FUNCTIONS AND DUTIES

Position, functions, duties, and authority of the Phu Yen Economic Zone Management Board (According to Decision No. 35/2023/QĐ-UBND dated June 15, 2023, by the People’s Committee of Phu Yen Province on issuing regulations on the functions, duties, authority, and organizational structure of the Phu Yen Economic Zone Management Board)

I. Position and Functions

1. The Phu Yen Economic Zone Management Board (hereinafter referred to as the Management Board) is an agency under the People’s Committee of Phu Yen Province. It performs direct state management functions over the South Phu Yen Economic Zone and industrial zones in the province; manages and organizes the provision of public administrative services and other support services related to investment, production, and business activities for enterprises in the industrial and economic zones.

2. The Management Board is under the direction and management of the People’s Committee of Phu Yen Province regarding organization, staffing, programs, work plans, and operational funding. It is also under the guidance, instruction, and supervision of professional and technical matters by ministries and agencies managing relevant sectors and fields. It works closely with specialized agencies under the People’s Committee of the province in managing industrial and economic zones; serves as a specialized agency of the People’s Committee when assigned or delegated authority; and performs the duties and powers of specialized agencies under the People’s Committee according to Decree No. 35/2022/NĐ-CP and other related legal regulations.

3. The Management Board has legal status; possesses accounts and a seal bearing the national emblem; utilizes state administrative management funds, operational funds for public service activities, and development investment capital allocated by the state budget according to annual plans and other funding sources as prescribed by competent state authorities.

4. The Management Board performs its duties and exercises its powers according to the decentralization and delegation of competent state agencies and other tasks and powers assigned by the People’s Committee of the province and other related legal regulations.

II. Duties and Powers of the Economic Zone Management Board

1. Participate in providing opinions, developing, submitting for approval, and organizing the implementation of the following tasks to ministries, ministerial-level agencies, and the People’s Committee of the province:

a) Provide input to ministries, ministerial-level agencies, and the People’s Committee of the province in developing legal documents, policies, and plans for the development of systems related to industrial and economic zones;

b) Lead and coordinate with relevant agencies to develop regulations for coordinating work with specialized agencies under the People’s Committee or other relevant agencies to perform assigned tasks and powers according to the “one-stop shop” and “interconnected one-stop shop” mechanisms, and submit these regulations to the People’s Committee for approval;

c) Lead and coordinate with relevant agencies and organizations to prepare tasks and general construction planning schemes, sub-zone construction planning schemes for industrial zones, and tasks and overall adjustment plans for these zones, and submit them to the People’s Committee for approval;

d) Develop programs and plans for promoting investment and development of industrial and economic zones and submit them to the People’s Committee for approval;

đ) Consolidate and assess labor demand within industrial and economic zones, and coordinate with competent state agencies to supply labor for enterprises operating within these zones;

e) Annually, prepare estimates of revenues and expenditures from budget sources (including regular and investment expenditures), fees and charges retained, and other sources (if any), and submit these to financial and investment agencies for appraisal and approval by competent authorities, according to the laws on state budget, public investment, and other related regulations;

g) Coordinate with relevant agencies to organize the appraisal of technologies used in investment projects, evaluate the technological level and capacity of enterprises, and inspect and control technology and technology transfer within investment projects, research and development activities, and technology application by enterprises.

2. The Management Board performs the following tasks:

a) Manage, disseminate, guide, inspect, and supervise the implementation of regulations, development plans, construction planning, and related plans for industrial and economic zones approved by competent state agencies.

b) Perform the duties of the Management Board in accordance with investment laws for projects within industrial and economic zones under the authority of the Management Board; monitor and evaluate investment attraction in various types of industrial zones, including supporting, specialized, high-tech, and eco-industrial zones, in accordance with registered investment sectors as specified in point a, clause 3, Article 32, and point a, clause 2, Article 38 of Decree No. 35/2022/NĐ-CP dated May 28, 2022, by the Government; and monitor and evaluate the implementation of regulations under clause 5, Article 8; clause 3, Article 9; and point c, clause 2, Article 27 of the same decree.

c) Appraise projects and designs, and estimate construction budgets for projects and works within industrial and economic zones; inspect construction works within the areas under its management responsibility and perform other tasks of a specialized construction agency in accordance with construction laws for projects and works within industrial and economic zones.

d) Issue, reissue, amend, extend, and revoke licenses for establishing representative offices and terminate the operations of representative offices of foreign organizations and traders headquartered in industrial and economic zones according to commercial laws.

đ) Issue, reissue, extend, and revoke work permits and confirm exemptions for foreign workers working in industrial and economic zones; perform certain tasks and powers of a specialized labor agency under the People’s Committee of the province for labor in industrial and economic zones, including: registering internal labor regulations; reporting on labor usage; receiving reports on the use of foreign workers; reporting changes in labor via the National Public Service Portal; receiving and processing applications for registration of labor internship contracts for enterprises; facilitating sending workers abroad for internships under 90 days for businesses in industrial and economic zones; and receiving reports on labor leasing, training results, and skill development; notifying enterprises about organizing overtime work from 200 to 300 hours per year in industrial and economic zones.

e) Fulfill environmental protection responsibilities of the Management Board as stipulated by environmental protection laws.

g) Accept registration of pricing frameworks and infrastructure usage fees from investors implementing construction and business projects of infrastructure in industrial zones and functional areas within economic zones.

h) Inspect, monitor, and evaluate the implementation of investment objectives stipulated in Investment Approval Decisions, Investment Registration Certificates, capital contribution schedules, project implementation progress, adherence to commitments for projects receiving investment incentives, and compliance with laws on construction, labor, wages, social insurance, labor rights, occupational safety and hygiene, fire prevention, security, and environmental protection for projects in industrial and economic zones.

i) Coordinate with public security units and other competent agencies in inspecting security, order, fire prevention, environmental protection, and propose measures to ensure security, order, and organize security and fire-fighting forces in industrial and economic zones.

k) Address difficulties and obstacles faced by investors in industrial and economic zones and propose resolutions to the Prime Minister, ministries, ministerial-level agencies, and the People’s Committee of the province for issues beyond its authority.

l) Receive statistical and financial reports from enterprises in industrial and economic zones; assess the socio-economic effectiveness of industrial and economic zones; directly manage and operate information systems about industrial and economic zones.

m) Collaborate with the Ministry of Planning and Investment in building and managing the national information system for industrial and economic zones under its authority.

n) Provide quarterly and annual reports to the Ministry of Planning and Investment and the People’s Committee of the province on the construction and development of industrial and economic zones, receipt, issuance, adjustment, and revocation of Investment Registration Certificates and Investment Policy Approval Decisions, project operations, fulfillment of obligations to the State, and adherence to labor and environmental protection laws in industrial and economic zones.

o) Support and provide information to enable enterprises in industrial and economic zones to collaborate in implementing industrial symbiosis, adopting cleaner production methods, and transitioning to eco-industrial zones.

p) Organize competitions and reward programs for enterprises in industrial and economic zones.

q) Inspect, resolve complaints and denunciations, prevent corruption, waste, and misconduct, and handle administrative violations within its authority or recommend appropriate agencies to address violations in industrial and economic zones in areas under the direct state management of the Management Board; coordinate with state authorities to carry out inspection tasks according to laws.

r) Perform tasks related to financial, asset, and budget management assigned by the People’s Committee of the province; collect and manage fees; conduct scientific research and apply technological advances; cooperate with domestic and foreign organizations and individuals in areas related to the investment, construction, and development of industrial and economic zones; manage organizational structure, staffing, civil servants, and training for officials of the Management Board.

s) Act as a focal point advising the People’s Committee of the province on planning, managing, and supporting the transformation and development of new types of industrial and economic zones.

t) Perform other tasks and exercise powers as stipulated in Decree No. 35/2022/NĐ-CP dated May 28, 2022, by the Government, related laws, and as assigned by the People’s Committee of the province.

3. Perform tasks specified in clause 3, Article 68 of Decree No. 35/2022/NĐ-CP dated May 28, 2022, by the Government, when delegated or authorized by ministries, ministerial-level agencies, the People’s Committee of the province, and other competent state agencies, specifically:

a) Issue Certificates of Origin for goods produced in industrial and economic zones and other licenses, certificates, and certifications within industrial and economic zones.

b) Adjust construction planning for industrial zones and functional areas within economic zones that have been approved; approve tasks and detailed construction planning schemes for investment projects within industrial zones and functional areas in economic zones that are required to have detailed construction planning according to construction laws; issue, amend, extend, reissue, revoke, and cancel construction permits for projects and works that require construction permits in accordance with construction laws; and manage the quality of works for projects and constructions within industrial and economic zones.

c) Receive reports on mass layoffs; accept explanatory reports from enterprises in industrial and economic zones regarding the need to employ foreign workers for positions that Vietnamese workers cannot yet fulfill.

d) Organize, implement, appraise, and approve the results of environmental impact assessment reports; issue, renew, adjust, reissue, and revoke environmental permits for investment projects within industrial and economic zones.

4. Perform certain duties and powers of specialized environmental agencies of the People’s Committee of the province as stipulated in points g and h, clause 1, Article 168 of the 2020 Law on Environmental Protection: conduct communication, disseminate knowledge, and promote environmental protection laws among production and business establishments in industrial and economic zones, as well as infrastructure investment and business units within these zones, to raise awareness and consciousness of environmental protection; prepare plans and organize inspections of production and business establishments and infrastructure construction investment units in the economic zones.

5. The Management Board is the focal agency for managing investment activities within industrial and economic zones in Phu Yen province. It coordinates and provides input when ministries, ministerial-level agencies, and local state management agencies carry out professional tasks in industrial and economic zones, ensuring unified state management, avoiding overlaps, and facilitating enterprise operations in compliance with legal regulations.

6. Organize, report to the People’s Committee of the province, and submit for approval by competent authorities:

a) Proposals for expanding or adjusting the boundaries of the economic zone;

b) Develop and adjust tasks and general construction planning schemes for the economic zone;

c) Proposals for issuing local government bonds and plans for mobilizing other capital sources to invest in and develop critical technical and social infrastructure in the economic zone.

7. Develop and submit to ministries, ministerial-level agencies, and the People’s Committee of the province for approval, and organize the implementation of:

a) Coordinate with relevant agencies and organizations to develop and adjust land use planning within the economic zone;

b) Develop tasks and detailed construction planning schemes for functional areas within the economic zone, and tasks and overall adjustment plans for these zones in line with the approved general construction planning of the economic zone, and submit them to the People’s Committee of the province for approval;

c) Annual and five-year development plans for the economic zone, and submit them to the People’s Committee of the province and competent state agencies for approval;

d) Lists of investment projects and annual and five-year capital investment plans, and submit them to competent state agencies for approval or self-approval as authorized;

đ) Develop pricing frameworks and fee rates applicable in the economic zone, and submit them to competent state agencies for issuance according to legal regulations.

8. Direct or organize the implementation of the following tasks:

a) Issue, reissue, amend, supplement, and extend licenses for establishing representative offices and branches within the economic zone for foreign tourism enterprises in accordance with the law and as guided or authorized by ministries, ministerial-level agencies, and the People’s Committee of the province;

b) Hire domestic and foreign consultants to provide investment promotion consulting services and strategic investment consultancy for the construction and development of the economic zone;

c) Decide on investments for Group B and C projects using public investment capital in industrial and economic zones as authorized by the Chairman of the People’s Committee of the province; manage ODA funds and foreign preferential loans in industrial and economic zones as assigned by the People’s Committee of the province;

d) Propose project lists, organize investor selection, and sign contracts with investors according to the law and as authorized by the People’s Committee of the province;

đ) Manage and use investment development funds for the economic zone under its authority; oversee investment, construction, and bidding for investment projects funded by the state budget in the economic zone; manage and execute administrative, career-related, and targeted programs and other allocated funds according to the law;

e) Lead and coordinate with relevant agencies to maintain and repair technical infrastructure, social infrastructure, service works, and public utilities funded by the state budget in the economic zone;

g) Efficiently manage and use allocated land and specialized water surfaces after compensation and site clearance are completed, according to the designated purposes and in line with the general construction planning of the economic zone, sub-zone construction planning, and approved land use plans;

h) Determine land use fees, land lease fees, and water surface lease fees for investors allocated or leased land by the State to implement investment projects in the economic zone; determine compensation costs for site clearance to be deducted from land use fees and land lease fees in the economic zone as stipulated by laws on land use fees, land lease fees, and water surface lease fees in the economic zone;

i) Collaborate with organizations responsible for compensation and site clearance to carry out compensation, support, and resettlement; reallocate land with and without land use fees, and lease land to those needing land in the economic zone’s functional areas; and perform other land management tasks in the economic zone in accordance with land laws;

k) Work with local authorities and relevant agencies to ensure that activities within the economic zone comply with approved construction plans, development plans, and related regulations.