Chương III Nghị định 22/2021/NĐ-CP về Khu kinh tế - quốc phòng: Tổ chức và quản lý hoạt động của đoàn kinh tế - quốc phòng

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.