THE PRIME
MINISTER
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No: 43/2009/QD-TTg
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Hanoi, March 19,
2009
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DECISION
ON INTRODUCTION OF
FINANCIAL ASSISTANCE POLICIES FOR TECHNICAL INFRASTRUCTURES IN DISAVANTAGED
AREAS
THE PRIME MINISTER
Pursuant to the Law on Government organization
dated December 25, 2001;
Pursuant to the Law on State budget dated
December 16, 2002;
Pursuant to the Government’s Decree
No.60/2003/ND-CP detailing and guiding the implementation of the law on the
State budget dated June 06, 2003;
Pursuant to the Government’s Decree
No.29/2008/ND-CP on industrial zones, export processing zones and economic
zones dated March 14, 2008;
At requests in the Statement No. 8352/TTr-BKH
dated November 14, 2008 by the Minister of Planning and Investment.
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Article 1. Requirements for financial assistance
1. To be allocated funding for construction of
technical infrastructures in industrial zones from the central government
budget, the area shall satisfy the following requirements:
a) The amount of funding to the local budget from
the central government budget shall be greater than 60% of the local budget
expenditure; and
b) The industry’s contribution to local GDP shall
be at least 10% lower than that of the national GDP.
Such figures shall be determined prior to the
annual plan compilation according to the previous year figures.
2. Requirements for financial assistance in
construction and operation of technical infrastructures in industrial zones
(hereinafter referred to as “infrastructure project”) are as follows:
a) Areas in northern midland and mountainous
regions and the central highlands satisfying the requirement in clause 1 of
this Article may be granted funding for one infrastructure project.
b) Areas other than those in northern midland and
mountainous region and the central highlands satisfying the requirement in
clause 1 of this Article may be granted funding for two infrastructure
projects.
Article 2. Requirements for infrastructure
projects to be granted
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1. The industrial zone must be included in the
master plan for nationwide industrial zones approved or allowed to be added to
the planning by specific period by the prime Minister and constructed under the
Government’s regulations of laws.
2. The infrastructure project plays an important
role in economic structural change, local economic growth, local comparative
advantage development, job creation, locals’ living standard improvement and
environmental protection.
3. The infrastructures are wholly funded by
Vietnamese investors.
Article 3. Amount of funding and management of
funding allocation
1. The amount of funding:
a) The amount of funding for an industrial zone
infrastructure project in areas funded from the central government budget
specified in point a, clause 2; Article 1 hereof shall not exceed 100 billion
dong.
b) The amount of funding for an industrial zone
infrastructure project in areas funded from the central government budget
specified in point b, clause 2; Article 1 hereof shall not exceed
70 billion dong.
2. Management of funding allocation:
a) The use of funding from the central government
budget shall be focused on:
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- Industrial wastewater and waste treatment systems
(such as wastewater drainage systems, centralized wastewater treatment plants
and waste treatment systems).
b) In case the funding from the central Government
budget has been spent on completion of work stipulated in point a, clause 2 of
this Article or such work has been funded by another sources of finance, the
remainder shall be used for other work items or technical infrastructures in
such industrial zone ( including collector road, roads, bridges to the
industrial zone); or for work items or infrastructure projects of the second
industrial zone if the area satisfies requirements prescribed in point b,
clause, Article 1 hereof. The remainder of funding shall be prioritized to be
funded for:
- Technical infrastructures within the industrial
zone;
- Collector roads, roads, bridges to the industrial
zone.
- Technical infrastructures within the second
industrial zone, for those specified in point b, clause 1, Article 1 hereof.
c) The second industrial zone of the area in point
b, Article 1 hereof will be funded with the central government budget only if
it satisfies the following requirements:
- All work items of the first industrial zone
specified in point a, clause 2 of this Article has been completed or the first
industrial zone has been funded with the central government budget;
- The industrial land of the first industrial zone
leased or subleased by owners of projects being registered for investment or
granted the Investment Certificate shall be at least 60% of the total
industrial land
d) The funding from the central government budget
not properly spent shall be withdrawn.
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3. The funding for infrastructure projects in
industrial zones from central government budget shall be managed in accordance
with the Law on Investment and Law on State budget.
Article 4. Rights and obligations of the
Ministry of Planning and Investment
The Ministry of Planning and Investment shall:
1. Take charge of and cooperate with the Ministry
of Finance and relevant agencies to annually submit the plans for budget
allocation for infrastructure projects in industrial zones and the aggregate
state budget estimate to the Government, according to the central government
budget and project demand and execution.
2. Take charge of and cooperate with relevant
agencies to submit the annual report on the progress and effectiveness of
infrastructure projects in industrial zones funded with the central government
budget to the Prime Minister.
Article 5. Rights and responsibilities of
People’s Committees of provinces and centrally-affiliated cities (hereinafter
referred to as “province”)
Every People’s Committee of provinces shall:
1. Consider granting funding for infrastructure
projects in industrial zones within their province.
2. Decide the allocation of remainder for work
items in the industrial zones according to the order of priority specified in
point, clause 2 Article hereof.
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4. Submit annual reports on the management and use
of funding for the infrastructure projects in local industrial zones which
specify the management, allocation, effectiveness and expected demand of
funding to the Ministry of Planning and Investment by June 31 of every year.
Article 6. Entry into force
1. This Decision enters into force from May 18,
2009.
2. This Decision replaces assistance policies for
industrial zones stipulated in:
Point c, clause 2, Article 2 of the Prime
Minister’s Decision No.24/2008/QD-TTg on introduction of a socio-economic
development policies and mechanisms for the North Central Coast and Central
Coast of Vietnam to the year 2010 dated February 05, 2008.
b) Clause 3, Article 2 of the Prime Minister’s
Decision No.25/2008/QD-TTg on introduction of a socio-economic development
policies and mechanisms for the central highland of Vietnam to the year 2010
dated February 05, 2008.
b) Clause 5, Article 2 of the Prime Minister’s
Decision No.26/2008/QD-TTg on introduction of a socio-economic development
policies and mechanisms for the highlands of Vietnam to the year 2010 dated
February 05, 2008.
d) Point a, clause 1, Article 2 of the Prime
Minister’s Decision No.27/2008/QD-TTg on introduction of a socio-economic
development policies and mechanisms for the midlands and mountainous regions of
Northern Vietnam to the year 2020 dated February 05, 2008.
3. This Decision replaces the Decision No.
183/2004/QD-TTg on introduction of incentive policies for investment in
technical infrastructures in industrial zones in disvantaged areas dated
October 19, 2004 by the Prime Minister.
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Ministers, Heads of Ministerial-level agencies,
Government agencies and Presidents of People’s Committees of provinces shall be
responsible for the implementation of this Decision.
THE PRIME
MINISTER
Nguyen Tan Dung