02:24 | 21/08/2023

What is the investment project in an economic-defense zone in Vietnam? Which unit is the investor in an approved public investment project?

What is the investment project in an economic-defense zone in Vietnam? Which unit is the investor in an approved public investment project? - T.P (Hanoi, Vietnam)

What is the investment project in an economic-defense zone in Vietnam?

According to Article 3 of Decree 22/2021/ND-CP, there are regulations on investment project in an economic-defense zone as follows:

Investment project in an economic-defense zone is a collection of proposals to make mid-term and long-term investments in economic-defense zones according to the approved economic-defense zone plan for a defined time period.

What is the investment project in an economic-defense zone in Vietnam? Which unit is the investor in an approved public investment project?

Which unit is the investor in a public investment project under the plan to build economic-defense zones approved by the Ministry of National Defense of Vietnam?

According to the provisions of Article 26 of Decree 22/2021/ND-CP, it is stated as follows:

Execution of projects within economic-defence zones
1. The economic - defense delegation is the investor in a public investment project under the plan to build economic-defense zones approved by the Ministry of National Defense.
An investment project using the investment capital of the investor that is another organization and individual shall be executed in compliance with the provisions of laws on investment, construction and other relevant laws; The competent authority shall cooperate with the economic-defense delegation before approving the investment policy and making investment registration for the investment project that falls within the ​​economic-defense zone.
2. The economic-defense delegation that is an investor shall establish a project management unit, formulate investment projects and submit them to competent authorities to seek their approval; shall directly manage and organize the implementation of projects within the boundaries of the economic-defense zone in accordance with relevant laws.
3. Requirements for an investment project located inside an economic-defence zone:
a) It must accord with the plan of each economic-defence zone that is already approved;
b) It does not cause any impact on military, national defence and local construction tasks;
c) Based on the nature, contents, capital source, progress and construction objectives of an economic-defense zone, an investor may implement one or more investment projects under an annual or medium-term investment plan.

Thus, the economic - defense delegation is the investor in a public investment project under the plan to build economic-defense zones approved by the Ministry of National Defense.

An investment project using the investment capital of the investor that is another organization and individual shall be executed in compliance with the provisions of laws on investment, construction and other relevant laws;

The competent authority shall cooperate with the economic-defense delegation before approving the investment policy and making investment registration for the investment project that falls within the ​​economic-defense zone.

Note: the requirements for an investment project located inside an economic-defence zone:

- It must accord with the plan of each economic-defence zone that is already approved;

- It does not cause any impact on military, national defence and local construction tasks;

- Based on the nature, contents, capital source, progress and construction objectives of an economic-defense zone, an investor may implement one or more investment projects under an annual or medium-term investment plan.

Vietnam: Shall the economic - defense delegation transfer investment projects within economic-defence zones to locality to oparate and manage?

Pursuant to Article 27 of Decree 22/2021/ND-CP, it is stated as follows:

Management of investment projects within economic-defence zones
1. The economic - defense delegation shall directly manage infrastructure investment projects funded by the state budget within an economic - defense zone associated with the production of the economic - defense delegation. After each project is completed and put into operation, the economic-defense delegation shall make an annual budget estimate for maintenance and servicing of the project each year, and report it to the competent authority to seek approval from the Minister of National Defense.
2. If an infrastructure investment project funded by the state budget within an economic - defense zone is not associated with the economic - defense delegation’s production, after completion thereof, the following actions should be taken:
a) The economic - defense delegation transfer it to the locality in charge of operating and managing it;
b) The management unit is responsible for making a budget estimate for maintenance and repair work, and reporting to the competent authority to seek its decision; receiving, managing and using construction works in accordance with the law on management and use of public property;
c) The People's Committee of the province where the economic-defense zone is located is responsible for providing funding for maintenance, servicing and repair of technical infrastructure and social infrastructure that are acquired through transfer from the economic-defense delegation.

Accordingly, the economic - defense delegation shall transfer the infrastructure investment project funded by the state budget within an economic - defense zone is not associated with the economic - defense delegation’s production to the locality in charge of operating and managing.

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