Chương V: Quản lý nhà nước đối với khu công nghệ cao

Chapter V

STATE MANAGEMENT OF HI-TECH PARKS

Article 40. Contents of state management of hi-tech parks

1. Development and directive on the orientation of the construction of hi-tech parks in the regional planning, scheme to develop hi-tech parks in the provincial planning, and plans to invest in the construction and development of hi-tech parks.

2. Issuance, guidelines, popularization, and implementation of policies, laws, and technical standards and regulations concerning the establishment, investment, construction planning, construction, land, environmental protection, science and technology, labor, security, order, firefighting and fire prevention, and other operations of hi-tech parks; development and management of the national system of information on hi-tech parks.

3. Organization of state management operations and performance of administrative procedures and support services concerning hi-tech operations, investment, production, and business of investors, organizations, and individuals in hi-tech parks.

4. Supervision, assessment, inspection, and violation handling and assessment of operational aspects and investment effectiveness of hi-tech parks; provision of information, guidelines, support, and timely handling of arising difficulties; settlement of complaints and denunciations and commendation during the establishment and development of hi-tech parks.

5. Organization of the promotion of investment in hi-tech parks; international integration of science and technology and international cooperation in high technologies and hi-tech parks.

6. Organization of the apparatus and provision of training and advanced training for hi-tech park management authorities.

Article 41. State management responsibilities for hi-tech parks

1. The Government of Vietnam shall consistently carry out the state management of hi-tech parks nationwide based on the assignment of specific tasks and entitlements of each ministry, ministerial agency, provincial People's Committee, and hi-tech park Management Board according to this Decree; direct the development and implementation of planning and development plans and promulgate policies and legislative documents on hi-tech parks.

2. Prime Minister of Vietnam shall:

a) Direct ministries, ministerial agencies, provincial People’s Committees, and Management Boards of hi-tech parks to implement laws and policies on hi-tech parks;

b) Decide on the establishment, expansion, and promulgation of operational principles of hi-tech parks; decide on the establishment of Management Boards of hi-tech parks unless otherwise prescribed by laws; approve and adjust master planning for the construction of hi-tech parks;

c) Direct the handling and settlement of difficulties during the investment, establishment, operation, and management of the operations of hi-tech parks that exceed the jurisdiction of ministries, ministerial agencies, and provincial People's Committees.

3. Ministries, ministerial agencies, and provincial People’s committees, within their scope of assigned functions, tasks, and entitlement, shall:

a) Carry out the state management of fields, sectors, and territorial administration for hi-tech parks within their jurisdiction;

b) Guide and stipulate the decentralization or authorization for Management Boards of hi-tech parks to carry out state management tasks under their jurisdiction according to this Decree and relevant laws.

The decentralization and authorization shall comply with the principles of ensuring stability, facilitating the implementation of the “on-the-spot single-window” administrative regulation, supporting investors in business investment in hi-tech parks, and conforming with the capacity and organizational qualifications of Management Boards of hi-tech parks;

c) Regarding state management tasks not subject to decentralization or authorization according to Point b of this Clause, ministries, ministerial agencies, and provincial People’s Committees shall direct the development of cooperative regulations between their affiliates and Management Boards of hi-tech parks during the implementation to ensure the effectiveness of the state management of hi-tech parks;

d) Inspect, supervise, and handle violations under their state management for Management Boards of hi-tech parks and investors carrying out investment projects at hi-tech parks.

Article 42. State management entitlements and responsibilities of Ministry of Science and Technology of Vietnam

1. Assist the Government of Vietnam in consistently carrying out the state management of hi-tech parks.

2. Take charge and cooperate with provincial People’s Committees and relevant authorities in presenting the Prime Minister of Vietnam with decisions to establish, expand, and promulgate operational principles of hi-tech parks for hi-tech parks prescribed in Article 31 of the Law on High Technologies.

3. Take charge and cooperate with ministries, ministerial agencies, provincial People’s Committees, Management Boards of hi-tech parks, and relevant organizations in carrying out state management tasks of hi-tech parks prescribed in Article 31 of the Law on High Technologies:

a) Developing legislative documents and policies on the management and development of hi-tech parks for presentation to competent state authorities for promulgation or promulgation under their jurisdiction;

b) Developing and implementing international cooperation and international integration concerning science and technology for hi-tech parks;

c) Developing databases and national systems of information on hi-tech parks in the system of national databases on science and technology; promulgating regulations on reports on hi-tech parks; providing information on hi-tech parks for concerned authorities of the Government of Vietnam; guiding the development of the criteria for the assessment of the results and effectiveness of science and technology and socio-economy of hi-tech parks;

d) Proposing contents of the promotion of investment in hi-tech parks in the National Investment Promotion Program for submission to the Ministry of Planning and Investment of Vietnam for summary; providing suggestions on the list of projects on attraction of investment in hi-tech parks for provincial People's Committees; cooperating in developing and implementing international cooperation and international integration concerning science and technology for hi-tech parks;

dd) Providing relevant guidelines, training, and advanced training for Management Boards of hi-tech parks;

e) Cooperating in supervising and inspecting the investment in the construction, development, and operation of hi-tech parks;

g) Summarizing construction and development results and socio-economic effectiveness of hi-tech parks.

4. Collect suggestions from the Prime Minister of Vietnam on approval for technologies and products of projects on investment in hi-tech research and development facilities prescribed in Point b Clause 2 Article 29 of this Decree; cooperate with the Ministry of Agriculture and Rural Development of Vietnam in collecting suggestions from the Prime Minister of Vietnam on approval for technologies and products of projects on investment in hi-tech application research facilities prescribed in Point b Clause 2 Article 36 and Point a Clause 2 Article 38 of this Decree in case such technologies or products are new and advanced technologies not included in the list of high technologies prioritized for development investment or the list of hi-tech products encouraged for development enclosed with decisions of the Prime Minister of Vietnam.

5. Cooperate with the Ministry of Construction of Vietnam, Ministry of Natural Resources and Environment of Vietnam, Ministry of Labor – War Invalids and Social Affairs of Vietnam, Ministry of Industry and Trade of Vietnam, and relevant ministries and authorities in providing guidelines on the decentralization and authorization for Management Boards of hi-tech parks regarding state management jurisdiction over hi-tech parks prescribed in Article 31 of the Law on High Technologies.

Article 43. State management entitlements and responsibilities of Ministry of Agriculture and Rural Development of Vietnam 

The Ministry of Agriculture and Rural Development of Vietnam shall have the following state management entitlements and responsibilities for hi-tech application agricultural parks prescribed in Article 32 of the Law on High Technologies:

1. Take charge and cooperate with provincial People’s Committees and relevant authorities in presenting the Prime Minister of Vietnam with decisions to establish, expand, and promulgate operational principles of hi-tech application agricultural parks. 

2. Take charge and cooperate with ministries, ministerial agencies, provincial People’s Committees, Management Boards of hi-tech parks, and relevant organizations in:

a) Developing legislative documents and policies on the management and development of hi-tech application agricultural parks;

b) Proposing contents of the promotion of investment in hi-tech application agricultural parks in the National Investment Promotion Program for submission to the Ministry of Planning and Investment of Vietnam for summary; providing suggestions on the list of projects on attraction of investment in hi-tech application agricultural parks for provincial People's Committees; cooperating in developing and implementing international cooperation and international integration concerning science and technology for hi-tech application agricultural parks;

c) Promulgating regulations on reports on hi-tech application agricultural parks; providing information on hi-tech application agricultural parks for concerned authorities of the Government of Vietnam; taking charge and cooperating with the Ministry of Science and Technology of Vietnam in developing databases and national systems of information on science and technology and guiding the development of the criteria for the assessment of the results and effectiveness of science and technology and socio-economy of hi-tech application agricultural parks;  

d) Providing relevant guidelines, training, and advanced training for Management Boards of hi-tech parks;

dd) Cooperating in supervising and inspecting the investment in the construction, development, and operation of hi-tech application agricultural parks;

e) Summarizing construction and development results and socio-economic effectiveness of hi-tech application agricultural parks.

3. Take charge and cooperate with the Ministry of Science and Technology of Vietnam in collecting suggestions from the Prime Minister of Vietnam on approval for the technologies of projects on investment in hi-tech application research facilities prescribed in Point b Clause 2 Article 36 of this Decree and projects on investment in the application of high technologies to the production of hi-tech products prescribed in Point a Clause 2 Article 38 of this Decree in case such technologies are new and advanced technologies not included in the list of high technologies prioritized for development investment enclosed with decisions of the Prime Minister of Vietnam.

4. Cooperate with the Ministry of Construction of Vietnam, Ministry of Natural Resources and Environment of Vietnam, Ministry of Labor – War Invalids and Social Affairs of Vietnam, Ministry of Industry and Trade of Vietnam, and relevant ministries and authorities in providing guidelines on the decentralization and authorization for Management Boards of hi-tech parks regarding state management jurisdiction over hi-tech application agricultural parks.

Article 44. State management entitlements and responsibilities of ministries and ministerial agencies  

Ministries and ministerial agencies shall, aside from the state management entitlements and responsibilities for hi-tech parks prescribed in Clause 3 Article 41 of this Decree, have the following entitlements and responsibilities:

1. The Ministry of Planning and Investment of Vietnam shall take charge and cooperate with the Ministry of Science and Technology of Vietnam and the Ministry of Agriculture and Rural Development of Vietnam in developing plans, policies, solutions, and resources to implement the development orientation of hi-tech parks subject to regional planning; developing and implementing plans and national programs on investment promotion and regulating inter-regional and inter-provincial investment promotion operations, which include the promotion of investment in hi-tech parks.

2. The Ministry of Finance of Vietnam shall provide guidelines on the implementation of Clause 5 Article 14 of this Decree.

3. The Ministry of Home Affairs of Vietnam shall take charge of the appraisal for establishment or re-organization schemes for Management Boards of hi-tech parks in case such Management Boards are established by the Prime Minister of Vietnam.

4. The Ministry of Labor – War Invalids and Social Affairs of Vietnam shall provide guidelines on the implementation of Clause 12 Article 47 of this Decree.

5. The Ministry of Industry and Trade of Vietnam shall instruct and authorize Management Boards of hi-tech parks to issue certificates of origin for goods produced at hi-tech parks if the requirements for authorization are met.

6. The Ministry of Construction of Vietnam shall provide guidelines on the implementation of the state management of construction planning; development, operation management, use, handover of the system of technical infrastructures, and provision of technical infrastructure services; construction of works in hi-tech parks.

7. The Ministry of Public Security of Vietnam shall guide and direct the implementation of security and order assurance, firefighting and fire prevention, entry, exit, and residence of foreigners in hi-tech parks.

8. The Inspectorate of the Government of Vietnam shall cooperate with relevant ministries, central authorities, and provincial People’s Committees in inspecting, handling violations, settling denunciations and complaints, and preventing and combating corruption in hi-tech parks as prescribed by laws.

Article 45. State management responsibilities of provincial People’s Committees

1. Propose orientations of the development of hi-tech parks subject to regional planning; take charge of the development of schemes to develop hi-tech park systems subject to provincial planning; direct the implementation after the approval for regional and provincial planning.

2. Formulate applications for establishment or expansion of hi-tech parks; establishment or re-organization of Management Boards of hi-tech parks.

3. Regarding a hi-tech park with its construction of the system of technical infrastructures invested in by the state budget wholly or partly: develop plans for development investment in the hi-tech park, propose support capital from the central budget for investment in the construction of the hi-tech park; develop estimates and allocate local budget for expenditures on investment, construction, investment support, and assurance of operations of the hi-tech park and present them to the provincial People’s Council for decisions; mobilize other legal capital sources for investment in the construction and development of the hi-tech park.  

4. Appoint and dismiss titles of Heads and Vice Heads of Management Boards of hi-tech parks.

5. Develop plans and planning and organize investment in the construction of the system of technical and social infrastructures outside of the fences of hi-tech parks to ensure consistent connection and conformity with the scale and progress of the operations of hi-tech parks.

6. Take charge and cooperate with the Ministry of Construction of Vietnam (in case of inter-provincial hi-tech parks and master construction planning are subject to the approval jurisdiction of the Prime Minister of Vietnam) formulating, adjusting, disclosing, and directing the development of programs and plans and implementing the planning for the construction of hi-tech parks subject to the administrative boundaries under their management according to construction laws.

7. Decide to allocate land to Management Boards of hi-tech parks for management of the construction and development of hi-tech parks according to the approved construction planning; direct the expropriation of land, compensation, support, and resettlement for site clearance for hi-tech parks according to land laws.

8. Lease land and direct the implementation of investment projects for projects on investment in infrastructure construction and business during the period when Management Boards of hi-tech parks are yet to be established according to investment laws.

9. Promulgate policies and allocate investment support sources to attract investment and personnel sources to hi-tech parks according to their jurisdiction and prioritize projects and operations in hi-tech parks participating in local support programs on science and technology, high technologies, and innovative entrepreneurship; propose operations for inclusion in the national program on investment promotion; develop and implement programs and plans for the promotion of investment, cooperation, and international integration concerning science and technology for hi-tech parks.

10. Disclose lists of projects on attraction of investment in hi-tech parks in each period.

11. Direct and organize the implementation of state management tasks at hi-tech parks and promulgate and supervise the implementation of regulations on cooperation between Management Boards of hi-tech parks and authorities of provincial People's Committees; carry out the decentralization and authorization or direct the authorization for Management Boards of hi-tech parks in the fields of science and technology, planning, construction, land, investment, environmental protection, labor, occupational safety and hygiene, food safety, firefighting and prevention, security and order, and other operations, and carry out the inter-connected settlement of administrative procedures and other operations in hi-tech parks as prescribed by laws.

12. Carry out the comprehensive supervision and assessment of investment in hi-tech parks according to investment and public investment laws and relevant laws; implement regulations on reports on investment, operational aspects, and investment effectiveness of hi-tech parks.

13. Inspect, handle violations, settle denunciations and complaints, and provide commendations; guide, support, and promptly solve arising difficulties; regarding issues exceeding their jurisdiction, cooperate with ministries and ministerial agencies in settling them or presenting them to the Prime Minister of Vietnam or the Government of Vietnam for consideration and decisions.

14. Implement regulations on reports and summarize operations of hi-tech parks and other state management entitlements and tasks of hi-tech parks, and roles of governing bodies for Management Boards of hi-tech parks in their areas according to this Decree and laws.

Bài viết liên quan