Laws of Vietnam

DECIDES:

Article 1.- To establish the Managing Office of Industrial Parks to help the Prime Minister direct the construction and management of industrial parks and export processing zones on a national scale.

The Managing Office of Industrial Parks is located at the Office of the Government.

Article 2.- The Managing Office of Industrial Parks shall have the following main tasks and powers:

1. Supervising and promoting the work related to the construction, development and management of industrial parks and export processing zones.

2. Organizing the cooperation with the Ministries, ministerial-level Agencies, the Agencies attached to the Government (hereunder referred to as Government agencies), and the People’s Committees of the provinces and cities directly under the Central Government (hereunder referred to as the provincial People’s Committees) in promptly settling newly arising issues and problems concerning many branches and localities in the construction and management of industrial parks and export processing zones.

Settling a number of affairs within the jurisdiction of the Prime Minister as empowered by the Prime Minister.

3. Making suggestions to the branches and localities in the general planning of infrastructure development outside the industrial zones and export processing zones, and in issues relating to the industrial parks and export processing zones.

4. Recommending or cooperating with the branches in recommending to the Prime Minister undertakings, policies, mechanisms and organization of the management of industrial zones and export processing zones with the aim of stepping up the development of industrial parks and export processing zones.

5. Petitioning the competent agencies to handle or reporting to the Prime Minister to consider and decide when detecting acts contrary to the State’s stipulations or to the general planning already ratified.

6. Reporting the Prime Minister’s opinions and directives to the branches, localities and organizations concerned and to the Managing Boards of industrial zones and export processing zones on issues related to the construction and management of industrial parks and export processing zones.

7. Sending representatives to attend meetings of the Government and the Prime Minister on issues related to the industrial parks and export processing zones. Receiving documents from the Government and the Prime Minister related to the work of the Managing Office of Industrial Parks. Making periodical reports to the Prime Minister and promptly reporting the issues that need guidance for immediate settlement.

Article 3.- The relationship between the Managing Office of Industrial Parks and the Government agencies, the provincial People’s Committees, the Managing Boards of industrial parks and the Managing Boards of export processing zones:

1. With regard to the Government agencies and the provincial People’s Committees:

The management and mobilization of forces by the branches and localities to develop industrial parks and export processing zones shall continue to be undertaken by those public agencies or localities which have been assigned such function. The Managing Office of Industrial Parks shall help the Prime Minister in supervising and promoting work to ensure a proper implementation of the undertaking and the set work schedule without interfering in the settlement of issues that come within the jurisdiction and responsibility of the branches and levels.

The Managing Office of Industrial Parks shall discuss with the Government agencies and the provincial People’s Committees and refer to the Prime Minister for settlement problems related to several branches and localities and fall outside the jurisdiction of each public agency.

The Government agencies and the provincial People’s Committees shall have to supply documents or directly discuss with the Managing Office of Industrial Parks on issues related to these industrial parks and export processing zones.

The Office of the Government shall have to provide office space, equipment and funding, and manage the full time staff of the Managing Office of Industrial Parks.

2. With regard to the Managing Boards of industrial parks and export processing zones:

The Managing Boards of industrial parks and export processing zones shall perform their task and submit to the management of the competent level as stipulated in Decree No.192-CP of December 28, 1994 and Decree No.322-HDBT of October 18, 1991 of the Government on the Regulations of industrial parks and the Regulations of export processing zones. With regard to those issues that fall outside their jurisdiction, they must report them to the competent level of the branch or the locality concerned for settlement, and at the same time to the Managing Office of industrial parks for joint settlement. Regarding those issues which come within the jurisdiction of the Prime Minister, the Managing Office of Industrial Parks must report them to the Prime Minister for settlement or settle them as empowered by the Prime Minister.

Article 4.- The organization of the Managing Office of Industrial Parks:

1. The Managing Office of Industrial Parks is headed by a Chairman and Vice-Chairmen, and assisted in its work by specialists.

The Chairman and Vice-Chairmen of the Managing Office of Industrial Parks shall be appointed by the Prime Minister. The Minister-Chairman of the Government Commission on Organization and Personnel in cooperation with the Minister-Director of the Office of the Government shall make nominations for the Prime Minister to appoint the Chairman and Vice-Chairmen of the Managing Office of Industrial Parks.

2. The Managing Office of Industrial Parks is entitled to use the seal of the Office of the Government in its working relations. Concerning the issues that come within the jurisdiction of the Prime Minister, the Managing Office of Industrial Parks shall request the Office of the Government to issue documents of the Prime Minister.

Article 5.- This Decision takes effect on the date of its signing. In the process of implementing it, when necessary the Chairman of the Managing Office of Industrial Parks shall propose to the Prime Minister to modify and supplement this Decision to meet the requirements for managing industrial parks and export processing zones.

Article 6.- The Ministers, the Heads of ministerial-level agencies, the Heads of the agencies attached to the Government, the Presidents of the People’s Committees of the provinces and cities directly under the Central Government, the Chairman of the Managing Office of Industrial Parks, and the Heads of the Managing Boards of industrial parks and export processing zones shall have to implement this Decision.

The Prime Minister