THE PRIME
MINISTER
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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|
No.
32/2013/QD-TTg
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Hanoi, May 22,
2013
|
DECISION
ON
SOME MECHANISMS, INCENTIVE POLICIES APPLICABLE TO CON DAO, BA RIA – VUNG TAU
PROVINCE
Pursuant to the December 25, 2001
Law on Government organization;
Pursuant to the November 29, 2009
the Law on investment;
At the request of the Minsiter of
Planning and Investment and the President of the People’s Committee of Ba Ria -
Vung Tau province;
The Prime Minister promulgates
Decision on some mechanisms, incentive policies applicable to Con Dao, Ba Ria –
Vung Tau province,
Article 1. Scope of regulation and
subjects of application
This Decision provides some
mechanisms, incentive policies to encourage foreign and domestic organizations,
individuals for investment and operation in Con Dao, Ba Ria – Vung Tau
province.
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1. Investors conducting actvities of
investment and business in Con Dao have rights:
a. To conduct investment and business
autonomy as prescribed by law on investment, except for case of investment and
business in fields prohibited for investment and prohibited for business as
prescribed by law;
b. To access to and use credit
capital sources, land and natural resouces as prescribed by law;
c. To hire foreign and domestic
laborers to do jobs of managers, technical laborers and experts depending on
demands of production and business as prescribed by law and international
commitments which Vietnam have been acceded into; to decide on wage and minimum
wages of employees as prescribed by law on labor; to establish the Trade Union
organization in enterprises as prescribed by law;
d. To access to land fund that has
been approved and announced by competent agencies, to mortgage land use right
and assets attached to land at credit institutions permited operating in
Vietnam for borrowing capital for implementation of investment project as
prescribed by law on land and relevant laws;
dd. To enjoy investment incentives as
prescribed in this Decision and relevant regulations of other laws;
e. To implement other rights as
prescribed by law.
2. Investors conducting actvities of
investment and business in Con Dao have obligations:
a. To conduct investment in
production and business in Con Dao in accordance with the approved plans,
regulations of law; to use land in proper purposes and effective manner;
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c. To implement regulations of law on
accounting, audit, insurance, labor, customs, environmental protection and
other obligations as prescribed by law.
Article 3. Methods of capital
mobilization for investment in Con Dao development
1. Annually, based on regulations of
law on the State budget, law on investment, balance capacity of the State
budget, the importance technical-social infrastructure investment projects
approved by competent state agencies and implementation schedule of projects,
the Ministry of Planning and Investment shall assume the prime responsibility
for, and coordinate with the Ministry of Finance and relevant agencies in
allocating capital from objective assistance source from the central budget to
Ba Ria – Vung Tau province or through Ministries, sectors to implement
importance technical-social infrastructure investment projects in Con Dao. To
prioritize in allocating capital from central budget, including capital sources
of official development assistance (ODA), Government's bonds, program of
Eastern sea and islands, incentive credits for investment in important projects
in the field of traffic infrastructure, water supply and drainage, supply of
electricity, treating waste.
2. To prioritize use of ODA capital
sources and incentive credit capital for investment in construction of
technical-social infrastructure facilities, service facilities and public
utilities that are necessary for Con Dao and other technical assistances.
3. To attract investment capital
under forms of BOT, BT, BTO, PPP and other forms as prescribed by law.
4. To be entitled to use fund for
land development as prescribed by law on land for purpose of investment in
development of technical-social infrastructure that serve generally for Con
Dao.
5. To mobilize capital for direct
investment of domestic organizations, individuals, advance capital of subjects
that have demand for use of infrastructure, capital of enterprises having
function on construction and business of technical infrastructural
constructions
6. To expand form of co-financed
credit of credit institutions and mobilize all capital sources under other
forms, as prescribed by law.
Article 4. Investment
encouragements and incentives
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a. Foreign and domestic
organizations, individuals are entitled to select implementation of investment
projects in Con Dao (except for projects in list of fields prohibited for
investment as prescribed by law on investment);
b. Investors having foreign direct
investment projects and domestic investment projects in Con Dao are solved
fastly procedures for investment, business and support during operation of
production and business under law on investment, law on enterprises and
relevant laws by competent state agencies;
c. To encourage foreign and domestic
investors for investment in construction of infrastructure in Con Dao;
a. All investment projects in Con Dao
are enjoyed incentives applying to special difficult socio-economic areas as
prescribed by law;
e. Organizations, individuals
with Meritorious Services in calling investment capital from capital sources of
official development assistance, calling foreign direct investment projects and
domestic investment projects will be considered to reward as prescribed by law
on emulation and commendation.
2. Incentives on enterprise income
tax
Projects of foreign and domestic
organizations, individuals that invest in Con Dao will be enjoyed incentives on
enterprise income tax applying to investment projects in areas with special
difficult socio-economic conditions as prescribed by law on enterprise income
tax.
3. Incentives on export and import
tax
Projects of foreign and domestic organizations,
individuals that invest in Con Dao will be enjoyed incentives on import tax
applying to investment projects in areas with special difficult socio-economic
conditions as prescribed by law on export and import duties.
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Investment projects in Con Dao will
be enjoyed incentives on exemption, reduction of land use levy, land rents,
water surface rents at the preferential levels applying to investment projects
in areas with special difficult socio-economic conditions as prescribed by law
on collection of land use levy, land rents, water surface rents.
5. Other incentives and investment
encouragement policies
a. Construction and establishment of
duty-free shops in Con Dao so as to sell duty-free goods for tourists being
foreigners, Vietnamese bringing foreign passport upon coming Con Dao with value
not exceeding VND 500,000 per person/day.
The Ministry of Finance, the Ministry
of Industry and Trade shall guide the People’s Committee of
Ba Ria – Vung Tau province in establishment and management of duty-free shops
specified in this point.
b. The Ministry of Culture, Sports
and Tourism shall coordinate with the People’s Committee of Ba Ria – Vung Tau
province and relevant agencies in proposing mechanisms, policies to support,
encourage the tourist promotion and advertising, the provision of tourism
training with high quality for Con Dao, and report them to the Prime Minister.
c. The Ministry of Industry and
Trade, the Electricity Group of Vietnam shall research plan for electricity
source investment support, management of system of electricity provision
ensuring demands on production, business and living activities for Con Dao, and
report them to the Prime Minister.
Article 5. Land use and
construction investment in Con Dao
1. Area of land, water surface for
construction investment and development in Con Dao are defined in the master
plan on construction and the Con Dao land use plan that have been approved by
competent authorities, the People’s Committee of Ba Ria – Vung Tau province
shall publicize the plan on land use, the master plan on Con Dao construction
already approved and call investments under the plans.
2. Foreign and domestic investors
must have dossier applying competent agencies before investing, building
architectures, technical infrastructure constructions and services facilities
and public utilities under investment projects in Con Dao as prescribed by laws
on investment and construction.
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Article 6. Regime of exit, entry,
residence, labor, health
1. Exit, entry, staying, temporary
residence in Con Dao
a. Foreigners, Vietnamese residing in
foreign countries who are working, conducting operation of investment, business
or travelling in Con Dao and members in their families will be granted visas
for the exit, entry and temporary residence or permanent residence in Con Dao
as prescribed by law on the exit, entry and law on residence.
a. People’s Committee of Ba Ria -
Vung Tau province shall coordinate with the Ministry of Transport and relevant
Ministries and sectors in submitting to the Prime Minister about the neccessity
of upgrading Con Dao airport border-gate to become Con Dao international
airport border-gate; Con Dao port to become Con Dao international sea port border-gate.
2. Regimes on preferential treatment
for cadres, civil servants, public employees and armed forces working in Con
Dao:
a. People’s Committee of Ba Ria –
Vung Tau province shall direct the building of contingent of cadres, civil
servants meeting requirements about construction and development of Con Dao.
b. The region-based allowance level
for Con Dao district shall be up to level of 0.7.
c. People’s Committee of Ba Ria –
Vung Tau province shall research to raise the existing levels of allowances for
difficulty, allowances for attracting of province; expand regimes of
preferential treatment of province for cadres, civil servants who arrive for
work in Con Dao as prescribed by law.
3. Health assistance policies for Con
Dao
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Article 7. Financial regime
1. Organizations, individuals
conducting business activities in Con Dao shall implement the financial regime
as prescribed by Vietnam's law.
2. Purchase and sale, payment,
transfer and other transaction relationship between organizations, individuals
operating business in Con Dao are performed in Vietnam dong and foreign
currencies that are permitted to freely convert as prescribed by the State bank
of Vietnam.
3. Credit institutions may be
established and operate as prescribed by law on credit institutions; foreign
credit institutions may open branches, exchanges, transaction offices, saving
funds, transaction places, representative offices in Con Dao so as to provide
other banking professional operation and services in Con Dao as prescribed by
law; foreign banks and financial companies may invest in establishment of
banks, financial companies in Con Dao.
Article 8. Implementation
organization
Relevant Ministries and agencies
shall, within their functions, tasks and powers, guide specifically and
coordinate with People’s Committee of Ba Ria – Vung Tau province in
implementing mechanisms, policies in this Decision.
Article 9. Implementation provisions
1. This Decision takes effect on July
15, 2013.
2. Ministers, Heads of
ministerial-level agencies, Heads of Governmental agencies, the President of
the People’s Committee of Ba Ria – Vung Tau province shall implement this
Decision.
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THE PRIME
MINISTER
Nguyen Tan Dung