Chương 2 Nghị định 154/2013/NĐ-CP: Thành lập, mở rộng khu công nghệ thông tin tập trung

Chapter 2.

ESTABLISHMENT AND EXPANSION OF THE CONCENTRATED INFORMATION TECHNOLOGY PARKS

Article 8. Overall planning on development of the concentrated information technology parks

1. The Ministry of Information and Communications shall assume the prime responsibility for, and coordinate with Ministries, sectors and People’s Committees of provinces and central-affiliated cities (hereinafter collectively referred to as the provincial People’s Committees) in formulating and submitting the Prime Minister for approving the overall planning on development of the concentrated information technology parks.

2. The overall planning on development of the concentrated information technology park is basis to consider the establishment, expansion of the concentrated information technology parks; to formulate the planning, detailed planning, plan on investment in development of the technical and social infrastructural system in serve of development of the concentrated information technology parks.

3. The formulation and supplementation of the overall planning on the concentrated information technology parks are based on the following principles:

a) They must conform to the plan on economic-social development, the land use plan of localities; regional and urban construction plan; technical infrastructure plan; plan on minerals and other natural resources. In which, the land area which has been planned for construction of industrial parks, economic zones and other zones is prioritized for construction of the concentrated information technology parks;

b) There are advantaged conditions or ability to build the system of technical infrastructure and social infrastructure, synchronous implementation and close combination between the overall planning on development of the concentrated information technology park with the plan on urban development, distribution of residents, houses and social works for employees working in the concentrated information technology parks;

c) There are full conditions for development of the concentrated information technology parks include:

- To have reserve land fund for development;

- To have ability to attract investment capital of domestic and foreign investors;

- To have ability to supply and satisfy the labor demand;

- To have linkage with centers of training human resource in information technology and centers of research and development in information technology;

d) To ensure requirements on defense and security.

Article 9. Conditions for establishment and expansion of the concentrated information technology parks

1. Conditions for establishment of the concentrated information technology parks include:

a) To conform to the approved overall planning on development of the concentrated information technology parks;

b) The functions and tasks of the concentrated information technology park must conform to provisions in Article 4 of this Decree;

c) The concentrated information technology parks which are operating on geographical area have land area of subdivision group for functions and tasks of the concentrated information technology parks already been leased, subleased a percentage of not less than 60% minimally.

2. Conditions for expansion of the concentrated information technology parks include:

a) The infrastructural system of the concentrated information technology parks have been basically invested completely under the detailed construction planning;

b) Land area of the subdivision group that perform functions and tasks of the concentrated information technology parks have been leased, subleased a percentage of not less than 70% minimally.

Article 10. The competence and orders of establishment and expansion of the concentrated information technology parks

1. The Prime Minister shall decide the establishment and expansion of the concentrated information technology parks.

2. Dossiers of establishment of the concentrated information technology parks are prepared in accordance with Article 11 of this Decree;

3. Dossiers of expansion of the concentrated information technology parks are prepared in accordance with Article 12 of this Decree.

4. Case of establishment or expansion of a concentrated information technology park that has not yet been included in the approved overall planning on development of the concentrated information technology parks, the provincial People’s Committee shall conduct procedures for submission to supplement such concentrated information technology park as prescribed in Article 8 and Article 13 of this Decree.

Article 11. Dossier of establishment of the concentrated information technology park

1. Dossier of establishment of the concentrated information technology park includes:

a) Report of the provincial People’s Committee submitted to the Prime Minister for the establishment of the concentrated information technology parks.

b) Scheme on establishment of the concentrated information technology park includes the following principal contents:

- The necessity and legal basis of the establishment;

- Report analyzing the ability of satisfying criteria specified in Article 5 of this Decree;

- Assessment on conditions of geography, natural, economic-social positions of the zone where is anticipated to build the concentrated information technology parks;

- Description on direction of zone development including development objectives, functions, tasks, development direction of information technology activities; development orientations of functional divisions, orientations of land use; assessment on economic-social efficiency anticipated to attain;

- Estimate of total investment, methods to mobilize capital sources for investment in construction of the system of general technical infrastructure and technical infrastructure of functional divisions;

- Solutions to organize the construction and management of the IT Park;

- The plan on zoning the IT park on the planning map;

- An authenticated copy of Decision on approving the environmental impact assessment report of project on technical infrastructure construction of the concentrated information technology parks enclosed with the approved environment impact assessment report.

2. Dossier is made into 01 set, and sent to the Ministry of Information and Communications for appraisal as prescribed in Article 14 of this Decree, to be submitted to the Prime Minister for consideration and decision.

Article 12. Dossier of expansion of the concentrated information technology parks

1. Dossier of expansion of a concentrated information technology park includes:

a) Report of the provincial People’s Committee submitted to the Prime Minister for the expansion of the concentrated information technology park.

b) Scheme on expansion of the concentrated information technology park includes the following principal contents:

- The necessity and legal basis of the expansion included citations, documents proving the conformity with conditions specified at Clause 2 Article 9 of this Decree;

- Assessment on conditions of geography, natural, economic-social positions of the zone where is anticipated to expand the concentrated information technology park;

- Description on direction of zone development including development objectives, functions, tasks, development direction of information technology activities; development orientations of functional divisions, orientations of land use; assessment on economic-social efficiency anticipated to attain;

- Estimate of total investment, methods to mobilize capital sources for investment in construction of the system of general technical infrastructure and technical infrastructure of functional divisions;

- Solutions to organize the construction and management of the park;

- The plan on zoning for expansion on the planning map;

- An authenticated copy of Decision on approving the environmental impact assessment report of project on technical infrastructure construction of the concentrated information technology park enclosed with the approved environment impact assessment report;

- The overall report on activities of the concentrated information technology park which have been performed as prescribed at point c Clause 1 Article 17 of this Decree.

2. Dossier is made into 01 set, and sent to the Ministry of Information and Communications for appraisal as prescribed in Article 14 of this Decree, to be submitted to the Prime Minister for consideration and decision.

Article 13. Dossier of supplementing a concentrated information technology park into the master plan on development of the concentrated information technology parks

1. A dossier of supplementing a concentrated information technology park into the master plan on development of the concentrated information technology parks includes:

a) A scheme on supplementing a concentrated information technology park into the master plan on development of the concentrated information technology parks includes the following principal contents:

- The necessity and legal basis of supplementation into the master plan;

- Assessment on situation of implementation and tentative directions for economic-social development, development of information technology industry on the geographical areas of province or central-affiliated city;

- Assessment on situation of construction and development of the concentrated information technology parks which have been established and planned on the geographical areas of province or central-affiliated city;

- The specific name, position, area scale, actual status, and development conditions of each concentrated information Technology Park that is anticipated to be supplemented into the master plan;

- Assessment and explanation on ability of satisfying criteria specified in Article 5 of this Decree;

- Ability to mobilize capital sources for investment in construction and development of the concentrated information technology park;

- Presentation of the plan on development of the concentrated information technology park on the planning map.

b) Report of the provincial People’s Committee submitted to the Prime Minister for supplementation of concentrated information Technology Park into the master plan on development of the concentrated information technology park.

2. Dossier is made into 01 set, and sent to the Ministry of Information and Communications for appraisal as prescribed in Article 14 of this Decree, to be submitted to the Prime Minister for consideration and decision.

Article 14. The appraisal for establishment or expansion of a concentrated information technology park or supplementation to the master plan on development of the concentrated information technology park

1. The Ministry of Information and Communications shall appraise and submit to the Prime Minister for decision on establishment or expansion of a concentrated information technology park or supplementation to the master plan on development of the concentrated information technology park.

2. The appraisal for establishment or expansion of a concentrated information technology park or supplementation to the master plan on development of the concentrated information technology park shall include the following contents:

a) Legal basis and necessity;

b) The conformity of the establishment, expansion of the concentrated information technology park; or supplementation to the master plan on development of the concentrated information technology park with the strategy on economic-social development, land use planning of localities; regional and urban construction planning, the technical infrastructure planning;

c) Objectives and criteria of establishment, expansion of a concentrated information technology park or supplementation to the master plan on development of the concentrated information Technology Park and allocation of resources;

d) Level of satisfying corresponding conditions of establishment or expansion of a concentrated information technology park or supplementation to the master plan on development of the concentrated information technology park;

dd) Solutions to perform and the feasibility of the establishment, expansion of a concentrated information technology park or supplementation to the master plan on development of the concentrated information technology park.

3. Orders of and procedures for appraisal:

a) Within 05 working days, after receiving full dossier of establishment, expansion of a concentrated information technology park or supplementation to the master plan on development of the concentrated information technology park in accordance with regulations, the Ministry of Information and Communications shall consult the relevant Ministries and sectors;

In case where a dossier fails to meet provisions stated in Article 11, Article 12 or Article 13 of this Decree, the Ministry of Information and Communications shall have document to request the provincial People’s Committee for supplementation of dossiers. Time for supplementation of dossier do not included in time for appraisal.

b) Within 10 working days, since the day of receiving document for consulting of the Ministry of Information and Communications, Ministries and sectors shall have opinions to send them to the Ministry of Information and Communications;

In necessary case, the Ministry of Information and Communications may organize a meeting with relevant Ministries and sectors, and the provincial People’s Committees for clarifying relevant matters.

c) Within 05 working days, since the day of receiving written answer of relevant Ministries and sectors, the Ministry of Information and Communications shall sum up and submit to the Prime Minister for consideration and decision.

Article 15. Time limit to ensure construction and operation, exploitation of the concentrated information technology park

Within 03 years, after being handed over land finished the ground clearance, the investor of construction of the concentrated information technology park must ensure to basically finish the infrastructure construction such as: Internal roads, system of water supply and drainage, electrical system, the sewage and environment treatment in order to supply for investors.