I. ESTABLISHMENT PROCESS OF DANANG HI-TECH PARK AND DANANG HI-TECH PARK MANAGEMENT BOARD
On October 16, 2003, the Vietnamese Politburo promulgated Resolution No. 33-NQ/TW on the building up and development of Danang City in the process of industrialisation and modernisation till 2020. The Resolution states that:
“Building up Danang into one of the national large cities and a major socio-economic center of Central Vietnam; an industrial, commercial and services center; a seaport city, an important transport hub for domestic and foreign goods transit; a post-telecommunication and financial-banking center; one of the culture - sports, education - training and science - technology centers in the central region; a strategic locality for national defense and security of Central Vietnam and the whole country”. Concurrently, the direction of developing Danang City till 2020 is “paying special attention to the development of hi-tech industries, high quality services, and hi-tech centers construction”.
On August 13, 2004, the Prime Minister promulgated Decision No. 148/2004/QD-TTg on major orientations for socio-economic development of the Central Vietnam key economic region till 2010, with a vision to 2020. As stated in the Decision, Danang City strives for the nucleus city for growth and the driving force for the development of the whole Central Vietnam and Western Highlands at large.
In order to realize all those above directions, the Government utilizes all its resources investing in the Key Economic Zone in general and Danang City in particular. There have been many large-sized projects on infrastructure some of which are already finished and some are in progress such as Hai Van Tunnel, Danang – Quang Ngai Express Way, Chu Lai Open Economic Zone (Quang Nam), Dung Quat Economic Zone (Quang Ngai), Nhon Hoi Economic Zone (Binh Dinh), upgrading and expanding Danang International Airport, etc.
The Party Congress-Term XX in Danang City determined 5 breakthroughs on socio-economic development of Danang City in the 2010-2015 period: “First, develop services, especially tourism and commercial services; Second, develop hi-tech industries, ICT industries; Third, establish synchronous and modern infrastructure; Fourth, build up good cultural environment and carry out social policies rich in humanity; Fifth, develop high quality human resources at fast pace”
In order to realize the direction of developing the Hi-Tech Park, on December 18, 2009, Danang People’s Committee promulgated Decision No. 9448/QD-UBND on establishing Management Board of Danang Hi-Tech Park Construction Invesment Project so that it could carry out all necessary legal procedures regarding establishing Danang Hi-Tech Park.
On October 28, 2010, the Prime Minister promulgated Decision No. 1979/QD-TTg on establishing and promulgating the operation regulation of Danang Hi-Tech Park and Decision No. 1980/QD-TTg on establishing Danang Hi-Tech Park Management Board.
Then, after the other two Hi-Tech Parks in Hanoi and Ho Chi Minh City, Danang Hi-Tech Park is the third one of the whole country. In the future, Danang Hi-Tech Park will be a destination for both domestic and foreign investors, boosting the science and technology development of Danang City in particular and Central Vietnam and Western Highlands in general. Danang Hi-Tech Park Management Board has the function of government authority for Danang Hi-Tech Park.
II. FUNCTIONS AND MANDATES OF DHTP’S MANAGEMENT BOARD
(Based on Decision No. 1979/QD-TTg dated 28th October 2010 of the Prime Minister on establishing and promulgating operating regulations on Danang Hi-Tech Park)
1. To elaborate and submit to competent authorities for approval and promulgation:
a/ The master plan and annual, five-year and long-term plans on the Hi-Tech Park; plans on and organization of scientific and technological activities.
b/ Annual development investment plans and budget estimates (development investment spending and regular spending).
c/ Incentive mechanisms and policies for the Hi-Tech Park: special incentives for cadres, civil servants and employees working at the Management Board.
d/ Projects with state budget funds and aid for Hi-Tech Park development investment.
e/ Charge rates for use of the Hi-Tech Park's infrastructure.
f/ Legal and other documents on the Hi-Tech Park.
2. To organize, inspect and urge the implementation of legal documents, policies, master plans, plans, programs, schemes and projects in the Hi-Tech Park. To regulate and provide guidance on the implementation of professional operations and working principles and rules of the Management Board.
3. To direct and organize the implementation of state-funded construction investment projects under law; to act as the investor of state-funded works under its management; to organize investment and trade promotion and marketing activities at home and abroad to attract investment into the Hi-Tech Park.
4. To manage and organize the implementation of plans:
a/ to manage and organize the implementation of the master plan on the Hi-Tech Park after it is approved by competent authorities;
b/ to elaborate and manage and supervise the implementation of the detailed plan to build functional sections;
c/ to grant, modify and withdraw construction planning certificates for investment projects in the Hi-Tech Park;
d/ to implement the plan to build and develop the Hi-Tech Park after it is approved by competent authorities;
5. To manage and use land:
a/ to coordinate with local administrations and concerned agencies in organizing resettlement, compensation and ground clearance in the Hi-Tech Park.
b/ to elaborate detailed plans and land use plans of the Hi-Tech Park.
c/ to collect land use levies and land rents. To reach agreement with infrastructure operators in setting rent rates for land with technical infrastructure under law.
d/ to assume the prime responsibility for, and coordinate with competent agencies in, organizing bidding and auction of land use rights under law.
e/ to inspect and supervise land use in the implementation of investment projects under land allocation or lease decisions.
6. To manage infrastructure investment, construction and exploitation:
a/ to decide on and manage state-funded technical infrastructure construction projects according to its competence; to receive and managed ODA projects and projects financing investment in the Hi-Tech Park.
b/ to sign BOT (build-operate-transfer), BTO (build-transfer-operate) and BT (build-transfer) contracts under authorization of competent authorities and under law.
c/ to approve under law basic designs of investment projects in the Hi-Tech Park based on the master plan and detailed plan.
d/ to raise investment funds for, and select investors of, infrastructure construction, to open bidding under regulations and support infrastructure investors in the Hi-Tech Park.
e/ to manage technical design dossiers and takeover test records of infrastructure works in the Hi-Tech Park.
f/ to give opinions on the construction of electricity and water supply works and post and telecommunications works outside the Hi-Tech Park, which are implemented by specialized enterprises, to ensure conformity with planning and construction schedule of the Hi-Tech Park.
g/ to ensure investment progress of technical infrastructure construction and service provision under contracts with project investors.
h/ to guide infrastructure investors, builders, dealers, operators and users in complying with technical processes and regulations of the State; to reach agreement on charge rates for infrastructure use and infrastructure-related services.
i/ to directly manage, operate, use, upgrade and maintain state-funded technical infrastructure works in the Hi-Tech Park.
7. To manage investment projects:
a/ to decide on priorities and supports for organizations, individuals and enterprises conducting hi-tech research, training, incubation, production, business and services on the basis of the list of high technologies prioritized for development investment and the list of high technologies promoted for development;
b/ to appraise application dossiers of certificates of investment in (the Hi-Tech Park) under law;
c/ to grant, re-grant, modify, extend and withdraw the following certificates and licenses:
- Investment certificates:
- Representative office licenses of domestic and foreign organizations and individuals:
- Work construction licenses;
- Work permits of foreigners and overseas Vietnamese working in the Hi-Tech Park: labor books of Vietnamese working in the Hi-Tech Park under law;
- Certificates of origin of goods, other licenses and certificates under law.
d/ to examine and certify in written the reports on hi-tech application projects and hi-tech research and development schemes and plans submitted by organizations and individuals engaged in hi-tech application, research and development in the Hi-Tech Park to the Ministry of Science and Technology.
8. To manage other activities
a/ Management and protection of natural resources and environment and sustainable development
- to approve environmental impact assessment reports and certifies written commitments to environmental protection of investment projects in the Hi-Tech Park under authorization and law;
- to coordinate with the Ministry of Natural Resources and Environment and local environment management agencies in managing and examining the application of measures to protect natural resources and the environment in the Hi-Tech Park; to propose competent agencies to handle violations of the law on natural resources and environment.
b/ Management of labor, residence, security and order
- to manage, examine and urge the implementation of the law on labor and residence in the Hi-Tech Park as authorized by competent state agencies.
- to assume the prime responsibility for, and coordinate with local administrations and concerned agencies in, promulgating regulations to assure security, order, fire prevention and control, and cultured lifestyle in the construction, management and exploitation of works in the Hi- tech Park.
c/ Foreign investment cooperation, venture investment and commercialization of hi-tech products
- to carry out foreign cooperation on hi-tech investment under regulations on foreign cooperation on investment in science and technology;
- to organize venture investment activities for hi-tech development; to propose the formation and create favorable conditions for the operation of hi-tech venture investment funds;
- to organize and manage hi-tech production research and development activities under law.
d/ Internal management
- to manage the organizational apparatus, payroll and training of cadres, civil servants and employees working at the Management Board under law; to use funds and assets allocated to it under law;
- to reform administrative procedures in the Hi-Tech Park under administrative reform programs and plans of Danang People's Committee.
e/ Inspection and examination
To coordinate with state management agencies in inspecting and examining enterprises in the Hi-Tech Park in implementing law; to settle complaints and denunciations, to prevent and fight corruption, waste and negative practices and handle violations of law under its state management under law.
9. To regularly report to Danang People's Committee, the Ministry of Science and Technology, concerned ministries and sectors and the Prime Minister on investment in, and construction, development, management and operation of the Hi-Tech Park.
10. To perform its tasks and powers under this Regulation and other tasks assigned by Danang People's Committee under law.