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THE PRIME MINISTER
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 66/2010/QD-TTg
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Hanoi, October 27, 2010
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DECISION
ESTABLISHING, AND PROMULGATING THE OPERATION
REGULATION OF, NAM CAN ECONOMIC ZONE, CA MAU PROVINCE
THE PRIME MINISTER
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the Government's Decree No. 108/2006/ND-CP of September 22, 2006,
detailing and guiding the implementation of the 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. To establish Nam
Can Economic Zone, Ca Mau province, with an area of 11.000 ha, and promulgate
together with this Decision the Operation Regulation of Nam Can Economic Zone,
Ca Mau province.
Article 2. This Decision
takes effect on January 1, 2011.
Article 3. Ministers, heads
of ministerial-level agencies, heads of government-attached agencies and
chairpersons of provincial-level People's Committees shall implement this
Decision.
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PRIME MINISTER
Nguyen Tan Dung
OPERATION REGULATION
OF NAM CAN ECONOMIC ZONE, CA MAU PROVINCE
(Promulgated together with the Prime Minister's Decision No. 66/2010/QD-TTg
of October 27, 2010)
Article 1.
This Regulation provides for the scope, size, development objectives,
organization and operation of Nam Can Economic Zone, Ca Mau province.
Article 2.
Scope and size of Nam Can Economic Zone
1. Nam Can Economic Zone is located along the
corridor of national highway 1A and has an area of 11,000 ha in Nam Can
district, Ca Mau province. It covers Nam Can township, Ham Rong and Hang Vinh
communes, and Ong Do hamlet of Dat Moi commune. Its geographical boundaries arc
identified as follows:
a/ To the north, it borders on Cai Nuoc district, and
Dam Doi district (the southern bank of Bay Hap river).
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c/ To the east, it borders on Hiep Tung commune. Nam
Can district.
d/ To the west, it borders on Dat Moi and Lam Hai
communes. Nam Can district.
2. Nam Can Economic Zone, comprising functional
areas, socio-technical infrastructure facilities, public service and utility
facilities, within the national territory and under the national sovereignty,
has a separate economic space with a favorable and equal investment and
business environment. It adopts stable and long- term incentive policies and
open management mechanisms favorable for investors to develop production, trade
in goods and provide services under the current legal framework.
Article 3.
Nam Can Economic Zone's development objectives
1. To make the fullest use of the advantages of
natural conditions and geographical, economic and political and positions in
domestic and international trade and services and promote the socio-economic
development of Ca Mau province and the Mekong River delta, to narrow the gap
between this region and other regions across the country.
2. To build and develop Nam Can Economic Zone with
such key industries as mechanical engineering, ship building and repair,
machine assembly, electronics, processing of aquatic products for export,
petroleum services, garments, construction materials, production of consumer
goods, and other allied industries. To develop a coastal submerged eco-tourist
zone and sea-island tourism, port economy, and non-tariff area in association
with the port and urban residential area.
3. To generate jobs, train, and improve the quality
of, human resources, and increase laborers' incomes.
4. From now through 2011, to complete the general
planning and detailed planning on construction of functional areas of Nam Can
Economic Zone.
5. During 2012-2015, to focus on building Nam Can
Economic Zone's infrastructure facilities: building major infrastructure
facilities connected to functional areas, as well as infrastructure within each
area; developing social welfare, cultural, sports and service works: filling up
and leveling ground areas in an order of priority for the implementation of
investment projects; attracting and investing in a number of production and
business development projects.
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Article 4.
Vietnamese organizations and individuals of all economic sectors, overseas
Vietnamese and foreign investors are encouraged to make investment in Nam Can
Economic Zone in commercial operation of infrastructure, industrial
development, urban development, seaport, trade, services, tourism, recreation,
entertainment, finance-banking, transport, insurance, education, training,
culture, physical training and sports, science and technology, healthcare,
housing, import, export, and other production and business activities protected
by Vietnamese law and relevant treaties.
Article 5.
1. Nam Can Economic Zone has two main functional
areas: a non-tariff area and a tariff area.
a/ The non-tariff area is identified in the general
planning on Nam Can Economic Zone construction and the detailed land use
planning. It shall operate under the Regulation on operation of non-tariff
areas within Economic Zones or border-gate Economic Zones promulgated together
with the Prime Minister's Decision No. 100/2009/QD-TTg;
b/ The remaining area is the tariff area, which
embraces such functional centers as port and port-related logistic service
center, industrial, tourist resort and recreation and entertainment centers,
distribution zone, aquaculture and forest areas, urban residential center, and
administrative center.
c/ The size and location of each functional center or
area mentioned at Points a and b, Clause 1 of this Article are identified in
the Prime Minister-approved general planning on Nam Can Economic Zone
construction.
2. The Nam Can Economic Zone Management Board (below
referred to as the Management Board) may hire foreign consultancy companies to
join in planning in detail functional areas such as the urban center, the
non-tariff area, the tourist center and others in conformity with the general
planning on Nam Can Economic Zone construction.
The planning and construction of Nam Can Economic
Zone must prevent overlap with areas where exist minerals or areas already
planned for mineral prospecting and exploitation.
Article 6.
Foreign investors may provide international telecommunications services
exclusively for Nam Can Economic Zone and decide by themselves charge tariffs
in conformity with Vietnam's committed international integration roadmap.
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1. The Prime Minister shall approve the whole
special-use land and water surface areas for construction and development of
functional areas and the non-tariff area within Nam Can Economic Zone. The
People's Committee of Ca Mau province shall, in response to development
requirements, allocate land in each period to the Management Board for
construction and development of Nam Can Economic Zone under law.
2. Domestic organizations and individuals and
overseas Vietnamese may be allocated or leased land. Foreign organizations and
individuals may rent land to implement investment projects in Nam Can Economic
Zone and have the rights and obligations corresponding to the mode of land
allocation or lease under the land law.
Article 8.
The construction of production and business support works, functional centers'
infrastructure facilities, technical infrastructure facilities and public
service and utility works within Nam Can Economic Zone shall be managed under
the construction law.
Before building a work, an investor shall submit a
dossier of request for permission to the Management Board under the
construction law. Within 7 working days after receiving a complete and valid
dossier, the Management Board shall consider it, make decision and reply the
investor in writing.
When building works, investors shall closely
collaborate with defense management agencies to ensure that construction does
not affect defense and security tasks in defense zones. Work construction
investment must comply with the Ordinance on Protection of Military Works and
Zones; the Government's Decree No. 20/2009/ ND-CP of February 23, 2009, on the
management of heights of aviation barricades and battlefields for management
and protection of Vietnam's airspace; and master plans on the location of
defense works in the area.
Any historical or cultural relics discovered during
work construction shall be handled under the Law on Cultural Heritages.
Article 9.
Investment; state management; operation, rights and obligations of domestic and
foreign organizations and individuals engaged in goods production and trading
and service provision, and constructors and commercial operators of
infrastructure in Nam Can Economic Zone; investment support and modes to raise
funds for socio-technical infrastructure development; taxes, customs, land,
construction, trade, labor and environmental protection; operation of the
non-tariff area; and entry into, exit from and residence within Nam Can
Economic Zone comply with current law and treaties to which Vietnam is a
contracting party. -
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