Laws of Vietnam

DECISION No.969-TTg OF DECEMBER 28, 1996 OF THE PRIME MINISTER ON THE ESTABLISHMENT OF THE BOARD FOR THE MANAGEMENT OF INDUSTRIAL ZONES OF VIETNAM

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government of September 30, 1992;

DECIDES:

Article 1.- To establish the Board for the Management of Industrial Zones of Vietnam to assist the Prime Minister in directing the preparation, construction, development and management of industrial parks, export processing zones and high-tech zones already planned and ratified.

The Board for the Management of Industrial Zones of Vietnam is placed under the direct management of the Prime Minister. The Board is entitled to use a seal bearing the National Emblem.

Article 2.- The Board for the Management of Industrial Zones of Vietnam has the following tasks and powers:

1. To coordinate with the Ministries, the ministerial-level agencies, the agencies attached to the Government (hereunder referred to as Government agencies) and the People’s Committees of the provinces and cities directly under the Central Government (hereunder referred to as the provincial People’s Committees) in the elaboration of legal documents, policies, general plans and plans related to the construction, development and management of industrial parks, export processing zones and high-tech zones (hereunder referred to as industrial zones), projects of investment in infrastructure construction outside the industrial zones to match the construction of structures inside such industrial zones.

To urge the Government agencies and the provincial People’s Committees to issue within their respective jurisdiction specific regulations on the management of industrial zones or on issues relating to the industrial zones (planning, land, natural resources, environment, technology, labor force, finance, export and import, services in industrial zones).

2. To take part in the evaluation of the general planning of the industrial zones or to supplement or amend such planning and the projects of investment in the industrial zones.

3. To coordinate with the Government agencies, the provincial People’s Committees in submitting to the Prime Minister for decision the list of branches and fields the development of which is encouraged and the list of those banned from or restricted in investment in each industrial zone.

4. To submit to the Prime Minister for settlement the petitions of Government agencies, provincial People’s Committees and the provincial boards for management of industrial zones regarding matters related to the industrial zones.

5. To be empowered by the Prime Minister to perform the following tasks:

a) Monitoring and supervising the Government agencies, the provincial People’s Committees, the provincial boards for management of industrial zones and production and business establishments operating in industrial zones in the observance of laws and policies on the construction, development and management of industrial zones. Proposing to the concerned agencies or the Prime Minister to handle violations or acts contrary to the State laws and policies whenever they are detected.

b) Coordinating with the Government agencies and the provincial People’s Committees in settling or submitting to the Prime Minister for decision issues concerning many branches and localities in the process of construction, development and management of the industrial zones.

c) To be empowered by the Prime Minister to promptly settle newly arising issues concerning industrial zones and take responsibility before the Prime Minister for such issues.

6. To pass the instructions of the Prime Minister to the Government agencies, the provincial People’s Committees and the provincial boards for the management of industrial zones on the issues of industrial zones and those related to industrial zones.

To be entitled to send representatives to attend meetings of the Government, the Prime Minister, the Government agencies and the provincial People’s Committees on the construction, development and management of industrial zones.

To be entitled to receive documents from the Government, the Prime Minister; to be provided by the Government agencies and the provincial People’s Committees with necessary documents and information relating to industrial zones.

To organize the dissemination of laws and policies on investment in industrial zones, to promote the investment in each industrial zone on the national scale.

7. To make preliminary and general reviews of and periodical or irregular reports to the Prime Minister on the construction, development and management of industrial zones.

Article 3.- The organizational apparatus of the Board for Management of Industrial Zones of Vietnam shall be composed of:

1. The Chairman and Vice Chairmen. The Chairman shall be answerable to the Prime Minister for the entire operation of the Board and the direction of the operation of provincial boards for management of industrial zones. The Vice Chairmen shall be responsible for their assigned tasks.

The Chairman and the Vice-Chairmen shall be appointed by the Prime Minister at the proposal of the Minister-Chairman of the Government Commission on Organization and Personnel.

2. The Board for Management of Industrial Zones of Vietnam shall have an assisting apparatus decided by the Prime Minister at the proposal of the Chairman of the Board after consulting the Minister-Chairman of the Government Commission on Organization and Personnel.

3. The Board for Management of Industrial Zones of Vietnam shall have its own staff and operating fund (which are included in the payroll and operating fund of the Office of the Government), the headquarters and working facilities of the Board shall be decided by the Office of the Government.

Article 4.- The relationship of the Board for Management of Industrial Zones of Vietnam with the Government agencies, the provincial People’s Committees and the provincial boards for management of industrial zones:

1. With the Government agencies and the provincial People’s Committees:

a) Agencies and/or local administrations shall deal with issues relating to the construction, development and management of industrial zones if such issues come within their respective jurisdiction and responsibility.

b) The Government agencies and the provincial People’s Committees shall have to coordinate with the Board for Management of Industrial Zones of Vietnam in directing the construction, development and management of the industrial zones and authorize the provincial boards for management of industrial zones to perform some tasks concerning the State management over industrial zones.

c) The provincial People’s Committees shall have to directly manage and settle within their respective jurisdiction issues concerning the industrial zones in their respective localities.

2. The Board for Management of Industrial Zones of Vietnam shall act as the coordinator among branches, localities and the provincial boards for management of industrial zones in assisting the Prime Minister to organize the synchronous excercise of the State management over industrial zones; shall take the initiative in coordinating with the Government agencies and the provincial People’s Committees to settle issues relating to the operation of the provincial boards for management of industrial zones.

3. The provincial boards for management of industrial zones shall have to strictly comply with provisions of legal documents regarding industrial zones, assist the provincial People’s Committees in performing a number of tasks of State management over industrial zones and be answerable to the provincial People’s Committees and the Board for Management of Industrial Zones of Vietnam for the tasks assigned by these agencies.

Article 5.- This Decision takes effect from the date of its promulgation and replaces Decision No.595-TTg of August 27, 1996 of the Prime Minister on the establishment of the Managing Office of Industrial Parks.

Article 6.- The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, the Presidents of the People’s Committees of the provinces and cities directly under the Central Government, the Chairman of the Board for Management of Industrial Zones of Vietnam, the heads of the provincial boards for management of industrial zones shall have to implement this Decision.

The Prime Minister