Laws of Vietnam

DECIDES:

Article 1.- To establish the Hoa Lac Hi-Tech Park Management Board under the Ministry of Science, Technology and Environment on the basis of the former Hoa Lac Hi-Tech Park Project Management Unit for management of the construction and development of Hoa Lac Hi-Tech Park according to the planning and tempo already approved by the Prime Minister.

The Hoa Lac Hi-Tech Park Management Board shall have the legal person status and national emblem-shaped seal; be entitled to open accounts at the State Treasury and banks.

In the immediate future, the Hoa Lac Hi-Tech Park Management Board shall be headquartered in Hanoi city.

Article 2.- The Hoa Lac Hi-Tech Park Management Board shall perform the tasks and exercise the powers in the management of the Hi-Tech Park under Article 27 and Article 50 of the Regulation on Industrial Parks, Export-Processing Zones and Hi-Tech Parks, issued together with Decree No. 36/CP of April 24, 1997 of the Government and have the following specific tasks and powers:

1. On the basis of the master plan of Hoa Lac Hi-Tech Park already approved by the Prime Minister, to elaborate and submit to the Minister of Science, Technology and Environment the detailed plannings, construction tempo and plan on development of the Hi-Tech Park, including:

- Detailed planning on the functional areas;

- Planning for development of infrastructure projects (including the relevant infrastructure projects outside the Hi-Tech Park and the dormitory for laborers working at the Hi-Tech Park);

- Planning for selection of priority technologies for investment in the Hi-Tech Park;

To manage the already approved detailed plannings.

2. To make long-term and short-term plans on development investment and operation of Hoa Lac Hi-Tech Park and submit it to the Minister of Science, Technology and Environment for decision or to the competent authorities for consideration and decision. To organize the implementation of the plans after they are approved.

3. To guide in the selection of industrial production and business lines and priority technologies for investment in Hoa Lac Hi-Tech Park in compatibility with the scientific and technological development strategies in each period.

4. To assume the prime responsibility or coordinate with the concerned agencies in supporting the mobilization for investment in Hoa Lac Hi-Tech Park.

5. To organize the granting, readjustment or withdrawal of licenses for investment in Hoa Lac Hi-Tech Park under the authorization and guidance of the Ministry of Planning and Investment; to grant export and import permits for the enterprises in Hoa Lac Hi-Tech Park under the authorization and guidance of the Ministry of Trade.

6. To assume the prime responsibility and coordinate with the concerned agencies in the management of land use and ground clearance for the implementation of Hoa Lac Hi-Tech Park construction and development project.

7. To examine and inspect the implementation of investment licenses, products-processing contracts, services-providing contracts, business contracts, scientific research contracts, experiments contracts and economic disputes at the request of the involved parties.

8. To coordinate with the State bodies in charge of labor management in the examination and inspection of the law provisions on labor contracts, collective labor agreements, labor safety and wages.

9. To manage services activities in Hoa Lac Hi-Tech Park.

10. To urge and inspect the construction of relevant infrastructure works inside and outside Hoa Lac Hi-Tech Park so as to ensure that tempo and quality are in line with the approved plannings and tempo.

11. To consult with Infrastructure Development Company of Hoa Lac Hi-Tech Park in the determi-nation of prices for sub-lease of land attached with the already built infrastructure works, and service fees according to current policies and laws.

12. To assume the prime responsibility and coordinate with the concerned agencies in organizing professional training and fostering courses for officials, public servants and laborers working in Hoa Lac Hi-Tech Park.

13. To assume the prime responsibility and coordinate with the concerned State agencies, the People’s Committee of Ha Tay province and the investors in ensuring social security, order and safety in the course of construction, management and exploitation of the works in Hoa Lac Hi-Tech Park.

14. To be entitled to cooperate with foreign organizations and individuals in the fields related to the investment in the construction and development of Hoa Lac Hi-Tech Park as assigned by the Minister of Science, Technology and Environment and according to the provisions of law.

15. To be entitled to invite representatives to attend the meetings of the Government’s agencies and the provincial People’s Committees for discussing the formulation, construction, development and management of Hoa Lac Hi-Tech Park.

16. To send periodical and annual reports on the formulation, construction, development and management of Hoa Lac Hi-Tech Park to the Ministry of Science, Technology and Environment, the Management Board of Vietnam Industrial Parks, the concerned Government’s agencies and the People’s Committee of Ha Tay province.

17. To perform a number of other tasks assigned by the Minister of Science, Technology and Environment.

18. To manage the organization, personnel, fundings and material bases of the Hi-Tech Park Management Board according to law provisions and the assignment and authorization of the Minister of Science, Technology and Environment.

Article 3.- The organizational structure of the Hoa Lac Hi-Tech Park Management Board shall consist of:

1. The head, a number of deputy-heads and members.

The Prime Minister shall appoint the Head of the Management Board at the proposals of the Minister of Science, Technology and Environment and the Minister-Head of the Government’s Commission for Organization and Personnel.

The Minister of Science, Technology and Environment shall appoint the deputy-heads and members of the Management Board at the proposal of the Head of the Hoa Lac Hi-Tech Park Management Board.

2. The organization and staff of the units attached to the Management Board shall be decided by the Minister of Science, Technology and Environment at the proposal of the Management Board’s Head; the staff of the Management Board shall be determined according to annual tasks and included in the total staff assigned to the Ministry of Science, Technology and Environment by the State.

Article 4.- Funding for operation of the Hoa Lac Hi-Tech Park Management Board shall be allocated by the State budget; the Management Board shall be entitled to collect and use a number of charges and fees in the localities as prescribed by law.

The Ministry of Science, Technology and Environment shall assume the prime responsibility and coordinate with the Ministry of Finance in elaborating financial regulation applicable to the Hoa Lac Hi-Tech Park Management Board.

Article 5.- The Head of the Hoa Lac Hi-Tech Park Management Board shall elaborate the Regulation on management of Hoa Lac Hi-Tech Park and submit it to the Minister of Science, Technology and Environment for approval.

Article 6.- This Decision takes effect 15 days after its signing for promulgation. To dissolve the Hoa Lac Hi-Tech Park Project Management Unit (PMU) established according to Clause a, Item 1, Article 4 of Decision No. 198/1998/QD-TTg of October 12, 1998.

The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the Head of the Management Board of Vietnam Industrial Parks, the President of the People’s Committee of Ha Tay province and the Head of the Hoa Lac Hi-Tech Park Management Board shall have to implement this Decision.

Prime Minister
PHAN VAN KHAI