Chương II Nghị định 74/2017/NĐ-CP: Đầu tư, xây dựng và phát triển khu công nghệ cao

Chapter II

THE HI-TECH PARK CONSTRUCTION, DEVELOPMENT AND INVESTMENT

Article 3. Construction, development and investment in infrastructure of the hi-tech park

1. Technical infrastructure (except for the technical infrastructure invested by enterprises), public green areas specified in general planning of the hi-tech park, internal infrastructure of the research and deployment area and the education and training area shall be invested by the management board with state budget and other legal sources of funds.

2. Power, water and telecommunication supplies in the hi-tech park shall be constructed and used for commercial purposes by enterprises The Prime Minister shall decide incentives to assist technical infrastructure facilities with poor capital recovery at the request of the Minister of Science and Technology.

3. The Ministry of Science and Technology shall decide the investment and capital mobilization plans for construction of the internal infrastructure of external areas board specified in the Clause 1 of this Article at the request of the management board. Problems about the investment in technical infrastructure of housing areas and public cultural buildings shall be reported to the Prime Minister for consideration.

4. Public cultural buildings and public green areas are encouraged to be invested in the form of Public - Private Partner (PPP) and in other forms of private sector involvement.

5. The Ministry of Science and Technology shall decide the policies of investment, authorize the management board to make investment and demonstrate the authority of investment decision makers in the hi-tech park’s technical infrastructure construction projects funded by state budget in groups B and C.

6. Infrastructure investors specified in this Article and relevant units are obligated to cooperate in investing and completing the entire technical infrastructure system of the hi-tech park synchronically no later than 2020.

Article 4. Land clearance and resettlement

Hanoi people’s committee shall establish the policies of compensation, aid and resettlement to assist land clearance of the hi-tech park, relevant to the practical status of land management of the local area and ensure the general policy stability of the project and the progress of land clearance of the hi-tech park.

2. Investment in the projects on compensation, aid, resettlement to assist land clearance shall be made in accordance with the following regulations:

a) The chairman of Hanoi people’s committee shall decide the policies of investment and invest in the projects on compensation, aid and resettlement. Sources of funds for project investment shall be specified in the Clause 2 and 3 Article 16 of this Decree.

b) Hanoi people’s committee shall approve any modification to design and estimate of projects on compensation, aid and resettlement (if any) in which the investment is decided by itself before the effective date of the Law on Public Investment 0}

c) The people's committee of Thach That and Quoc Oai districts and Hanoi people's committee shall act as investors in compensation, aid and resettlement projects.

Hanoi people’s committee shall take responsibility to construct and complete resettlement areas to assist with land clearance in Bac Phu Cat industrial zone (merged into the hi-tech park in accordance with the Decision No.1748/QD-TTg dated November 2^nd_, 2009 of the Prime Minister), funded by the city budget.

4. Land levies collected when allocating land to households in the resettlement areas and in service lands funded by state budget shall be paid to the Hanoi city budget. Annually, Hanoi people’s committee shall take responsibility to appropriate a sum proportional to the collected land levies for assisting the hi-tech park in its land clearance.

5. The final statement of compensation, aid and resettlement projects to assist the hi-tech park in its land clearance shall be made in accordance with applicable regulations and law.

Article 5. Investment in science and technology

1. Projects on investment in new or expanding research facility and large scale laboratories, in the North, in the fields of information, biology, automation and new material technology funded by the Science and technology capital of state budget are encouraged in the hi-tech park.

2. The Ministry of Science and Technology shall preferentially use the resources from the national program for science and technology to invest in the high technology technical infrastructure, incubating, training and transferring technology, attracting science and technology human resources and assisting the hi- tech park in developing high technology and products.

Article 6. Planning management and construction

1. The management board shall implement the general plan and zoning plan for constructing the areas in the hi-tech park. The detailed construction planning of the hi-tech park shall be done in accordance with each particular investment project.

2. The Ministry of Construction shall approve modifications to the general plan for construction in accordance with authorization from the Prime Minister when the adjusted plan does not change the area, characteristics and functions of land in the hi- tech park.

3. Hanoi people’s committee, regulatory agencies and professional construction authorities shall take responsibility to classify and authorize the management board to plan and construct the hi- tech park

Article 7. Technical infrastructure management and operation

1. The management board shall manage, operate, maintain and run the entire technical infrastructure system of the hi-tech park except for the facilities specified in the Clause 2 Article 3 of this Decree.

2. Hanoi people’s committee is obligated to cooperate with the management board in managing, operating, maintaining and running the entire urban technical infrastructure system of the hi- tech park.

3. Charges for using infrastructure and wastewater treatment

a) Charges for using state- invested technical infrastructure facilities shall be used as the revenue to cover the cost of operation and maintenance.

b) Charges for using investor- invested technical infrastructure facilities shall be used as the revenue to cover the cost of operation and maintenance

c) Charge for state- invested wastewater treatment system shall be used as the revenue to cover the cost in operation and maintenance.

d) The management board shall impose the charges for using infrastructure and wastewater treatment specified in Point a and c of this Clause. The management board shall wait for the consent from State drainage agencies and price management agencies in the local areas before imposing the charges for wastewater treatment specified in Point c of this Clause.

 Infrastructure investors shall impose the charges for using such infrastructure specified in Point b of this Clause with consent from the management board.

dd) Primary investors shall pay the charges for using infrastructure and wastewater treatment as specified in Point a, b and c of this Clause.

4. Expenses on maintenance and operation of technical infrastructure facilities and state-invested wastewater treatment systems shall be covered by the charges for using technical infrastructure and wastewater treatment of the hi-tech park until the revenue is sufficient to cover the expenses Annually, the Ministry of Finance shall, based on the amount of charges for using infrastructure and wastewater treatment that has been collected, identify an amount appropriated for state budget deficit.