitation Board.

3. Based on the requirements and tasks in each period, the Director of the Management Board shall submit to the competent authority for decision or decide to establish project management and construction boards as public service units in accordance with the provisions of the law.

Article 4. Leadership

1. The Management Board has a Director and not more than three Deputy Directors. The Director of the Management Board may concurrently hold the position of Deputy Minister of Science and Technology.

2. The Director and Deputy Directors are appointed, relieved of duty, or dismissed by the Minister of Science and Technology in accordance with the provisions of the law.

3. The Director of the Management Board specifies the functions, duties, and powers of subordinate administrative organizations and public service units.

4. The Director of the Management Board is responsible before the Minister of Science and Technology and the law for all activities of the Management Board. Deputy Directors are responsible before the Director and the law for the areas of work assigned to them.

Article 5. Effectiveness and Responsibility for Implementation

1. This Decision takes effect from September 15, 2009.

2. Abolish Articles 2, 3, 4, and 5 of Decision No. 10/2000/QĐ-TTg dated January 18, 2000 of the Government Chairman regarding the establishment of the Management Board of the Hoa Lac High-Tech Zone under the Ministry of Science, Technology, and Environment, and previous provisions contrary to this Decision.

3. Ministers, heads of ministerial-level agencies, heads of government agencies, Chairmen of the People's Committees of Hanoi City, and the Director of the Hoa Lac High-Tech Zone Management Board are responsible for implementing this Decision./.