THE
GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
35/2002/ND-CP
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Hanoi,
March 29, 2002
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DECREE
AMENDING AND
SUPPLEMENTING LISTS A, B AND C ISSUED IN THE APPENDIX TO THE GOVERNMENT�S DECREE No. 51/1999/ND-CP OF
JULY 8, 1999 WHICH DETAILS THE IMPLEMENTATION OF THE LAW ON DOMESTIC INVESTMENT
PROMOTION (AMENDED)
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of December 25, 2001;
Pursuant to (amended) Law No. 03/1998/QH10 of May 20, 1998 on Domestic
Investment Promotion;
At the proposal of the Minister of Planning and Investment,
DECREES:
Article 1.- To amend and
supplement (in the Appendix) the List of branches and trades eligible for
investment preferences (List A), the List of geographical areas meeting with
socio-economic difficulties (List B) and the List of geographical areas meeting
with special socio-economic difficulties (List C) in replacement of List A,
List B and List C in the Appendix issued together with the Government’s Decree
No. 51/1999/ND-CP of July 8, 1999 detailing the implementation of the Law on
Domestic Investment Promotion (amended), hereafter called Decree No.
51/1999/ND-CP for short.
Article 2.- Stipulations
for projects entitled to investment preferences are as follows:
1. Investment projects on the Lists prescribed
in Article 1 of this Decree shall be entitled to investment preferences under
the provisions of Decree No. 51/1999/ND-CP as from the date this Decree takes
effect.
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3. For investment projects already granted the
investment preference certificates, if they also meet the conditions prescribed
in Article 1 of this Decree, and the investors have dossiers of registration
for adjustment and/or addition of investment preferences, the agencies that
have granted the investment preference certificates shall adjust and/or add
preferences for the remaining preferential duration after this Decree takes
effect.
4. For investment projects which have been
implemented but not yet registered for investment preferences according to the
provisions of Decree No. 51/1999/ND-CP, if they meet the conditions prescribed
in Article 1 of this Decree, and the investors have dossiers of registration
for investment preferences, they shall be granted by the competent agencies the
investment preference certificates for the project’s remaining preferential
duration (if any), counting from the effective date of this Decree.
5. The State shall not refund taxes and
financial obligations already paid by the investors during the time before this
Decree takes effect.
Article 3.- In each period,
the Prime Minister shall decide the specific amendment and/or addition of
branches, trades and geographical areas eligible for investment preferences
according to Lists A, B and C.
Article 4.- This Decree
takes effect 15 days after its signing.
Article 5.- The Ministry of
Planning and Investment shall have to monitor and urge the implementation of
this Decree, and once every 6 months, make a preliminary review and report to
the Government on the implementation situation as well as arising problems to
be handled.
Article 6.- The ministers,
the heads of the ministerial-level agencies, the heads of the agencies attached
to the Government and the presidents of the People’s Committees of the
provinces and centrally-run cities shall have to amend and/or supplement
relevant legal documents to make them compatible with the provisions of the
Decree, and implement this Decree.
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APPENDIX
(Issued together with the Government’s Decree No. 35/2002/ND-CP
of March 29, 2002 amending and supplementing the Appendix issued together with
Decree No. 51/1999/ND-CP of July 8, 1999 which details the implementation of
the (amended) Law on Domestic Investment Promotion)
LIST A
BRANCHES AND
TRADES ELIGIBLE FOR INVESTMENT PREFERENCES
Projects for investment in branches and trades
of the following domains shall be eligible for preferences:
I. Afforestation and zoning for forest
regeneration; planting perennial trees on unused land, waste land and/or bare
hills; virgin land reclamation; salt-making; aquaculture in unexploited water
areas:
1. Forest planting and tending.
2. Planting long-term industrial trees and fruit
trees on unused land, waste land and/or bare hills.
3. Virgin land reclamation in service of
agricultural, forestry and fishery production.
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5. Farming assorted aquatic resources in
unexploited water areas.
II. Infrastructure construction, development of
public transportation; development of education and training, health care and traditional
cultures:
1. Investment in building electric power plants,
electricity distribution and transmission networks, building establishments
operated by solar energy, wind power or bio-gas.
2. Investment in building water plants and water
supply systems in service of daily life and industry; investment in building
water drainage systems.
3. Investment in building and modernizing
land-road bridges, airports, harbors, railway stations, car stations and car
parks; opening new rail lines.
4. Building technical infrastructure in
concentrated population quarters in the localities on List B or C issued
together with this Decree.
5. Developing public transportation: investment
in railway transportation means, land-road passenger transportation by cars of
17 seats or more, waterway passenger transportation by mechanized means.
6. Investment in providing Internet connection,
Internet access and Internet application services in geographical areas on
Lists B and C issued together with this Decree; postal matter and parcel
services.
7. Opening semi-public, people-founded and
private schools at the different levels: pre-school education, general
education, professional secondary education and tertiary education.
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9. Setting up traditional culture houses and art
troupes; producing, making and repairing traditional musical instruments; and
renovating conservation areas, museums and traditional culture houses.
10. Setting up people-founded and private
hospitals for medical examination and treatment, setting up establishments for
epidemics prevention and combat as well as hygiene; setting up concentrated
relief centers caring for the disabled and orphans, and geriatric centers.
III. Export goods production and trading:
Projects on producing and trading in goods with
the export turnover exceeding 30% of the total value of the goods produced
and/or traded in by the project in a fiscal year.
IV. Offshore fishing; processing of agricultural,
forest and aquatic products; technical services directly for agricultural,
forestry and fishery production:
1. Offshore fishing.
2. Processing of agricultural products from domestic
raw material sources: livestock and poultry processing; vegetable and fruit
processing and preservation; producing oil, essential oil and fatty substances
from plants; producing liquid milk and products extracted from milk; crude
powder production; producing feed for livestock, poultry and aquatic animals;
producing bottled and canned drinks from fruits.
3. Producing paper pulp, paper, paperboard and
artificial board directly from domestic sources of agricultural and forest raw
materials.
4. Preserving and processing aquatic resources
from domestic raw material sources.
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V. Scientific, technological research and
development as well as services; consultancy on legal matters, investment,
business, business administration, intellectual property right protection and
technological transfer:
1. Investment in building technical
establishments and works: laboratories and experimental stations, aiming to
apply new technologies to production; producing new materials and rare and
precious materials.
2. Investment in producing computers and
software products.
3. Providing services: information technology
research and developing human resources for information technology.
4. Investment in producing semiconductors and
electronic components; producing telecommunication and Internet equipment;
applying new technologies to production of information and telecommunication
equipment.
5. Applying high-tech industries; applying new
biological technologies to the health service and production of plant seeds and
animal breeds, biological fertilizers, biological insecticides and veterinary
vaccines; treatment of wastes and environmental pollution, re-cycling discarded
materials and wastes.
6. Applying technologies which consume or
produce machinery or equipment consuming biological energy, wind power, solar,
or geothermal energy, tidal power.
7. Consultancy on legal matters, investment,
business administration, scientific and technical consultancy services;
intellectual property right and technological transfer.
VI. Investment in establishing production
chains, business/production scale expansion and technological renovation;
ecological and environmental improvement and urban sanitation; relocation of
production establishments from urban areas; diversification of branches, trades
and products:
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2. Investment in waste treatment works for
environmental protection; garbage collection.
3. Investment in relocation of production
establishments from inner cities or into industrial parks, export-processing
zones, high-tech parks or industrial clusters.
VII. Other branches and trades:
1. Planting sugarcane, cotton and tea in service
of the processing industry; planting pharmaceutical plants; producing plant
seeds and animal breeds.
2. Manufacturing children’s toys; weaving
fabrics and perfecting textile products; producing silk and fiber of various
kinds; leather tanning and preliminary processing.
3. Livestock and poultry breeding and
aquaculture under the program on restructuring agricultural economy with the
farm scale or larger.
4. Producing base chemicals, pure chemicals,
special-use chemicals and dye.
5. Investment in producing curative medicines
for men; medical equipment and orthopaedical instruments; wheelchairs and
instruments used exclusively for the disabled; building storehouses for
preservation of pharmaceuticals; storing curative medicines for men for
prevention and combat against floods and typhoons, natural disasters and
dangerous epidemics; plant protection drugs; preventive and curative medicines
for animals and aquatic resources.
6. Investment in manufacturing medium- and
high-voltage electric instruments; diesel engines; equipment and accessories
for cargo and fishing ships; machine tool, machinery, equipment, accessories
and machines in service of agricultural and forestry production; food
processing machines; machines for textile and garment industry; machines for
leather industry; mining machines; construction machines; industrial robots;
locomotives and carriages; assorted automobiles and their accessories; electric
generators; precision equipment; equipment and machinery for inspecting and
controlling safety of the industrial production process; manufacturing moulds
for metal and non-metal products; building and repairing ships and boats;
manufacturing waste treatment equipment.
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8. Traditional handicraft and fine art crafts:
carving; mother-of-pearl inlaying; lacquer ware; intaglio; wickerwork; carpet
making, silk weaving, brocade-weaving and lace-making; pottery and ceramics
production; fine art bronze article and poonah paper production.
9. Investment in building class-I markets and
exhibition zones; trade promotion, capital-mobilizing and -lending activities
of people’s credit funds.
10. Sea- pilotage and rescue services.
11. Investment in building national tourist
sites and ecological tourist areas; national gardens; investment in building
culture parks with diversified sports, recreation and entertainment activities.
12. Investment in construction and commercial
operation of infrastructures in industrial parks, export-processing zones and high-tech
parks. Investment in manufacturing and processing in industrial parks,
export-processing zones, high-tech parks, small- and medium-sized industrial
parks, and industrial clusters.
LIST B
GEOGRAPHICAL
AREAS MEETING WITH SOCIO-ECONOMIC DIFFICULTIES
I. Districts of high-land provinces:
1. Bac Kan province
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2. Cao Bang province
1. Cao Bang provincial capital.
3. Ha Giang province
1. Bac Quang district
2. Ha Giang provincial capital.
4. Lai Chau province
1. Dien Bien Phu provincial town
2. Dien Bien district
3. Lai Chau provincial capital.
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1. Bao Thang district
2. Cam Duong provincial town
3. Lao Cai provincial capital.
6. Son La province
1. Mai Son district
2. Son La provincial capital
3. Yen Chau district.
II. Districts of mountainous provinces and delta
areas:
7. Bac Giang province
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2. Luc Nam district
3. Yen The district.
8. Hoa Binh province
1. Kim Boi district
2. Ky Son district
3. Lac Son district
4. Luong Son district
5. Lac Thuy district
6. Tan Lac district
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8. Cao Phong district.
9. Lang Son province
1. Bac Son district
2. Cao Loc district
3. Chi Lang district
4. Huu Lung district
5. Loc Binh district
6. Trang Dinh district
7. Van Lang district
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10. Phu Tho province
1. Doan Hung district
2. Ha Hoa district
3. Song Thao district
4. Thanh Ba district
5. Tam Thanh district
6. Phu Ninh district.
11. Quang Ninh province
1. Hoanh Bo district
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3. Tien Yen district
4. Van Don district
5. Hai Ha district
6. Dam Ha district.
12. Tuyen Quang province
1. Ham Yen district
2. Son Duong district
3. Yen Son district
4. Tuyen Quang provincial capital.
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1. Dong Hy district
2. Dai Tu district
3. Dinh Hoa district
4. Phu Luong district.
14. Yen Bai province
1. Tran Yen district
2. Van Yen district
3. Van Chan district
4. Yen Binh district
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15. Binh Phuoc province
1. Dong Phu district
2. Phuoc Long district
3. Binh Long district.
16. Dak Lak province
1. Cu Jut district
2. Cu M�gar
district
3. Dak Rlap district
4. Dak Mil district
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6. Ea Kar district
7. Krong Pac district
8. Krong Buk district
9. Krong A Na district
10. Krong Nang district.
17. Gia Lai province
1. An Khe district
2. Ayun Pa district
3. Chu Se district.
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1. Kon Tum provincial capital.
19. Lam Dong province
1. Bao Lam district
2. Cat Tien district
3. Di Linh district
4. Da Teh district
5. Don Duong district
6. Duc Trong district
7. Da Huoai district
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20. Binh Thuan province
1. Bac Binh district
2. Duc Linh district
3. Ham Thuan Bac district
4. Tanh Linh district
5. Ham Thuan Nam district.
21. Binh Dinh province
1. Hoai An district
2. Phu My district
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4. Tay Son district.
22. Hai Duong province
1. Chi Linh district
2. Kinh Mon district.
23. Ha Tinh province
1. Huong Khe district
2. Huong Son district
3. Ky Anh district
4. Nghi Xuan district.
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1. Tam Diep provincial town
2. Nho Quan district
3. Yen Mo district.
25. Nghe An province
1. Anh Son district
2. Nghia Dan district
3. Tan Ky district
4. Thanh Chuong district.
26. Ninh Thuan province
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2. Ninh Phuoc district.
27. Phu Yen province
1. Song Cau district
2. Tuy Hoa district
3. Tuy An district.
28. Quang Tri province
1. Dak Rong district
2. Vinh Linh district
3. Gio Linh district
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5. Trieu Phong district
6. Hai Lang district.
29. Quang Nam province
1. Dai Loc district
2. Que Son district.
30. Quang Ngai province
1. Nghia Hanh district
2. Son Tinh district.
31. Thanh Hoa province
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32. Thua Thien-Hue province
1. Nam Dong district
2. Quang Dien district
3. Phong Dien district
4. Huong Tra district
5. Phu Loc district
6. Phu Vang district.
33. An Giang province
1. An Phu district
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3. Tinh Bien district
4. Thoai Son district.
34. Bac Lieu province
1. Bac Lieu provincial capital
2. Vinh Loi district.
35. Ca Mau province
1. Thoi Binh district
2. Tran Van Thoi district
3. Cai Nuoc district
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5. Ngoc Hien district.
36. Dong Nai province
1. Dinh Quan district
2. Tan Phu district
3. Xuan Loc district
4. Long Khanh district.
37. Kien Giang province
1. Chau Thanh district
2. Hon Dat district
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4. An Minh district
5. Tan Hiep district
6. Ha Tien provincial capital
7. Kien Luong district.
38. Khanh Hoa province
1. Van Ninh district
2. Cam Ranh district
3. Dien Khanh district.
39. Soc Trang province
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2. My Xuyen district
3. Soc Trang provincial capital.
40. Tra Vinh province
1. Cau Ngang district
2. Cau Ke district
3. Tieu Can district.
41. Vinh Phuc province
1. Lap Thach district
2. Tam Duong district
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42. Can Tho province
1. Long My district
2. Vi Thuy district
3. O Mon district.
43. Tay Ninh province
1. Tan Bien district
2. Tan Chau district
3. Chau Thanh district
4. Ben Cau district.
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1. Thai Thuy district.
45. Long An province
1. Duc Hue district
2. Tan Hung district
3. Vinh Hung district
4. Moc Hoa district
5. Tan Thanh district
6. Duc Hoa district.
46. Dong Thap province
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2. Tan Hong district
3. Tam Nong district
4. Thap Muoi district.
47. Tien Giang province
1. Tan Phuoc district.
48. Quang Binh province
1. Quang Ninh district
2. Le Thuy district
3. Bo Trach district
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49. Ba Ria �
Vung Tau province
1. Chau Duc district
2. Xuyen Moc district.
50. Vinh Long province
1. Tra On district
2. Tam Binh district
3. Binh Minh district.
51. Ha Noi city
1. Soc Son district.
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1. Can Gio district
2. Nha Be district.
53. Ben Tre province
1. Thanh Phu district
2. Ba Tri district
3. Binh Dai district.
54. Bac Ninh province
1. Gia Binh district
2. Que Vo district.
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1. Ba Vi district.
56. Da Nang city
1. Hoa Vang district.
57. Ha Nam province
1. Thanh Liem district.
58. Hung Yen province
1. An Thi district
2. Phu Cu district
3. Tien Lu district.
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1. Phu Giao district.
LIST C
GEOGRAPHICAL
AREAS MEETING WITH SPECIAL SOCIO-ECONOMIC DIFFICULTIES
I. Districts of high-land provinces and islands:
1. Bac Kan province
1. Ba Be district
2. Bach Thong district
3. Cho Moi district
4. Cho Don district
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6. Na Ri district.
2. Cao Bang province
1. Bao Lac district
2. Ha Lang district
3. Ha Quang district
4. Hoa An district
5. Nguyen Binh district
6. Quang Uyen district
7. Thong Nong district
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9. Thach An district
10. Trung K0hanh district
11. Phuc Hoa district.
3. Ha Giang province
1. Bac Me district
2. Dong Van district
3. Hoang Su Phi district
4. Meo Vac district
5. Quan Ba district
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7. Xin Man district
8. Yen Minh district.
4. Lai Chau province
1. Muong Lay district
2. Muong Te district
3. Phong Tho district
4. Tua Chua district
5. Tuan Giao district
6. Sin Ho district
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8. Muong Nhe district
9. Tam Duong district.
5. Lao Cai province
1. Bac Ha district
2. Bat Sat district
3. Muong Khuong district
4. Than Uyen district
5. Van Ban district
6. Sa Pa district
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6. Son La province
1. Bac Yen district
2. Moc Chau district
3. Muong La district
4. Quynh Nhai district
5. Thuan Chau district
6. Song Ma district
7. Phu Yen district.
7. Binh Thuan province
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8. Ba Ria �
Vung Tau province
1. Con Dao district.
9. Da Nang city
1. Hoang Sa island district.
10. Hai Phong city
1. Bach Long Vi district
2. Cat Hai district.
11. Khanh Hoa province
1. Truong Sa district.
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1. Kien Hai district
2. Phu Quoc district.
13. Quang Ninh province
1. Co To district.
14. Quang Ngai province
1. Ly Son district.
II. Districts of mountainous provinces and delta
areas inhabited by ethnic minority people:
15. Bac Giang province
1. Son Dong district.
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1. Da Bac district
2. Mai Chau district.
17. Lang Son province
1. Binh Gia district
2. Dinh Lap district.
18. Phu Tho province
1. Thanh Son district
2. Yen Lap district.
19. Quang Ninh province
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2. Binh Lieu district.
20. Tuyen Quang province
1. Chiem Hoa district
2. Na Hang district.
21. Thai Nguyen province
1. Vo Nhai district.
22. Yen Bai province
1. Luc Yen district
2. Mu Cang Chai district
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23. Dak Lak province
1. Dak Nong district
2. Krong No district
3. Krong Bong district
4. Lak district
5. Buon Don district
6. M�Drak
district
7. Ea Sup district
8. Dak Song district.
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1. Duc Co district
2. K�Bang
district
3. Krong Pa district
4. Kon Ch�ro
district
5. Mang Yang district
6. Ia Grai district
7. Chu Prong district
8. Chu Pah district.
25. Kon Tum province
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2. Dak Glei district
3. Kon Plong district
4. Sa Thay district
5. Dak Ha district
6. Ngoc Hoi district
7. Kon Ray district.
26. Lam Dong province
1. Lac Duong district.
27. Kien Giang province
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2. Go Quao district
3. Vinh Thuan district.
28. Soc Trang province
1. My Tu district
2. Thanh Tri district
3. Vinh Chau district
4. Cu Lao Dung district.
29. Tra Vinh province
1. Chau Thanh district
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30. Binh Dinh province
1. An Lao district
2. Vinh Thanh district
3. Van Canh district.
31. Khanh Hoa province
1. Khanh Vinh district
2. Khanh Son district.
32. Ninh Thuan province
1. Ninh Son district.
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1. Tan Thanh district.
34. Bac Lieu province
1. Hong Dan district.
35. Binh Phuoc province
1. Bu Dang district
2. Loc Ninh district.
36. Ca Mau province
1. U Minh district.
37. Thanh Hoa province
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2. Ba Thuoc district
3. Lang Chanh district
4. Thuong Xuan district
5. Quan Son district
6. Muong Lat district
7. Nhu Xuan district
8. Ngoc Lac district
9. Cam Thuy district
10. Nhu Thanh district.
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1. Ky Son district
2. Tuong Duong district
3. Con Cuong district
4. Que Phong district
5. Quy Hop district
6. Quy Chau district.
39. Quang Binh province
1. Minh Hoa district
2. Tuyen Hoa district.
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1. Huong Hoa district.
41. Thua Thien Hue province
1. A Luoi district.
42. Quang Nam province
1. Hien district
2. Giang district
3. Phuoc Son district
4. Tra My district
5. Hiep Duc district
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7. Nui Thanh district.
43. Quang Ngai province
1. Ba To district
2. Tra Bong district
3. Son Tay district
4. Son Ha district
5. Minh Long district
6. Binh Son district.
44. Phu Yen province
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2. Song Hinh district
3. Dong Xuan district.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai