Chapter V
FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURES OF MANAGEMENT BOARDS OF INDUSTRIAL ZONES AND ECONOMIC ZONES
Article 36. Functions of management boards of industrial zones, export processing zones and economic zones
1. Management boards are attached to provincial-level Peoples Committees and perform the function of direct state management of industrial zones and economic zones in provinces or centrally run cities under this Decree and relevant laws; manage and organize the provision of public administrative services and other support services related to investment, production and business activities of investors in industrial zones and economic zones.
2. Management boards are set up under the Prime Ministers decisions and subject to the provincial-level Peoples Committees direction and management of organization, state payrolls, working programs and plans and operating funds (unless otherwise prescribed by the Prime Minister); submit to the professional direction, guidance and inspection by concerned line ministries and branches; shall closely coordinate with professional agencies of provincial-level Peoples Committees in managing industrial zones and economic zones.
3. Management boards have the legal entity status, bank accounts, seals bearing the national emblem, and are allocated state budget funds for state administration and non-business activities, and development investment capital under annual plans.
Article 37. Tasks and powers of management boards of industrial zones, export processing zones and economic zones
1. To contribute opinions on, plan and propose to ministries, branches and provincial-level Peoples Committees for approval and organization of the performance the following tasks:
a/ Giving opinions to ministries, branches and provincial-level Peoples Committees on the elaboration of legal documents, policies and plannings on investment in and development of industrial zones and economic zones;
b/ Assuming the prime responsibility for, and coordinating with concerned agencies in, elaborating regulations on working coordination with specialized agencies of provincial-level Peoples Committees and relevant agencies in performing assigned tasks and vested powers under the one-stop shop and inter-branch one-stop shop mechanism, then submitting these regulations to provincial-level Peoples Committees for approval, and organizing their implementation;
c/ Formulating programs and plans on promotion of investment in the development of industrial zones and economic zones, and submitting them to provincial-level Peoples Committees for approval, and organizing their implementation;
d/ Elaborating annual and five-year plans on development of human resources to meet demands of industrial zones and economic zones, and submitting them to provincial-level Peoples Committees for approval, and organizing their implementation;
e/ Making estimates of their budget allocations and funds for non-business activities and annual development investment capital amounts, and submitting them to competent agencies for approval under the Law on State Budget and relevant laws.
2. Management boards shall perform the following tasks as specified by law or guided or authorized by ministries, branches and provincial-level Peoples Committees:
a/ Managing, disseminating, guiding, examining, supervising and inspecting the implementation of regulations, plannings and plans on industrial zones and economic zones already approved by competent state agencies, and sanctioning administrative violations of these regulations, plannings and plans;
b/ Making investment registration; verifying and granting, modifying and revoking investment certificates for investment projects under their competence;
c/ Granting, renewing, amending, supplementing and extending permits for setting up trade representative offices of foreign organizations and traders in industrial zones and economic zones; granting business licenses for goods purchase and sale and activities directly related to goods purchase and sale to foreign-invested enterprises and foreign investors that invest for the first time in industrial zones and economic zones after obtaining written approval of the Ministry of Industry and Trade;
d/ Adjusting approved detailed plannings on construction of industrial zones and functional areas in economic zones without changing use purposes of land plots and planning structure; evaluating basic designs of group-B or group-C projects or grant and extend construction permits for construction works for which these permits are required under the law on management of investment projects on construction of works; granting certificates of ownership of construction works for those in industrial zones and economic zones to concerned organizations;
e/ Granting, renewing, extending or revoking working permits for foreigners and overseas Vietnamese working in industrial zones and economic zones; issuing labor books to Vietnamese laborers working in industrial zones and economic zones; organizing the registration of labor rules, collective labor agreements, rules on labor sanitation and safety, systems of wage ranks and tables, labor norms and plans on sending laborers on under-90 day overseas skill practice tours for enterprises; receiving enterprises reports on the signing, application and termination of labor contracts;
f/ Granting certificates of origin for goods manufactured in industrial zones and economic zones and other relevant permits, licenses and certificates in industrial zones and economic zones;
g/ Certifying contracts and title deeds of real estate in industrial zones and economic zones for concerned organizations;
h/ Organizing the evaluation and approval of environmental impact assessment reports for investment projects falling under the deciding competence of provincial-level Peoples Committees in industrial zones and economic zones;
i/ Examining, inspecting and supervising the achievement of investment objectives specified in investment certificates, schedules of capital contribution and implementation of investment projects; assuming the prime responsibility for, and coordinating with other agencies in, examining and inspecting the observance of committed clauses by projects enjoying investment incentives and the observance of laws on construction, labor, wage and social insurance for laborers, protection of lawful interests of laborers and labor users, operation of socio-political organizations, fire and explosion prevention and fight, security and order and protection of the ecological environment by projects in industrial zones and economic zones; deciding on the sanctioning of administrative violations in domains under their competence according to regulations and requesting competent state management agencies to handle violations in domains falling beyond their competence;
j/ Solving problems and difficulties facing investors in industrial zones and economic zones, and proposing the Prime Minister, concerned ministries, branches and provincial-level Peoples Committees in solving problems falling beyond their competence;
k/ Receiving statistical reports and financial statements of enterprises operating in industrial zones and economic zones; appraising the efficiency of investment in industrial zones and economic zones;
l/ Coordinating with the Ministry of Planning and Investment in building and managing the system of information on industrial zones and economic zones under their management;
m/ Sending periodical reports to the Ministry of-PIanning and Investment, concerned ministries, branches and provincial-level Peoples Committees on the construction and development of industrial zones and economic zones; granting, modifying and revoking investment certificates; organizing the implementation of investment projects; fulfilling obligations toward the State; attracting and employing laborers; complying with the labor law and settling labor disputes and applying measures to protect the ecological environment in industrial zones and economic zones;
n/ Organizing emulation movements for and commending and rewarding enterprises with emulation achievements in industrial zones and economic zones;
o/ Organizing and coordinating with state management agencies in conducting inspection, examination and settlement of complaints and denunciations, prevention and combat of corruption, waste, negative acts, and handling of administrative violations in their zones;
p/ Performing tasks in accordance with law and provincial-level Peoples Committees regulations on management of finance, assets and budget funds allocated to them; collecting and managing the use of various charges and fees; conducting scientific researches and applying scientific and technological advances; cooperating with domestic and foreign organizations and individuals in domains related to investment in the construction and development of industrial zones and economic zones; managing the organizational structure, state payroll, cadres, civil servants and public employees, and providing professional training and retraining for their cadres, civil servants and public employees; recommending jobs for laborers working in industrial zones and economic zones;
q/ Performing other tasks assigned by provincial-level Peoples Committees.
Article 38. Tasks and powers of management boards of economic zones
Apart from the tasks and powers of management boards of industrial parks, export processing zones and economic zones specified in Article 37 of this Decree, the management board of an economic zone also has the following tasks and powers:
1. To elaborate and submit to the provincial-level Peoples Committee for submission to the Prime Minister for decision according to its competence:
a/ A general planning on construction of the economic zone;
b/ A plan on issuance of project bonds; a plan on mobilization of other capital sources for investment in the development of the system of important technical and social infrastructure works in the economic zone.
2. To elaborate and submit to ministries, branches and the provincial-level Peoples Committee for approval, and organize the implementation of:
a/ Detailed planning on construction of functional areas in line with the approved general planning on construction of the economic zone, detailed planning and plans on the use of land in the economic zone, which are approved by the provincial-level Peoples Committee;
b/ Annual and five-year plans on development of the economic zone, which are submitted and approved by the provincial-level Peoples Committee and competent state agencies;
c/ A list of investment projects and annual and five-year development investment capital plans, which are submitted to competent agencies for approval or approved by themselves according to their competence;
d/ Price brackets and charge and fee rates to be applied in the economic zone, which are submitted to competent agencies for promulgation in accordance with law.
3. The management board of an economic zone shall direct or organize the performance of the following tasks:
a/ Conducting the following activities in accordance with legal provisions and under the guidance or authorization by ministries, branches and the provincial-level Peoples Committee: granting, modifying and revoking business registration certificates under the Law on Enterprises for the establishment of economic organizations in the economic zone; granting, renewing, amending, supplementing and extending permits for setting up representative offices and branches in the economic zone for foreign tourist companies;
b/ Hiring foreign consultants to provide the service of advising on investment promotion or the strategy on investment in the construction and development of the economic zone;
c/ Deciding on investment in group-B or group-C projects which use state budget capital invested in the economic zone under the authorization of the provincial-level Peoples Committee;
d/ Signing BOT, BTO or BT contracts with group-B or group-C projects as authorized by the provincial-level Peoples Committee; directly receiving, managing and using ODA capital;
e/ Managing and using capital sources for investment in the development of the economic zone falling under its competence; managing investment in the construction of and bidding for investment projects in the economic zone funded with development investment capital from the state budget and falling under its competence; managing administrative and non-business revenues and expenditures, funds for target programs and other capital sources assigned to it in accordance with law;
f/ Assuming the prime responsibility for, and coordinating with concerned agencies in, conducting regular repair and maintenance of the system of technical and social infrastructure works, service and public-utility works invested with the state budget in the economic zone;
g/ Managing and effectively using the special-use land and water surface fund already assigned to it for proper use purposes and in conformity with the general planning on construction of the economic zone, detailed planning on construction of functional areas, land use planning and plans approved by competent authorities;
h/ Reallocating land with or without collection of land use levy, leasing land and water surface, and performing the management of land in the economic zone under the land law;
i/ Based on regulations of the provincial-level Peoples Committee and the investment and land laws, deciding on use levy and rent rates as well as exemption or reduction levels for special-use land and water surface areas of investment projects, which are applicable to cases of land reallocation or lease not through a land use rights auction or bidding;
j/ Coordinating with the local administration and concerned agencies in ensuring that all activities in the economic zone are conducted in compliance with the planning and plan on construction and development of the economic zone already approved by the competent state agency and relevant regulations.
Article 39. Organizational structure and state payroll of a management board
1. A management board is composed of a head, several deputy heads and an assisting apparatus.
The head of the management board is appointed or dismissed by the president of the provincial-level Peoples Committee. Deputy heads are appointed or dismissed by the president of the provincial-level Peoples Committee at the request of the head.
2. The head shall administer all activities of the management board and is responsible before the provincial-level Peoples Committee and law for the operation and operation efficiency of the industrial or economic zone.
3. The organizational structure of the management board consists of an assisting apparatus (the office, professional and specialized sections and a representative of the management board in the industrial or economic zone); attached non-business units performing public and public-utility tasks, providing investment or business support services for investors in the zone and other organizations suitable to the development of the industrial or economic zone as well as tasks and powers of each type of management board as guided by the Ministry of Home Affairs and specified by law.
Management boards of economic zones and management boards of grade-I industrial zones or export processing zones as guided by the Ministry of Home Affairs may set up their own inspectorates.
4. The state payroll of a management board includes an administrative payroll and a non-business payroll and is decided by the president of the provincial-level Peoples Committee in accordance with legal provisions on decentralized management of administrative and non-business payrolls and the mechanism for state payroll management applicable to state non-business units.
Tìm kiếm
Nghị định 29/2008/NĐ-CP (Bản Word)