Functions and Duties

Thứ năm - 09/11/2023 13:52 377

Binh Phuoc Economic Zone Authority

* Function
The Management Board carries out the direct state management function for industrial zones (IZs), economic zones (EZs), and high-tech agricultural application zones (HAZs) as regulated in Decree No. 35/2022/ND-CP dated May 28, 2022 of the Government on the management of industrial zones and economic zones and other relevant regulations; manages and organizes the implementation of public administrative services and other related support services for investment, production, and business activities for enterprises in IZs, EZs, HAZs; manages and operates the infrastructure invested by the State in IZs, EZs, HAZs.
* Duties and powers
  1. The Management Board shall perform the following tasks:
    1. Manage, disseminate, guide, inspect, and supervise the implementation of regulations, development plans, construction planning, and related plans for industrial zones, economic zones, and high-tech agricultural application zones that have been approved by competent state authorities.
    2. Perform the tasks of the investment registration agency, the Management Board of the economic zone in accordance with the investment laws for investment projects in industrial zones, export processing zones under the jurisdiction of the Management Board; monitor and evaluate the attraction of investment into each type of supported industrial zone, specialized industrial zone, high-tech industrial zone, and ecological industrial zone according to the sectors and occupations attracting investment as prescribed in point a Clause 3 Article 32 and point a Clause 2 Article 38 of Decree No. 35/2022/ND-CP dated May 28, 2022 of the Government on the management of industrial zones and economic zones; monitor and evaluate the implementation of regulations in Clause 5 Article 8, Clause 3 Article 9, and point c Clause 2 Article 27 of Decree No. 35/2022/ND-CP.
    3. Conduct project appraisal and design, construction cost estimation for projects, construction works in industrial zones, economic zones; inspect various construction works within the jurisdiction and perform other tasks of the specialized construction agency according to the regulations of the construction law for projects, construction works in industrial zones, economic zones.
    4. Issue, reissue, adjust, extend, revoke the License for establishment of The Representative Office and terminate the operation of The Representative Office of foreign organizations, traders with headquarters in industrial zones, economic zones according to the regulations of the commercial law.
    5. Provide, reissue, extend, revoke Work Permit and confirm foreign workers who are not eligible for Work Permit for foreigners working in Industrial Zones and Economic Zones.
    6. Perform certain tasks and authorities of the labor specialized agency under the Provincial People's Committee for workers working in Industrial Zones and Economic Zones.
    7. Fulfill the responsibility of environmental protection by the Management Board according to the regulations of environmental protection laws in Industrial Zones, Economic Zones, and High-tech Agricultural Application Zones;
    8. Receive registration of price framework and infrastructure usage fees from investors implementing construction and business projects for infrastructure in Industrial Zones, functional areas within Economic Zones.
    9. Check, monitor, and evaluate the implementation of investment objectives specified in the Decision approving the investment policy, Investment Registration Certificate, capital contribution progress, and investment project deployment; the fulfillment of commitments for projects enjoying investment incentives and compliance with regulations on construction, labor, wages, social insurance for workers, protection of legitimate rights of workers and employers, ensuring occupational safety and health, fire prevention and fighting, security, order, and environmental protection for projects in industrial zones, economic zones, and high-tech agricultural application zones;
    10. Collaborating with the police units and other authorized agencies, the unit is responsible for inspecting security, order, fire prevention, environmental protection, construction, and proposing measures to ensure security and order, organize security forces, fire brigades in industrial zones, economic zones, and high-tech agricultural application zones;
    11. Resolving difficulties and obstacles faced by investors in industrial zones, economic zones, and high-tech agricultural application zones and making recommendations to the Prime Minister, relevant ministries and agencies, and provincial People's Committees to address issues beyond their jurisdiction.
    12. Receive statistical reports, financial reports of businesses in industrial zones, economic zones; evaluate the socio-economic effectiveness of industrial zones, economic zones, and high-tech agricultural application zones; directly manage and operate the information system about industrial zones, economic zones.
    13. Coordinate with the Ministry of Planning and Investment in the construction and management of the national information system on industrial zones, economic zones under the management authority.
    14. Regular quarterly and annual reports to the Ministry of Planning and Investment and the Provincial People's Committee on the status of: construction and development of industrial zones and economic zones; receipt, issuance, adjustment, and revocation of investment registration certificates, approval decisions for investment projects; implementation of obligations towards the State; compliance with labor laws and environmental protection measures in industrial zones and economic zones.
    15. Support and provide information for businesses in industrial zones and economic zones to collaborate and cooperate with each other in implementing industrial symbiosis, adopting cleaner production measures, and transitioning into eco-industrial zones.
    16. Organize the movement of competition and rewards for businesses in industrial zones, economic zones, and high-tech agricultural application zones;
    17. Inspect, resolve complaints, denunciations, prevent and combat corruption, waste, negativity, and handle administrative violations within industrial zones, economic zones, and high-tech agricultural application zones in areas under the direct management of the Management Board; coordinate with competent state agencies to perform inspection and examination tasks as prescribed by law.
    18. Perform tasks in accordance with the provisions of the law and regulations of the Provincial People's Committee regarding the management of finance, assets, and budgets assigned; collect and manage various fees and charges; conduct scientific research and apply scientific and technological advances; collaborate with domestic and foreign organizations and individuals in fields related to industrial zone, economic zone, and high-tech agricultural application zones; manage organizational structure, staffing, civil servants, public employee, and provide professional training for civil servants and officials of the Management Board.
    19. Fulfill the role of a focal point advisor to assist the Provincial People's Committee in developing plans, managing, supporting the conversion, and developing new types of industrial zones and economic zones.
  2. The Management Board shall direct or organize the implementation of tasks.
    1. Grant, reissue, amend, supplement, and extend the License to establish representative offices and branches in the KKT for foreign tourism enterprises in accordance with the law and under the guidance or authorization of ministries, equivalent agencies, and provincial People's Committees.
    2. Hire domestic consultants, foreign consultants to provide investment promotion consulting services, strategic investment consulting services for construction and development of KKT.
    3. The decision to invest in Group B and C projects using public investment capital in industrial zones and economic zones is authorized by the Chairman of the Provincial People's Committee; managing ODA funds and foreign concessional loans in industrial zones and economic zones is assigned by the Provincial People's Committee;
    4. Proposing project lists, selecting investors, and signing contracts with investors in accordance with the law and authorized by the Provincial People's Committee;
    5. Manage and utilize investment capital for the development of KKT under its jurisdiction; manage investment, construction, bidding for projects invested with development investment capital from the state budget in KKT under its jurisdiction; manage and implement the collection and administration of administrative expenses, public services, target programs, and other allocated funds as prescribed by law;
    6. Take charge and coordinate with relevant agencies in maintaining and preserving the infrastructure system, technical infrastructure, social infrastructure, and public utilities invested from the state budget in KKT.
    7. Efficiently managing and utilizing specialized land and water funds that have been assigned after completing compensation and land clearance work in accordance with the intended use and in line with the General Construction Planning, zoning plans, and land use plans.
    8. The planning, zoning, and land use plans for functional construction areas have been approved by the competent authority.
    9. The history of land use, land rent, and water surface rent for investors assigned land by the State, leasing land to implement investment projects in economic zones shall be determined; the compensation for land clearance shall be deducted from the land use fee and land rent in economic zones according to the regulations on land use fee collection, land rent collection, and water surface rent collection in economic zones.
    10. Coordinate with the organization responsible for compensation, land clearance to carry out compensation, support, resettlement; return land with land use fees, return land without land use fees, lease land to people in need of land use in functional areas of the economic zone and perform other tasks related to land management in the economic zone according to the regulations of land laws.
    11. Coordinate with local authorities and relevant agencies to ensure that activities in the economic zone comply with construction planning, approved development plans of the economic zone by competent state agencies, and relevant regulations.
3. Direct or organize the management and operation of infrastructure; use budget funds to invest, maintain, and repair industrial zone and hi-tech agricultural zone infrastructure as assigned as the investor; effectively manage and utilize public land funds entrusted for management and use.
4. Act as a focal point to guide and support organizations and individuals in hi-tech agriculture zones to carry out investment procedures, investment incentives, policies supporting technology incubation, research activities, technology transfer, application, and development at high-tech agriculture zones in accordance with the law.
5. 
Perform tasks assigned by ministries, equivalent agencies, provincial People's Committees, and authorized state agencies at different levels.
  1. Issue various types of Certificates of Origin for goods produced in industrial zones, economic zones, and other licenses, permits, and certifications within industrial zones and economic zones.
  2. The adjustment of local planning for industrial zones, functional areas within economic zones has been approved; approval of tasks and detailed construction planning for investment projects within industrial zones, functional areas subject to detailed construction planning according to the regulations of construction law; issuance, adjustment, extension, reissuance, revocation, cancellation of construction permits for projects, construction works must have a construction permit according to the regulations of construction law; implementation of quality management for projects, construction works within industrial zones, economic zones.
  3. Receive reports on the termination of employment for many workers; receive reports from businesses in industrial zones and economic zones regarding the need to employ foreign workers for positions that Vietnamese workers cannot fulfill.
  4. Organize and conduct assessments, approve the results of environmental impact assessments; issue, amend, adjust, reissue, and revoke environmental permits for investment projects in industrial zones and economic zones.
  5. Receive applications for certification of eco-industrial zones, eco-enterprises for consultation by the provincial People's Committee, issue certification/re-certification/revocation of eco-industrial zone certificates in accordance with Articles 40, 41, and 42 of Decree 35/2022/ND-CP.
6. The Management Board of the Economic Zone is the leading agency responsible for managing investment, production, and business activities of enterprises in industrial zones, economic zones, and high-tech agricultural application zones within the province. Local government agencies, when implementing specialized tasks in industrial zones, economic zones, and high-tech agricultural application zones, are responsible for coordinating and seeking the participation of the Management Board to ensure unified state management activities for these zones, staying consistent and avoiding overlap, and creating favorable conditions for businesses to operate in accordance with the law.
7. Carry out the tasks related to legal affairs in accordance with the provisions of Decree No. 55/2011/ND-CP dated July 4, 2011 of the Government, which regulates the functions, tasks, powers, and organizational structure of the legal organization.
8. Perform other tasks as prescribed by law and assigned by the provincial People's Committee, the Chairman of the provincial People's Committee, and higher-level state agencies.

Industrial Zone Infrastructure Exploitation Center.

* Function.
  1. The Infrastructure Exploitation Center of the Industrial Zone is a revenue-generating enterprise unit, operating in accordance with Government Decree No. 43/2006/ND-CP dated April 25, 2006, which regulates the autonomy and responsibility for carrying out tasks, organizing machinery, staffing, and finances for public enterprise units. It is under the comprehensive management and direction of the Head of the Provincial Economic Zone Management Board of Binh Phuoc province, acting as the investor for infrastructure facilities in industrial zones (IZs) within the province that do not have infrastructure investors from state budget funds allocated in stages and other legal sources.
  2. The center has legal personality, uses a seal, and opens a separate account at the provincial state treasury and banks to operate in accordance with the law; Its headquarters is located in Dong Xoai town, Binh Phuoc province.

* Duties and powers

  1. The center is allocated budget, operating funds for public career units (budget of second-level units), and annual investment capital for infrastructure development of industrial zones by the center, submitting to the Management Board of the Economic Zone for consideration and submission to the competent authority for approval as prescribed.
  2. Take the lead and coordinate with the specialized departments of the Management Board of the Economic Zone to carry out the necessary procedures for preparing investment in infrastructure for industrial zones without infrastructure investors, including land recovery procedures, compensation and resettlement plans, and documentation for the construction of resettlement areas.
  3. Plan investment and develop infrastructure projects in the industrial zone, submit for approval by the Economic Zone Management Board; Mobilize capital, borrow funds from credit institutions, and receive funding to implement investment and development of infrastructure projects in the industrial zone; Take responsibility for repaying loans from the state budget according to legal regulations.
  4. Construct infrastructure projects in the industrial zone according to approved plans, designs, and schedules using funds from the state budget and other legal sources in each phase.
  5. Promote investment in secondary enterprises into industrial zones based on approved feasibility projects and detailed planning.
  6. Calculate the cost of infrastructure construction to propose options; policies on infrastructure usage fees, water supply fees, wastewater treatment fees, land leasing fees (if any) for secondary investors and other related service fees, through the Economic Zone Management Board together with competent departments and agencies for consideration and approval.
  7. Maintain and upkeep the infrastructure of industrial zones throughout their operation. Ensure industrial hygiene, environmental protection, and ecological environment for the entire industrial zone.
  8. Implement regular and annual reporting procedures for the Management Board of the Economic Zone and the Provincial People's Committee of Binh Phuoc.
  9. Provide consulting services upon request from businesses and investors, including but not limited to the following:
    • Consult on the preparation of investment certificate application documents, procedures related to investment field, investment project establishment...; collaborate with units within and outside the province to carry out tasks related to consulting services, investment support; consult with leaders on investment agreements with businesses within and outside the province based on legal regulations.
    • Consult on the preparation of land transfer and lease application documents...
    • Manage and carry out all documentation and procedures from the investment preparation phase to the completion acceptance and utilization of projects undertaken by the Center as the investor.
Receive advice on preparing construction permits; consult on economic-technical reports, design documentation - cost estimates, review design documentation - cost estimates, consult on bidding, project management consulting, prepare bidding documents, consult on bid evaluation, consult on surveying, design, construction of civil, industrial, transportation and technical infrastructure projects...
    • Conduct research, plan, and implement all tasks and functions of the Center, such as advising on procedures for electricity, water, fire prevention and fighting; collecting and treating waste; constructing offices, warehouses, and workshops for rental or transfer; providing investment and business support services for investors and other services within and outside the Industrial Zone.
    • Provide consultancy on environmental procedures such as environmental impact assessment reports, confirmation of completion of projects, commitment to environmental protection, etc. for investment projects within the Industrial Zone.
    • In permitted advisory activities, we are allowed to collaborate with organizations and individuals to carry out tasks such as providing job advice and job referrals for workers; advising and supporting businesses in recruiting labor according to their requirements; consulting on labor employment and supplying timely labor for investors, as well as providing other advisory services.
  1. We offer rental services for service facilities and vocational training to meet the needs of industrial zones and economic zones in the province.
    • Collect various service fees according to the current regulations.
    • Perform the functions and tasks of the investor in managing the implementation of the industrial zone project according to the current management, investment, and construction regulations.
    • Other tasks assigned by the Head of the Economic Zone Management Board.

The High-Tech Agriculture Application Zone Management Board.

The High-Tech Agriculture Application Zone Management Board of Binh Phuoc province is a public non-business unit with revenue, under the direct and comprehensive management of the provincial Economic Zone Management Board; it is responsible for organizing, staffing, and operating; at the same time, it is subject to guidance, inspection, and professional guidance from higher-level specialized agencies.
The Agricultural Zone Management Board is a legal entity with its own seal and separate account according to the provisions of the law.
The Agricultural Zone Management Board provides advice and assistance to the Provincial Economic Zone Management Board in implementing state management activities related to high-tech agricultural activities in accordance with the law; organizing research, application, and transfer of production models.
Associated with training, providing high-tech agricultural workforce; implementing investment, attracting investment in High-tech Agricultural Application Zones; organizing management, exploitation, operation of infrastructure systems serving efficient production; selecting and breeding high-yield, high-quality crops and livestock; managing the budget according to the provisions of the law.

* Tasks:
  1. Advising on the development and management of High-tech Agricultural Application Zones.
  • Planning and developing High-tech Agricultural Application Zones in the province.
  • Establish mechanisms and preferential policies for economic entities investing in agriculture applying high technology; create incentive policies to attract experts and intellectuals to participate in the field of agriculture applying high technology.
  • Develop a tariff system for infrastructure usage fees in the High-tech Agriculture Application Zone, which will be approved by the competent authority as a basis for implementation.
  • Organize the implementation of investment projects in construction funded by the state budget according to legal regulations; act as the investor for projects funded by the state budget and entrusted with management.
  • The Chief Advisor of the Provincial Economic Zone Management Board coordinates with the Department of Natural Resources and Environment and relevant agencies to submit land allocation and leasing requests to authorized agencies for organizations and individuals investing in the High-Tech Agricultural Application Zone in accordance with land laws.
  • The Chief Advisor of the Provincial Economic Zone Management Board collaborates with relevant units to organize investment promotion activities and invite investment projects into the High-Tech Agricultural Application Zone according to approved plans.
  • Coordinate with local authorities and relevant agencies to carry out compensation and land clearance activities in the High-Tech Agricultural Application Zone.
  • The organization is responsible for detailed planning and land use plans for the High-tech Agriculture Application Zone.
  • The Chief Advisor of the Provincial Economic Zone Management Board or the competent state agency shall inspect and supervise land use during the implementation of investment projects according to the decision on land allocation and land lease in the High-tech Agriculture Application Zone as prescribed by law.
  • Coordinate with relevant agencies to conduct inspections on environmental protection activities in projects within the High-tech Agriculture Zones; recommend competent authorities to handle violations of environmental laws (if any).
  • Guide investors, construction businesses, operations, and users to follow the proper procedures and technical regulations of the State when building, operating, and utilizing infrastructure facilities.
  • Carry out maintenance and upkeep of high-tech infrastructure projects in the Applied Agricultural Zone.
  • Assist the Head of the Provincial Economic Zone Management Board in monitoring and inspecting the production process of investors, handling violations within their jurisdiction. Recommend relevant authorities to handle cases of violations that exceed their jurisdiction as prescribed by law.
  • Act as a guide to provide support, receive and review leadership reference files to submit to the provincial People's Committee for consideration, adjustment, and revocation of investment registration certificates for high-tech agricultural investment projects in the High-tech Agricultural Application Zone. Also facilitate convenient conditions for investors to complete necessary procedures regarding land, investment licenses, etc. in accordance with legal regulations.
  1. Research, apply, and transfer high-tech agricultural models that have been implemented.

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