Nghị định 22/2021/NĐ-CP về Khu kinh tế - quốc phòng

GOVERNMENT -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 22/2021/ND-CP	Hanoi, March 19, 2021

 

DECREE

ON ECONOMIC – DEFENCE ZONES

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on Amending and Supplementing certain Articles of the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on National Defence dated June 8, 2018;

Pursuant to the Law on Planning dated November 24, 2017;

Pursuant to the Law on Public Investment dated June 13, 2019;

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to the Law on Construction dated June 18, 2014; the Law on Amendments and Supplements to the Law on Construction dated June 17, 2020; 

Upon the request of the Minister of National Defence;

The Government hereby issues the Decree on economic – defence zones.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides for the construction of economic-defense zones; the organization and management of activities of economic – defense delegations; investment, financial and policy mechanisms for participants in building economic – defence zones; responsibilities of agencies and organizations in the construction and management of economic – defense zones.

Article 2. Subjects of application

1. Economic – defense delegations, military enterprises directly performing the tasks of building and managing economic – defense zones.

2. Agencies, organizations, enterprises and individuals involved in the construction and management of economic – defense zones.

3. Other agencies, organizations, enterprises and persons involved.

Article 3. Definition

For the purposes of this Decree, terms used herein shall be construed as follows:

1. Component of economic – defense zone planning is part of a national master plan, national marine spatial planning or regional planning which is formulated and sent to the agency in charge of planning by the Ministry of National Defense under the mandate of the Government and the Prime Minister to be integrated into the national master plan, the national marine spatial planning or the regional planning.

2. Economic – defense zone development plan is a written document formulated by the Ministry of National Defense to elaborate the component of an economic – defense zone that is approved by a competent authority in a national master plan or master plan, national marine spatial planning, regional planning, and serves as a basis for economic and defense delegations to implement the tasks of building the economic-defense zone.

3. Investment project in an economic-defense zone is a collection of proposals to make mid-term and long-term investments in economic-defense zones according to the approved economic-defense zone plan for a defined time period.

4. Opening a new economic-defense zone is a decision of the Minister of National Defense to permit the opening of a new economic-defense zone according to the component of the economic-defense zone planning belonging to the national master plan, national marine spatial planning, regional planning and other relevant planning approved by competent authorities in accordance with the law on planning.

5. Completed construction/development of an economic-defense zone is a decision that the Minister of National Defense issues upon completion of the goals of building an economic-defense zone.

Article 4. Objectives of construction or development of economic-defence zones

1. Consolidate national defense and security in strategic areas, borders, seas and islands, forming an all-people defense posture associated with the people's security posture, creating a firm belt in the performance of the tasks of protecting the Fatherland.

2. Arrange residential places in border, sea and island areas playing key defense and security positions in the defense posture, forming clusters, villages and communes.

3. Align the socio-economic development with consolidating national defense and security in economic-defense zones in order to step by step improve the people's material and spiritual life.

Article 5. Tasks of construction or development of economic-defence zones

1. Building strong national defense and security areas; stabilizing socio-economic development; building defensive postures in strategic areas as a solid basis for the people and other forces to participate in socio-economic development on the land, sea border lines, sea waters and islands.

2. Cooperating with the party committees and local authorities in building essential infrastructure for people to stabilize production, ensure social security; organizing, arranging population spots, places of settled cultivation and residential settlement in border areas, offshore islands and archipelagos to ensure the goals of sustainable poverty reduction and stability of national defense and security.

3. Building models of agricultural, forestry, fishery and industrial promotion and production development support to create primary elements for the economic development of goods and services; rendering services of supply of materials and consumption of products (two-way services); transferring production technology to people; organizing production for efficient exploitation of land in border areas, islands, remote and isolated areas and extremely difficult areas playing important national defense and security roles. Building economic bases in difficult seas and islands to act as bridges between the mainland and islands or archipelagos; organizing service activities at sea to support fishermen persevering in marine fishery production to increase their civil activities on the seas and islands to assert sovereignty, sovereignty right and jurisdiction at sea.

4. Carrying out public communications programs to ensure that all the people firmly grasp and duly implement the Party's guidelines and directions, the State's policies and laws; preventing and controlling propaganda sly, distortions and agitation tactics of hostile forces and illegal propaganda activities; bringing radio, television, culture and health to the grassroots level; creating conditions for ethnic minority children to go to school; providing medical care for the people; fostering and training local cadres; restoring, preserving and upholding the traditional culture of the ethnic minorities.

5. Cooperating with local forces in building an all-people defense posture in association with the people's security posture; participating in search and rescue, prevention, control, mitigation of incidents, natural disasters, epidemics, maintaining security, politics, social order and safety in border areas, sea waters or islands of the Fatherland.

Chapter II

CONSTRUCTION OF ECONOMIC – DEFENCE ZONES

Section 1. ECONOMIC-DEFENCE ZONE PLANNING COMPONENTS

Article 6. Responsibilities for formulation of economic-defence zone planning components

1. The Ministry of National Defense shall take charge of, and cooperate with concerned ministries, sectoral administrations and provincial-level People's Committees in, reviewing and formulating economic-defense zone planning components according to the provisions of Article 8 of this Decree and sending them to agencies in charge of planning to integrate into the national master plan, the national marine spatial planning and regional planning.

2. Relevant ministries, sectoral authorities and People's Committees of provinces shall cooperate with the Ministry of National Defense in formulating and evaluating economic-defense zone planning components.

3. The agency in charge of planning shall integrate the planning component of an economic-defense zone into the national master plan, national marine spatial planning and regional planning in accordance with the law on planning.

Article 7. Bases for formulation of economic-defence zone planning components

1. The task of formulating the national master plan, the national marine spatial planning, the regional planning approved by the Government and the Prime Minister.

2. Plan on national defense needs, the ability to combine national defense with socio-economic and socio-economic with national defense in peacetime, in the state of emergency and state of war.

3. Provincial planning, sectoral planning and other related planning.

4. Economic-defence zone planning in the previous period.

Article 8. Procedures for formulation of economic-defence zone planning components

The Ministry of National Defense shall be in charge of formulating economic-defence zone planning components according to the following procedures:

1. Select a consultant having legal status and professionally qualified to develop economic-defense zone planning components according to the provisions of Article 4 of the Government’s Decree No. 37/2019/ND-CP dated May 7, 2019, detailing the implementation of a number of articles of the Planning Law (hereinafter referred to as Decree No. 37/2019/ND-CP).

2. Military zones, military services, and army corps agree with provincial People's Committees on the scope and scale of each economic-defense zone to ensure uniformity, efficiency and conformity with the national planning, regional planning, provincial planning and other relevant planning.

3. Develop components of the economic-defense zone planning, and consult with relevant ministries, sectoral administrations and provincial-level People's Committees as prescribed in Article 29 of Decree No. 37/2019/ND-CP.

4. Make a general report on review of and response to opinions of relevant ministries, sectoral administrations and provincial-level People's Committees, and complete components of the planning for construction of an economic-defense zone (if any).

5. Organize the appraisal of components of the planning for economic-defense zones according to the provisions of Article 10 of this Decree.

6. Complete the economic-defence zone planning component according to the conclusion of the Review Council, and send it to the agency in charge of planning to integrate it into the national master plan, national marine spatial planning and regional planning.

Article 9. Contents of economic-defence zone planning component

1. Objectives of construction and development of an economic-defence zone.

2. Determination of the number, size, position and organizational structure of economic-defense zone on land, sea borders and islands.

3. Analysis and assessment of the current socio-economic development, national defense and security situation; forecast about development factors, conditions, resources, trends and scenarios; recommended guidelines, goals and orientations towards developmental priority.

4. Analysis and assessment of the current status of factors and characteristics of natural and social conditions and resources of each region and province, and assessment of environmental impacts when formulating the planning component of economic-defense zone.

5. Guidelines for development of advantages of each region and province; plans for development, arrangement, selection and distribution of developmental resources in each region and province where an economic-defense zone is located.

6. Guidelines for construction and development of an economic-defence zone, including: Determining defensive or socio-economic zones associated with national defense and security, agriculture and rural development, and concentrated production areas; identifying residential centers and spots within the economic-defense zone.

7. Infrastructure development guidelines.

8. Orientations towards environmental protection, culture - sports and tourism, exploitation and protection of natural resources, natural disaster prevention and response and climate change response in regions and provinces.

9. List and priority order of projects.

10. Solutions and resources necessary for carrying out the planning component.

11. Representation of the plan of the economic-defense zone planning component on the map on 1/1,000,000 scale and the map extract on 1/500,000 scale for each economic-defense zone.

Article 10. Review of economic-defence zone planning components

1. The Minister of National Defense shall set up a council to review the planning component of economic-defense zones (hereinafter referred to as Review Council) according to the provisions of Articles 33 through Article 38 of the Decree No. 37/2019/ND-CP.

2. The Review Council is joined by the Chairman and members, including:

a) A leader of the Ministry of National Defense holds the office as its Chairman;

b) Leaders of affiliates of the Ministry of National Defense, relevant military zones, military services and army corps hold the office as its members;

c) Leaders of other relevant ministries, sectoral administrations or provincial People’s Committees are invited to join the Council.

3. Dossiers of review of an economic-defence zone planning component, including:

a) Review request form;

b) Explanatory report on the economic-defense zone planning component according to the provisions of Article 9 of this Decree;

c) Thematic reports and appendices;

d) Maps, including: The administrative map; the map indicating locations and inter-regional and intra-regional relationships; the map indicating the current state and the planning of major infrastructure systems, population centers and spots in the economic-defense zone; the map indicating the territorial organization of major socio-economic activities in the economic-defense zone; these maps shall be made according to the scales specified in Clause 11, Article 9 of this Decree;

dd) Report on reception and explanation together with opinions of relevant ministries, sectoral administrations and provincial-level People's Committees;

e) Other relevant documents and records.

4. Contents of the review of the economic-defence zone planning component:

a) Legal bases, scientific rationales, reliability of information, data and figures used to formulate the economic-defense zone planning component;

b) Relevance of the main objectives, targets, plans for allocation of resources used in the economic-defense zone planning component to the socio-economic development strategy; national defense and security objectives and tasks; positions in the defensive area;

c) Consistency of the economic-defense zone planning component with the national master plan, the national marine spatial plan, the regional plan, the provincial plan, the sectoral plan and other relevant plan at the place where the economic - defense zone project is located;

d) Solution for implementing the planning component, feasibility and measures for management of implementation of the planning component.

Article 11. Revision of economic-defence zone planning component

1. The Ministry of National Defense shall preside over, and cooperate with concerned ministries, sectoral administrations and provincial-level People's Committees in, proposing adjustments to contents of the economic-defense zone planning component on the following bases:

a) Any adjustment to the contents of the national planning, regional planning, provincial planning, sectoral planning and other relevant planning entails any change in the organizational objectives, scale, contents, and orientation of the economic - defense zone planning component;

b) Subject to national defence and security requirements.

2. The process of making a revision request and application for revision of an economic-defense zone planning component shall be the same as the process for formulation of the planning component as specified in Article 8, Clause 3 of Article 10 of this Decree. Upon the request of the Ministry of National Defense for revision of the economic-defense zone planning component, the agency in charge of planning shall integrate adjustments into the national master plan, the national marine spatial plan or the regional plan in accordance with the law on planning.

3. With regard to adjustments that do not change the objectives of an economic-defense zone planning component, the Minister of National Defense shall issue its decision upon adjustment of the plan for construction of economic-defense zones.

Section 2. PLAN FOR CONSTRUCTION OF ECONOMIC-DEFENCE ZONE

Article 12. Authority over economic-defence zone planning

1. The Ministry of National Defense shall direct military zones, military services and army corps to cooperate with relevant provincial People's Committees in formulating economic-defense zone construction plans.

2. Military zones, military services, and army corps shall direct economic-defense delegations to nominate organizations providing counsel on construction of economic-defense zones that are put under their jurisdiction.

3. Planning consulting bodies must meet the conditions concerning capacity and experience so that they are suitable for the assigned work as prescribed by law.

Article 13. Tasks of formulation of economic-defence zone construction plans

1. Bases:

a) Economic-defense zone planning components in the national planning, national marine spatial planning or regional planning approved by competent authorities;

b) Other relevant legislative documents;

c) Review and evaluation report on past performance.

2. Tasks of formulation of an economic-defence zone construction plan must mainly comprise:

a) Planning bases;

b) Requirements concerning planning contents and methods;

c) Planning budget;

d) Planning time limit;

dd) Responsibilities of involved bodies.

3. The Ministry of National Defense shall review and consider approving tasks and costing of formulation of an economic-defence zone construction plan.

The review council must be joined by: The Chairperson who is one of the Ministry of National Defense’s leaders; the Secretariat that is in charge of military production and economic development tasks; Members who are leaders of relevant affiliates of the Ministry of National Defense.

4. The State Budget’s regular expenditures shall constitute the budget for formulation of the economic-defence zone plan.

Article 14. Processes for formulation of an economic-defence zone construction plan

Based on the tasks and costing of formulation of the approved economic-defense zone construction plan, the military zone, military service and army corps shall direct an economic-defense delegation to:

1. Select a consulting body meeting the requirements set out in clause 3 of Article 12 herein; analyze, assess and forecast developmental factors, conditions, resources and scenarios; assess the current socio-economic development situations, national defence and security developments and recommend guidelines, goals and objectives of developmental priority.

2. Agree with People's Committees at all levels on the location and size of each project to ensure consistency and efficiency in accordance with each local general planning.

3. Complete the plan to build an economic-defense zone, and send it to the People's Committee of district and province to seek its comments according to regulations.

4. Receive and respond to opinions of each locality, complete the plan and report it to the Ministry of National Defense for its review.

5. Finalize the plan so that the military zone, military service or army corps presents it to the Ministry of National Defense to seek its approval.

Article 15. Requirements concerning contents of an economic-defence zone construction plan

1. Match the economic-defense zone planning component in the national master plan, national marine spatial plan or regional plan approved by competent authorities; fit into the local socio-economic development and other relevant plan; ensure national defense and security at border lines and defensive areas.

2. If the economic - defense zone is located on sea or islands: In addition to meeting the requirements specified in Clause 1 of this Article, the plan for construction of the economic-defense zone on sea or islands must be in line with the Vietnam Strategy for Sustainable Marine Economic Development, the marine spatial plan or the national and socio-economic development plan, ensuring national defense and security on sea and islands.

3. The plan for construction of an economic-defense zone is determined on the basis of the regional defense plan, the plan for organization and stabilization of population, goals of sustainable poverty reduction, strengthening of health, cultural and spiritual life of people in the economic-defense zone.

Article 16. Contents of an economic-defence zone construction plan

1. Formulating the plan for organization and stabilization of population.

2. Formulating the land use plan.

3. Formulating the plan for implementation of investment projects.

4. Assessing the relevance of the development of the economic – defense zone to the tasks of environmental protection and developing environmental protection solutions.

5. Building and using resources required for implementation of the plan.

6. Formulating the special mass mobilization and public relation plan.

7. Developing other plans according to the regulations of the Ministry of Defense.

Article 17. Revision of an economic-defence zone construction plan

1. Bases:

a) Economic-defence zone planning component is revised;

b) The national master plan, the national marine spatial plan, the regional plan, the provincial plan, the sectoral plan or other relevant plan is revised;

c) Subject to national defence and security requirements.

2. Revision processes and procedures:

a) When there are grounds specified in Clause 1 of this Article, an economic-defense delegation shall report to the High Command of the military zone, military service or army corps on the revised contents of the plan for construction of an economic-defense zone;

b) The High Command of the military zone, military service or army corps shall agree with the relevant provincial People's Committee on the revised contents of the economic-defense zone construction plan;

c) The commander of the military zone, military service or army corps shall report to the Minister of National Defense on such revision.

3. Application package for revision of the plan, including:

a) Application form for revision of the plan;

b) Explanatory report on revision plans;

c) Thematic plan reports and appendices.

Section 3. OPENING AND CLOSING OF ECONOMIC-DEFENCE ZONES

Article 18. OPENING AND CLOSING OF ECONOMIC-DEFENCE ZONES

1. The Minister of National Defense shall decide to open a new economic-defense zone on the following grounds:

a) Economic-defense zone planning components in the national planning, national marine spatial planning or regional planning approved by competent authorities;

b) Urgency in terms of national defense and security, socio-economic development tasks;

c) Local socio-economic situation.

2. Conditions for opening of a new economic-defence zone:

a) There exists an agreement in writing by the People's Committee of the province on the opening of the new economic-defense zone;

b) The opening of the new economic-defense zone falls within the medium-term public investment plan and the ability to secure the state budget capital.

3. Procedures for opening a new economic-defence zone:

a) The military zone, military service or army corps sends documents included in the proposal for opening of the new economic-defense zone specified in Clause 4 of this Article to the People's Committee of the province where the new economic-defense zone expects to be opened to seek its approval.

Within 15 days of receipt of these written documents from the military zone, military service or army corps, the provincial People's Committee gives its written opinions on the urgency, suitability, scope and scale of the proposed economic-defense zone;

b) Submitting a report to the Minister of National Defense on the opening of the new economic-defense zone.

4. Documents included in the proposal for opening a new economic-defence zone:

a) The written request for the opening of the new economic-defense zone that is made by the military zone, military service or army corps;

b) Written statement of the provincial People’s Committee;

c) Other relevant legislative documents.

Article 19. Completion of construction or development of economic-defence zones

1. The Minister of National Defence shall issue a decision upon completion of construction or development of the economic-defence zone when the goals of construction of such economic-defense zone have achieved.

2. The Ministry of National Defense shall direct the military zone, military service or army corps to review and evaluate the results of the achievement of the objectives and tasks of building the economic-defense zone.

3. The military zone, military service or army corps shall direct the economic-defense delegation to cooperate with the People's Committee at any relevant level in implementing the procedures for completing the construction of the economic-defense zone and transferring basic facilities to the competent local authority.

Chapter III

ORGANIZATION AND MANAGEMENT OF ACTIVITIES OF ECONOMIC-DEFENCE DELEGATIONS

Section 1. ESTABLISHMENT AND DISSOLUTION OF ECONOMIC-DEFENCE DELEGATIONS

Article 20. Establishment of an economic-defence delegation

1. The Minister of National Defence shall issue a decision upon establishment of an economic-defence delegation that performs assigned tasks and managing one or multiple economic-defence zones.

2. Conditions for establishment of an economic-defence delegation:

a) Decision on opening of the new economic-defence zone;

b) Decision on garrison;

c) Decision on the manning structure of the economic-defence delegation.

3. Processes and procedures for establishment of an economic-defence delegation:

a) The military zone, military service or army corps submits a petition to the Minister of National Defense to seek his consent to establishment of the economic-defence delegation;

b) The Minister of National Defense decides the establishment of the economic-defence delegation whose organizational structure is appropriate to assigned functions and duties;

c) Based upon the Minister’s decision, the requesting military zone, military service or army corps works with the provincial People’s Committee to reach an agreement on the scale and location of garrison of the economic-defence delegation.

Article 21. Organizational structure of an economic-defence delegation

1. The economic-defence delegation is a military unit established under the decision of the Ministry of National Defence to fulfill the objectives and tasks of building economic-defence zones.

2. The Minister of National Defense shall issue a decision on the organizational and manning structure of the economic-defence delegation according to that of the Army.

Article 22. Functions and duties of an economic-defence delegation

1. Functions:

a) An economic-defense delegation is a military unit performing the multiple functions of combat, work and production; combining national defense with socio-economic development and socio-economic with national defense development in accordance with the law;

b) Participating in production, economic development, infrastructure construction, agricultural and forestry production, providing people preconditions for stabilizing their lives in extremely difficult, remote and border areas, seas and islands within strategic regions; carrying out mass mobilization and public relation activities, ensuring security, social order and safety, consolidating the defense and security posture; coordinating activities at sea and islands in assigned areas; organizing economic activities, migration, stabilizing the population, protection of the environment and getting prepared for combat in case of emergencies;

c) Managing and commanding subordinate agencies and units and commanding joint military operation according to the plan.

2. Duties:

a) Performing the tasks of getting prepared for combat, training, and building units;

b) Cooperating with the provincial Military Command and the district Military Command to build and protect defensive areas;

c) Building economic-defense zones under decisions of the Prime Minister and the Minister of National Defense;

d) Performing the tasks of participating in production and economic development in combination with military and defense tasks within the boundaries of economic-defence zones;

dd) Carrying out special mass mobilization and public relation activities, building a strong area of ​​political security and social order and safety, and consolidating the defense and security posture;

e) Taking charge of, and cooperating with localities in, implementing agricultural, forestry, fishery and industrial extension activities; cooperating with the locality where it is garrisoned in building clusters of population spots on land, sea border lines and islands;

g) Examining and receiving citizens, settling complaints and denunciations, preventing corruption, practicing thrift, combating extravagance and handling violations related their delegated authority according to regulations of laws;

h) Carrying out management of capital construction investment, finance, assets, assigned capital sources in accordance with regulations of laws and the Ministry of National Defense;

i) Managing and commanding subordinate agencies;

k) Implementing the policies on ethnicity and religion of the Party and State, cooperating with localities in improving the material, cultural and spiritual life of ethnic minorities;

l) Building a strong comprehensive unit; getting ready to perform other tasks well when being assigned by competent authorities.

3. The Minister of National Defense shall decide specific functions and duties of an economic-defence delegation.

Article 23. Operating rules and regulations of economic-defence delegations

1. The Minister of National Defense shall issue operating rules and regulations, rules and regulations of cooperation with local garrisons, ensuring they accord with functions, duties and practical conditions of the economic-defence delegation.

2. Rules and regulations of operation and cooperation of an economic-defence delegation contain the following main subject matters:

a) Duties of the economic-defence delegation;

b) Working regime and relationship;

c) Mechanism for working with local garrisons.

Article 24. Reorganization and dissolution of economic-defence delegations

1. The Minister of National Defense shall decide to reorganize the economic-defence delegation in case where:

a) there is any organizational and payroll change;

b) its functions and duties are changed.

2. The Minister of National Defense shall decide to dissolve the economic-defense delegation when the goals of building the economic-defense zone or duties of the economic-defense delegation have been completed or subject to the military or national defense requirements. In case the economic-defense delegation has an economic legal entity, the dissolution thereof shall conform to regulations of relevant laws.

3. Processes and procedures for reorganization and dissolution of the economic-defence delegation:

a) The military zone, military service or army corps submits a petition to the Minister of National Defense to seek his consent to reorganization or dissolution of the economic-defence delegation;

b) The Minister of National Defense shall decide to reorganize or dissolve the economic-defence delegation.4. The military zone, military service, and army corps organizes the implementation of the decisions of the Minister of National Defense; In case of dissolution, the economic-defense delegation shall transfer all infrastructure works, projects and facilities already built in the economic-national zone to localities for the management and use thereof.

Section 2. MANAGEMENT OF OPERATION OF ECONOMIC-DEFENCE DELEGATIONS

Article 25. Performance of the tasks of participating in production and economic development in combination with military and defense tasks within the boundaries of an economic-defence zone

1. Directly taking charge of increasing production to improve the lives of officers and soldiers at military units.

2. Organizing the development of small-scale household economic models; in areas where a large amount of land are available, using large-scale economic models in order to attract local employees.

3. Participating in implementing projects, construction works of each economic - defense delegation and locality.

4. Economic - defense delegations participate in production, economic development, combine defense with socio-economic development and vice versa; making use of available resources and infrastructure to create products contributing to improving the lives of officers and soldiers, and developing society and economy at the places where the military is garrisoned.

Article 26. Execution of projects within economic-defence zones

1. The economic - defense delegation is the investor in a public investment project under the plan to build economic-defense zones approved by the Ministry of National Defense.

An investment project using the investment capital of the investor that is another organization and individual shall be executed in compliance with the provisions of laws on investment, construction and other relevant laws; The competent authority shall cooperate with the economic-defense delegation before approving the investment policy and making investment registration for the investment project that falls within the ​​economic-defense zone.

2. The economic-defense delegation that is an investor shall establish a project management unit, formulate investment projects and submit them to competent authorities to seek their approval; shall directly manage and organize the implementation of projects within the boundaries of the economic-defense zone in accordance with relevant laws.

3. Requirements for an investment project located inside an economic-defence zone:

a) It must accord with the plan of each economic-defence zone that is already approved;

b) It does not cause any impact on military, national defence and local construction tasks;

c) Based on the nature, contents, capital source, progress and construction objectives of an economic-defense zone, an investor may implement one or more investment projects under an annual or medium-term investment plan.

Article 27. Management of investment projects within economic-defence zones

1. The economic - defense delegation shall directly manage infrastructure investment projects funded by the state budget within an economic - defense zone associated with the production of the economic - defense delegation. After each project is completed and put into operation, the economic-defense delegation shall make an annual budget estimate for maintenance and servicing of the project each year, and report it to the competent authority to seek approval from the Minister of National Defense.

2. If an infrastructure investment project funded by the state budget within an economic - defense zone is not associated with the economic - defense delegation’s production, after completion thereof, the following actions should be taken:

a) The economic - defense delegation transfer it to the locality in charge of operating and managing it;

b) The management unit is responsible for making a budget estimate for maintenance and repair work, and reporting to the competent authority to seek its decision; receiving, managing and using construction works in accordance with the law on management and use of public property;

c) The People's Committee of the province where the economic-defense zone is located is responsible for providing funding for maintenance, servicing and repair of technical infrastructure and social infrastructure that are acquired through transfer from the economic-defense delegation.

Article 28. Management of land located within economic-defence zones

1. People’s Committees at any level must cooperate with the economic-defence delegation in management of land inside the economic-defence zone under laws on land.

2. When making the planning component of an economic-defense zone, the military zone, military service or army corps shall issue a written agreement with the provincial-level People's Committee on the allocation of defense land or lease of land in order to achieve the goals of building the economic-defense zone.

3. Land located inside an economic-defence zone may be used as follows:

a) For land allocated to the economic-defense delegation for socio-economic development purposes: The economic-defense delegation shall be responsible for cooperating with the People’s Committee at any level in acquisition of land through transfer, compensation and site clearance for implementation of the plan for development of the economic-defence zone under laws on land;

b) For land used for production and business purposes: The economic - defense delegation shall formulate a production and business project, and petition provincial People's Committees to lease land for implementation of these projects in accordance with laws on land;

c) For land used for national defense purposes: Based on the decision to establish an economic-defense delegation, garrisoning position, the approved plan and investment project, the economic-defense delegation shall carry out procedures to request the provincial-level People's Committee to decide on the assignment of land, issuance of certificates of land use rights, manage and use land in accordance with laws on land.

Article 29. Management of population, residence, guarantee of security and order within economic-defence zones

1. The economic-defense delegation shall cooperate with the police agency in advising the People's Committee of district and province to consider deciding on the arrangement of population in the economic-defense zone in accordance with the plan to build the national defense-economic zone; prioritize the arrangement and stabilization of the population within the province, ensuring conformity with the planning and plan on building an economic-defense zone, associated with the socio-economic development, national defense and security.

In case of necessity and wishing to receive people outside the province to reside within the economic-defense zone, the People's Committee of province and district shall agree with the economic-defense delegation on the arrangement and stabilization of the population within the economic-defense zone.

2. Economic-defense delegations shall be responsible for advising party committees, local authorities and other relevant agencies on the construction of villages, communes and models within economic-defense zones in accordance with the provisions of laws, local customs and practices.

3. Local police shall be responsible for managing the population, ensuring social order and safety within the ​​economic-defense zone according to the provisions of laws.

Article 30. Helping residents in organizing production and sustainable poverty reduction

1. An economic and defense delegation shall organize and guide residents of the economic-defense zone to develop agricultural, forestry and fishery production, and household economic development.

For the economic-defense delegation involved in concentrated production, creating all necessary conditions to attract people, especially local ethnic minorities, to work.

2. Approaches to helping residents in organizing production and sustainable poverty reduction, including:

a) Building civil, transport, irrigation, electricity and clean water works;

b) Cooperating with local authorities in implementing agricultural, forestry, and fishery extension measures, training and transferring two-sided techniques and services to develop production for people living within the project area;

c) Advising local authorities on the implementation of national target programs, other programs and projects to achieve the goals of stabilizing life and sustainably reducing poverty for the people;

d) Bringing culture and healthcare to villages and hamlets to improve the cultural, spiritual, and health life of the people and implementing social security;

dd) Receiving people that come from other places to make a living according to the Government's or local plans;

e) Other production approaches.

3. Providing residential land, production land, and support for people:

a) People’s Committees at any level must cooperate with local authorities in checking and enumerating residential land and farmland inside economic-defence zones to provide and allocate an adequate amount of residential land or industrial land to the population under laws on land;

b) Creating favorable conditions to help people reclaim land to have adequate industrial land, and develop the household economy;

c) Cooperate with local authorities, village elders and village chiefs to make people feel at ease during the period of production, agricultural and residential settlement on assigned land;

d) Offering subsidies and support for people to overcome their difficulties arising during the production process.

4. Protecting and developing forests within economic-defence zones:

a) Economic-defense delegations shall have responsibility for participating in forest protection and development, forest fire prevention and fighting in their respective localities; organizing the implementation of forest protection and development projects; combining forest protection and development with programs of agricultural, residential settlement and environmental protection;

b) Economic-defense delegations cooperate with local forestry agencies to develop projects and plans to protect and develop forests, assign title to forests and forest land to people to organize production.

Article 31. Mass mobilization within economic-defence zones

1. Cooperating with the police and local garrison forces to advise local party committees and authorities to raise the people’s awareness to clearly understand plots and tricks of the hostile forces; resolutely fight against hostile forces confronting the Party, the government, and breaking the great national unity block, causing political insecurity, and a collapse in social order and safety.

2. Raising public awareness of the leadership roles of the Party, the State, Party committees and local authorities at all levels in building economic-defense zones, improving the material, cultural and communal life of the people; consolidating and enhancing public confidence in the Party and the regime, building all-people defense posture, the public security posture, and the public esteem posture.

3. Counseling Party committees and local authorities to improve leadership capacity, grassroots-level management and administration methods, and raising the public awareness to implement the Party's guidelines, policies and laws of the State.

4. Building and exploiting communication systems, and regularly giving updates to the people.

5. Cooperating with local authorities in building cultural and educational institutions, putting more emphasis on eliminating illiteracy, combating re-illiteracy, universalizing education, helping commune, village officers to improve administrative and socio-economic development competencies.

6. Helping local governments build medical facilities and implement the combined military-civil medical program.

7. Helping people to develop the economy, improve their material and spiritual life.

8. Regularly having a deep understanding of and firmly grasping customs, practices, thoughts, expectations and internal situations among the people. Organizing ethnic language classes for cadres and soldiers of economic-defense delegations to carry out mass mobilization and public relation activities.

Chapter IV

INVESTMENT, FINANCE MECHANISM AND POLICIES FOR PARTICIPANTS IN CONSTRUCTION AND DEVELOPMENT OF ECONOMIC-DEFENCE ZONES

Article 32. Mechanism for investments in economic-defence zones

1. Based on plans to build an economic-defense zone, the Ministry of National Defense shall formulate annual and medium-term public investment plans in accordance with the laws on public investment for development of economic-defense zones and send them to the Ministry of Planning and Investment for submission of general reports to competent authorities according to regulations.

2. Ministries, sectoral administrations and local authorities assigned by the Government to manage and administer programs and projects shall cooperate with the Ministry of National Defense in formulating plans to integrate programs and projects to be implemented in economic-defense zones.

3. Economic-defense delegations shall take charge of, and cooperate with local authorities in, determining the list of investment projects and projects integrated in economic-defense zones according to regulations of the State and the Ministry of National Defense.

Article 33. Investment funds for construction and development of economic-defence zones

1. State budget:

a) Public investment capital prescribed under law on public investment;   Investment funds for the economic-defence zone; funds integrated into national target programs, other local programs and projects;

b) The Ministry of National Defense shall be responsible for allocating defense capital sources as reciprocal funds, or funds integrated with local capital sources for implementing necessary and urgent projects and items that link socio-economic development with national defence and security;

c) The People’s Committee of the province where the economic-defence zone is located shall be responsible for allocating local capital sources as reciprocal capital or funds integrated with defence capital sources for implementing necessary and urgent projects and items that link socio-economic development with national defence and security within that province.

2. Capital raised by enterprises, organizations and individuals of all economic sectors participating in projects or works within the economic-defense zone in accordance with law.

3. Other funding sources.

Article 34. Plans to use investment funds for construction and development of economic-defence zones

1. The use of capital sources for the medium-term and annual public investment plan to carry out the goals of building an economic-defense zone must conform to the laws on public investment.

2. The allocation and use of funds for national target programs, other programs and projects must be suitable for the subjects and scope of regulation of each such program or project in accordance with the law on investment and state budget.

3. The Ministry of National Defense shall make a plan for capital needs in specific phases, agreeing with ministries, agencies in charge of national target programs, other programs, projects and the People's Committees of relevant provinces to allocate investment capital for construction and development of the economic-defense zone.

4. The State encourages localities, organizations and individuals to invest in the development of production and business, and build technical and social infrastructure within economic-defense zones in conformity with plans for development and construction of economic-defense zones.

Article 35. Compensation and incentive policies for employees working within economic-defence zones

The Ministry of National Defense shall take charge of, and cooperate with ministries, sectoral administrations and localities in, formulating compensation policies for forces on duty within economic-defense zones according to the following provisions.

1. For the number of soldiers on the payroll of an economic and defense delegation, they may be offered residential land in order to stabilize their life and feel secure to work within ​​economic-defense zones; may be granted incentive policies according to the regulations of the State and the Ministry of National Defense.

2. Young intellectuals who voluntarily participate in the construction and development of economic-defense zones may enjoy incentive policies in accordance with relevant laws.3. Employees and workers working in economic-defense zones in remote, border areas and islands may be entitled to state financial support for payment of health insurance contributions and other preferential policies according to regulations of laws.

Article 36. Financial support for economic-defence zones

1. Economic and defense delegations shall be provided with funding for the purchase and repair of medical, educational equipment, means of transport, means of communication, fuel and other materials and equipment; financial support for implementation of social policy work, propaganda, mass mobilization, settled agriculture, residential settlement, sustainable poverty reduction, vocational training for the people within economic-defense zones.

2. National defense enterprises assigned to build economic-defense zones shall be given support in payment of social insurance, health insurance and unemployment insurance contributions for their employees.

3. Households lawfully living in an economic-defense zone shall be entitled to prescribed incentives, including loan support, poverty reduction, housing, works necessary for daily activities and health insurance in accordance with the regulations of law.

4. Voluntary young intellectuals and servicemen completing military service who work at economic-defense zones may enjoy incentive and compensation policies in accordance with laws.

Chapter V

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS INVOLVED IN THE CONSTRUCTION AND DEVELOPMENT OF ECONOMIC – DEFENSE ZONES

Article 37. Responsibilities for state management of economic-defence zones

1. The Government shall exercise the centralized state management of economic-defence zones.

2. The Ministry of National Defense shall be responsible to the Government for the exercise of the centralized state management of economic-defence zones.

Relevant ministries and ministerial-level agencies shall, within the ambit of their respective tasks and powers, have the responsibility to cooperate with the Ministry of National Defense in assisting the Government in the state management over economic-defense zones. 

3. People's Committees of the provinces where economic-defence zones are located shall be responsible for cooperating with the Ministry of National Defense in taking control of economic-defence zones.

Article 38. Tasks of state management of economic-defence zones

1. Promulgating legal documents on economic-defense zones; state management regimes, policies, mechanisms, implementation, inspection and examination of planning, plans and compliance with laws for activities within economic-defense zones.

2. Organizing the activities of the management, fostering, improvement of capacity and qualification of servicemen, defense workers, officers and people within economic-defense zones.

3. Managing investment and construction, finance, accounting; efficiently using resources within economic-defense zones.

4. Managing plans for use of land located within economic-defence zones.

5. Submitting regular or irregular review and statistic reports to competent authorities on activities of economic-defense delegations.

6. Carrying out the examination, inspection, giving rewards, handling complaints, denunciations, and sanctioning violations arising from construction and management of economic-defence zones.

Article 39. Responsibilities of the Ministry of National Defence

1. Taking charge of developing components of economic-defense zones, reporting to planning agencies to review them and integrate them into the national master plan, national marine spatial planning and regional planning in accordance with laws on planning.

2. Implementing economic-defence zone planning components.

3. Planning, reviewing and approving economic-defence zone construction plans and projects.

4. Promulgating documents to direct and guide military zones, military services and army corps in implementing the tasks of building economic-defense zones; organizing the inspection, examination and settlement of complaints and denunciations, and handling violations of the law on planning and plans for construction of economic-defense zones; managing, training and improving capacity and qualification of defense officials and employees and people within economic-defense zones.

5. Managing investment and construction projects, funding sources; efficiently using resources for investment in economic-defense zones.

6. Cooperating with the Ministry of Finance, the Ministry of Planning and Investment and concerned ministries and sectoral authorities in formulating financial support packages and policies for economic-defense delegations and forces directly involved in construction of economic - defense zones.

7. Directing military zones, military services or army corps to instruct economic-defence delegations to carry out the goals and tasks of building economic-defence zones according to approved plans and proposals.

8. Directing economic-defence delegations to perform the following duties:

a) Cooperating with People's Committees at all localities where economic-defense zones are located in implementing construction and investment plans and projects within economic-defense zones;

b) Cooperating with the Party committees, local authorities and local forces to carry out the mass mobilization, consolidating national defense and security, and building solid defense areas;

c) Developing rules and regulations on collaboration with local authorities and local forces according to Clause 2 of Article 23 in this Decree.

Article 40. Responsibilities of Ministries and Ministry-level agencies

1. The Ministry of Planning and Investment shall take charge of, and cooperate with the Ministry of National Defense in, formulating medium-term and annual plans, ensuring sufficient capital sources for the implementation of national target programs, programs, projects and plans for construction of defense-economic zones in accordance with laws on public investment.

2. The Ministry of Finance shall take charge of, and cooperate with the Ministry of National Defense and concerned ministries and sectoral authorities in, formulating and guiding the implementation of compensation policies, financial support, incentives, managing and using supportive funds according to regulations laid down in Articles 35 and 36 of this Decree under the laws on state budget.

3. The Ministry of Agriculture and Rural Development shall take charge of, and cooperate with the Ministry of National Defense, the Ministry of Foreign Affairs and the People's Committees of the concerned provinces in, implementing population arrangement planning, formulating policies to support migration and stabilization of people on land, sea and island routes; cooperate with the Ministry of National Defense and the People's Committees of concerned provinces in allocating resources from national target programs, programs and projects within ​​economic-defense zones.

4. The Ministry of Natural Resources and Environment shall take charge of, and cooperate with the Ministry of National Defense and People's Committees of concerned provinces in, seeking decisions or approval of land use plans from state authorities for implementation of components of plans for construction of economic-defence zones.

5. The Ministry of Labor, War Invalids and Social Affairs shall cooperate with the Ministry of National Defense and relevant agencies in formulating compensation policies for the forces involved in building economic-defense zones; cooperate with the Ministry of National Defense and the People's Committees of relevant provinces in allocating resources from national target programs, programs and projects within ​​economic-defense zones.

6. The Ministry of Public Security shall take charge of, and advise local Party committees and local authorities in managing the population, ensuring and maintaining political security, social order and safety within economic-defense zones.

7. The Ministry of Health shall take charge of, and cooperate with the Ministry of National Defense and the People's Committees of the concerned provinces in, organizing the effective implementation of the combined military-civil medical program within ​​economic - defense zones.

8. The Committee for Ethnic Minority Affairs shall take charge of, and cooperate with the Ministry of National Defense and concerned ministries and sectoral administrations in, formulating programs, projects and policies for ethnic minorities in the economic-defense zone; cooperate with the Ministry of National Defense and the People's Committees of relevant provinces in allocating resources from national target programs, programs and projects within ​​economic-defense zones.

9. The Central Committee of Ho Chi Minh Communist Youth Union shall cooperate with the Ministry of National Defense to develop policies to implement projects to encourage young intellectuals to volunteer to work at economic-defense zones.

10. Relevant ministries and ministry-level agencies shall, within the scope of their respective tasks and powers, be responsible for cooperating with the Ministry of National Defense and the People's Committees of relevant provinces to integrate programs, schemes and projects into economic-defense zones. 

Article 41. Responsibilities of People’s Committees of centrally-affiliated cities and provinces

1. Participating in the process of making and appraising components of investment plans and projects within economic-defense zones in accordance with socio-economic development plans, land use plans and other local plans.

2. Taking charge of, and cooperating with economic-defense delegations in managing, stably arranging the population within economic - defense zones; maintaining political security, social order and safety at localities.

3. Cooperating with military zones, military services, army corps and economic-defense delegations in arranging and integrating local national target programs, programs and projects to effectively implement and achieve predetermined goals and objectives.

4. Participating in the process of implementing investment projects, supervising the construction and development of infrastructure; receiving, effectively managing infrastructure linked to people's daily life, study, healthcare, production and processing activities.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 42. Entry into force

1. This Decree shall enter into force as of May 5, 2021.

2. The Government’s Decree No. 44/2009/ND-CP dated May 7, 2009 on the construction of economic-defense zones; Clause 1 Article 8 of the Government's Decree No. 164/2018/ND-CP dated December 21, 2018 on combining defense with socio-economic development and socio-economic development with national defense; the Prime Minister’s Decision No. 83/2010/QD-TTg dated December 15, 2010 on the promulgation of financial mechanisms and policies for economic-defense zones; the Joint Circular No. 246/2010/TTLT-BQP-BKH dated December 23, 2010 of the Ministry of Defense and the Ministry of Planning and Investment, guiding the implementation of a number of provisions of the Government’s Decree No. 44/2009/ND-CP dated May 7, 2009 on the construction of economic-defense zones; the Decision No. 133/2004/QD-BQP dated September 21, 2004 of the Minister of National Defense, promulgating the Regulations on operation of economic-defense delegations, become defunct from the effective date of this Decree.

Article 43. Implementation responsibilities

Ministers, Heads of Ministry-level agencies, Heads of Governmental bodies, and Presidents of People’s Committees of centrally-affiliated cities and provinces, shall be responsible for implementing this Decree./.

 

PP. GOVERNMENT PRIME MINISTER Nguyen Xuan Phuc