THE PRIME MINISTER
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SOCIALIST REPUBLIC
OF VIET NAM
Independence - Freedom – Happiness
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No. 126/2009/QD-TTg
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Hanoi, October 26,
2009
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DECISION
PROMULGATING THE
MECHANISM ON CENTRAL BUDGET CAPITAL SUPPORTS FOR INVESTMENT IN THE DEVELOPMENT OF
COASTAL ECONOMIC ZONE INFRASTRUCTURE SYSTEMS
THE PRIME MINISTER
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the December 16, 2002 Law on the State Budget;
Pursuant to the November 29, 2005 Investment Law;
Pursuant to the Government's Decree No. 29/2008/ND-CP of March 14, 2008, on
industrial parks, export-processing zones and economic zones;
At the proposal of the Minister of Planning and Investment,
DECIDES:
Article 1. Scope of regulation and subjects of
application
1. This Decision prescribes the conditions,
principles, criteria, types of projects, works entitled to central budget
capital supports for investment in the development of technical and social
infrastructure systems of coastal economic /ones, and the management and use of
this support capital source.
2. A coastal economic zone entitled to
central budget investment capital supports under this Decision must satisfy the
following conditions:
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b/ Being established under the Prime
Minister's decisions and operating under the Government's Decree
No.29/2008/ND-CP of March 14, 2008, on industrial parks, export-processing
zones and economic zones;
c/ Having the Management Boards set up under
the Prime Minister's decision.
Article 2. Principles for allocation of central
budget support capital
1. Central budget capital will be allocated
to support the investment in the development of essential technical and social
infrastructure systems, ensuring the operation and development of coastal
economic zones.
2. The allocations of central budget support
capital must adhere to the following principles:
a/ Capital is allocated only to projects and
works defined in Article 4 of this Decision which are incapable of recovering
capital:
b/ Target projects and works must be in line
with the approved planning on construction of coastal economic zones and
complete all investment procedures under regulations on management of capital
construction investment;
c/ The allocation must be concentrated,
ensuring investment efficiency; prioritizing important and urgent projects and
works which are to be completed in the plan period.
Article 3. Priority principles and criteria for
allocation of central budget support capital
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a/ Coastal economic zones have investment
projects and works of motive nature and important significance for branch and
domain development, which have investment certificates or investment decisions
and a registered total investment capital of VND 20 trillion or more;
b/ Coastal economic zones are established in
localities meeting with socio-economic difficulties;
c/ Coastal economic zones are investing in
the construction of essential technical infrastructure systems, having
projects on ground clearance compensation and resettlement for projects and
works defined at Point a of this Clause.
2. Criteria for, and methods of determination
of, central budget support capital are provided in the Appendix to this
Decision.
Article 4. Projects, and works entitled to
central budget support capital
1. Investment in the construction of trunk
road systems in coastal economic zones and systems of roads linking coastal
economic zones with outside road systems.
2. Compensation and ground clearance for
projects and works defined at Point a. Clause 1, Article 3 of this Decision.
3. Compensation, ground clearance and
construction of technical and social infrastructures of workers' dormitories
and resettlement zones for people whose land in coastal economic zones has been
recovered.
4. Investment in the construction of
concentrated solid waste treatment zones and concentrated wastewater treatment
systems of industrial parks and non-tariff areas in coastal economic zones
(including wastewater drainage systems and concentrated wastewater treatment
stations).
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1. The management, use, settlement and final
settlement of central budget support capita! prescribed in this Decision comply
with the law on capital construction investment management, the State Budget
Law and relevant laws.
2. Central budget support capital, which has
been used improperly, shall be recovered by the central budget.
Article 6. Sources of central budget support
capital
1. Targeted support capital from the central
budget, which shall be allocated according to annual plans.
2. Government bond capital for systems of
important trunk roads.
3. Official development assistance (ODA).
Article 7. Rights and responsibilities of the
Ministry of Planning and Investment
1. Annually, based on the capability to
balance investment capital of the central budget, the development of coastal
economic zones, the demands for and the implementation of projects and works of
coastal economic zones, the Ministry of Planning and Investment shall assume the
prime responsibility for, and coordinate with the Ministry of Finance and
concerned agencies in. projecting plans on central budget support capital for
coastal economic zones under this Decision for sum-up into general development
investment expenditure estimates for reporting to the Government and submission
to the National Assembly for consideration and decision according to the State
Budget Law.
2. Annually, the Ministry of Planning and
Investment shall assume the prime responsibility for. and coordinate with
concerned ministries, branches and localities in. reviewing and assessing the
implementation and efficiency of the use of central budget support capital
under this Decision and report thereon to the Prime Minister.
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1.. Powers and responsibilities of
provincial-level People's Committees:
a/ To decide on the distribution of central
budget support capital for projects and works of coastal economic zones in
their localities under this Decision;
b/ To direct, urge and inspect units in using
central budget support capital for proper purposes and with efficiency and in
accordance with this Decision and current legal provisions;
c/ To manage and use central budget support
capital for coastal economic zones in their localities according to law;
d/ To balance local budget capital for
investment in the development of technical and social infrastructure systems of
coastal economic zones in their localities under the law on management of
capital construction investment, the State Budget Law and relevant legal
provisions;
e/ To send written reports on the allocation,
management, use and use efficiency of central budget support capital for
coastal economic zones; the demands for central budget support capital for
investment in the subsequent plan year; score determined under the guidance of
the Appendix to this Decision to the Ministry of Planning and Investment before
July 31 annually for the latter to perform the tasks defined in Article 7 of
this Decision.
2. Rights and responsibilities of the
Economic Zone Management Boards: To manage and use central budget support
capital under Article 39 of the Government's Decree No. 29/2008/ND-CP of March
14. 2008. on industrial parks, export-processing zones and economic zones, and
relevant legal provisions.
Article 9. Implementation provisions
1. This Decision takes effect on January 1,
2010.
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3. Ministers, heads of ministerial-level
agencies, heads of government-attached agencies and chairpersons of concerned
provincial-level People's Committees shall implement this Decision.
PRIME MINISTER
Nguyen Tan Dung
APPENDIX
CRITERIA FOR. AND
METHODS OF DETERMINATION OF, CENTRAL BUDGET SUPPORT CAPITAL FOR INVESTMENT IN
DEVELOPMENT OF INFRASTRUCTURE SYSTEMS OF COASTAL ECONOMIC ZONES
(To the Prime
Minister's Decision No.J26/2009/QD-TTg of October 26, 2009)
I. Criteria and methods of determination of
criteria for allocation of central budget support capital for coastal economic
zones
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This criterion values the degree of
investment capital attraction of projects and works implemented in coastal
economic zones, based on the comparison with a base project or work capitalized
at VND 20 trillion corresponding to 15 points, which is determined according to
the following formula:
A = 15 x
Total investment
capital of investment projects and works (VND billion)
VND 20 trillion
Total investment capital of investment
projects and works means the registered total investment capital, calculated in
VND billion, of projects and works with investment certificates or investment
decisions granted under the law on investment before July 31 of the plan year
(excluding projects and works already commissioned or completed,
operation-terminated, temporarily stopped or rescheduled for implementation:
not implemented within 12 months after being granted the investment certificates
or investment decisions or delayed for 12 months behind the schedule prescribed
in the investment certificates or investment decisions).
2. Criterion of the degree of difficulty in
budget balance: B (score)
This criterion values the degree of
difficulty faced by provinces or centrally run cities with coastal economic
zones in balancing the local budget, which is determined as follows:
a/ If the ratio of central budget support
capital to the total local budget expenditure is less than 40%, B = 0 (zero):
b/ If the ratio of central budget support
capital to the total local budget expenditure is 40% or more, B will be
calculated according to the following formula:
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3. Criterion of land area for infrastructure
development in the plan year: C (score)
This criterion values the degree of land use
for development of infrastructure of coastal economic zones in the plan year,
based on the comparison with the base land area of 25 ha corresponding to 10
points, which is determined according to the following formula:
Infrastructure development land area means
the total land areas of all traffic works, major technical infrastructure
facilities of coastal economic zones, projected to be constructed in the plan
year (excluding the land areas of works already completed and put to use).
4. Criterion of the degree of budget
remittance of coastal economic zones: D (score)
This criterion values the degree of budget
remittance of coastal economic zones, based on the comparison with the base
contribution level of VND KM) billion corresponding to 5 points, which is
determined according to the following formula:
Total budget revenue in a coastal economic
zone means the total collected tax amounts (excluding value-added tax and
excise tax on imports) and other lawful revenues in the coastal economic zone,
which are paid into the State Treasury of the year preceeding the plan year.
5. Additional criteria:
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This criterion is determined on the basis of
comparison between the total used land areas of big projects and a base project
of 150 ha corresponding to 10 points, which is determined according to the
following formula:
Total used land area of big projects means
the total land area under compensation and ground clearance of big investment
projects in economic zones, which have been granted the investment certificates
or investment decisions (applicable only to on-going projects with an
implementation duration not exceeding 2 years).
b/ Criterion of the degree of development
priority of coastal economic zones: F (score)
This criterion is determined as follows:
- Coastal economic zones enjoying development
priority under the Prime Minister's Decision No. 1353/QD-TTg of September 23,
2008: F = 10 points;
- The remaining coastal economic zones: F = 0
(zero) point.
The data for determination of points of the
above-said criteria are the data of the year preceeding the plan year.
6. Total score of a coastal economic zone: K
(score)
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The total score will be rounded on the
principle that 0.5 point or higher is rounded up to 1 point.
II. Determination of central budget support
capital for a coastal economic zone
The central budget support capital of a plan
year for a coastal economic zone is determined according to the following
formula:
Of which:
Vi. is total central budget
support capital, calculated in VND billion, of the plan year for the coastal
economic zone i;
V is total central budget capital, calculated
in VND billion of the plan year to support investment in balance with all
localities having coastal economic zones;
Ki is total score of the coastal
economic zone i. determined under the provisions of Section I;
n is number of coastal economic zones
established by the time of formulation of an annual plan.-