On stipulating functions, tasks, powers and organizational structure of Ha Nam province Industrial Parks Authority

 

PEOPLE'S COMMITTEE OF HA NAM PROVINCE   No.: 26/2016/QD-UBND

SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ​   Ha Nam, August 16th, 2016

DECISION

On stipulating functions, tasks, powers and organizational structure of Ha Nam province Industrial Parks Authority

PEOPLE'S COMMITTEE OF HA NAM PROVINCE

Pursuant to the Law on Local Government Organization June 19^th, 2015;

Pursuant to the Decree No. 83/2006/ND-CP on August 17^th, 2006, stipulating the order and procedures for the establishment, re-organization and dissolution of administrative, non-business organizations;

Pursuant to the Decree No. 29/2008/ND-CP on March 14^th, 2008, stipulating on industrial parks, export processing zones and economic zones;

Pursuant to the Decree No. 164/2013/ND-CP on November 12^th, 2013 by the Government, amending and supplementing a number of articles of the Decree No. 29/2008/ND-CP on March 14^th, 2008 on industrial parks, export processing zones, economic zones;

Pursuant to the Joint Circular No. 06/2015/TTLT-BKHDT-BNV on September 3^rd, 2015 by the Ministry of Planning and Investment and the Ministry of Home Affairs, guiding the functions, tasks, powers and organizational structure of the Authority of industrial zones, export processing zones, economic zones;

At the proposal of the Head of the Authority of the provincial industrial parks and the Director of the Department of Home Affairs,

DECIDES:

Article 1. Location and functions

1. Ha Nam Province Industrial Parks Authority (hereinafter referred to as the Authority) is an agency attached to the Provincial People's Committee, performing the state management function directly to industrial parks and public service providers and other support services related to investment and production and business activities for investors in industrial parks in the province.

2. The Authority shall be subject to the direction and management on the organization, workforce, civil servants and employees of the provincial People's Committee; bearing the direction, guidance and inspection on professional skills of the Ministries and branches managing the industries, fields in the management of industrial parks; closely coordinating with the specialized agencies under the provincial People's committee in managing the industrial parks.

3. The Authority has the legal person status; account and seal with the national emblem; use state administrative management funding, non-business operation funds and development investment capital allocated by the State budget according to annual plans; other funding sources as prescribed by the law.

Article 2. Tasks and powers

The Authority shall perform the tasks and powers according to the provisions of the law, decentralize and authorize the competent agencies as well as other tasks and powers assigned by the provincial People's Committee as follows:

1. Submit the provincial People's Committee:

a) A draft document stipulating the functions, tasks, powers and organizational structure of the Authority.

b) A draft document stipulating title conditions and criteria for heads, vice-heads of units under the Authority.

c) A draft scheme on the establishment or reorganization of the Management Board according to the provisions of the law.

d) Chair, coordinate with the concerned agencies in elaborating the Regulation on working coordination with the professional agencies under the provincial People's Committee and other concerned agencies in performing the tasks and powers assigned according to one-door mechanism.

đ) Draft plan planning, adjusting and supplementing the planning on development of industrial parks.

e) Annual and five-year plans for industrial park development, human resources development and development investment capital.

g) Draft decisions, directives and documents; Programs and measures to organize the performance of state administrative reform tasks in the field of industrial parks under the management of the Authority according to the provisions of the law.

2. Submit the Chairman of the provincial People's Committee:

a) The draft decision on the establishment, merger, division, reorganization or dissolution of organizations and units under the Authority according to the provisions of the law.

b) Draft documents under the promulgation competence of the Chairman of the provincial People's Committee in the field of industrial parks.

3. Assist the provincial People's Committee in managing the use of state budget capital for investment in the construction and development of industrial parks.

4. Guide, inspect and organize the implementation of legal documents, planning, plans, projects, mechanisms and policies on industrial parks after they are promulgated or approved; Information, propaganda, guidance, dissemination, monitoring of the enforcement of laws on industrial parks of the province.

5. Investment management:

a) Receive, grant, adjust and withdraw the investment registration certificates for investment projects falling under its competence according to the provisions of the law on investment.

b) Organize investment promotion activities according to the plans already approved by the Ministry of Planning and Investment, the ministries and branches and the provincial People's Committee; participate in IP investment promotion programs held by the Ministry of Planning and Investment, the provincial branches and the provincial People's Committee; provide guidance and support to investors according to their competence in the course of preparation and implementation of investment projects; report periodically on investment promotion activities to the Ministry of Planning and Investment and the provincial People's Committee according to the Regulation on the State management of investment promotion promulgated together with Decision No. 03/2014/QD-TTg on January 14^th, 2014 by the Prime Minister.

c) Resolve difficulties and obstacles of investors, assess the efficiency of investment in industrial parks; Send reports on investment and production and business activities in industrial parks to the provincial People's Committee and the Ministry of Planning and Investment according to the regulations.

6. Environmental management:

a) Organize the evaluation and approval of reports on the evaluation of environmental impacts of projects in industrial parks under the authorization of the provincial People's Committee (for projects under the provincial People's Committee).

b) Receive and certify environmental protection plans for subjects subject to registration in industrial parks under the authorization of the Department of Natural Resources and Environment and the district-level People's Committee (for projects under the authorization of the district-level People's Committee.

c) Organize the evaluation and approval of detailed environmental protection schemes and simple environmental protection schemes of projects in industrial parks as authorized by the competent agencies.

d) Organize the inspection and certification of the completion of environmental protection works in service of the project operation period with investment projects in industrial parks according to the legislation on environmental protection.

7. Planning and construction management:

a) Make tasks and detailed projects on construction of industrial parks with many investors participating in investment in construction and business of infrastructure; hold detailed construction planning for industrial parks without investors to build and operate the infrastructure.

b) Approve the readjustment of the detailed construction planning (already approved by the competent authority) of the industrial parks but not change the function of land use and planning.

c) Introduce locations and supply information on planning, appraisal and approval of master plan with construction works in the approved industrial parks; Make, appraise and submit to the provincial People's Committee for approval of the tasks, dossiers for marker planting and organize the marking on the field for detailed planning projects in industrial parks and industrial clusters assigned by the provincial People's Committee; Coordinate with the commune and district-level people's committee in the planned area to announce and publicize the master plan approved by the state authority in the area assigned to the management; manage and supervise the implementation of construction planning within the planned land area managed by the provincial People's Committee.

d) Evaluate basic designs of projects group B and C in industrial parks.

e) Grant, adjust, extend, re-grant and withdraw work construction permits for construction works which in industrial parks must have construction permits.

f) Perform other tasks according to the law on construction, decentralization and authorization of the provincial People's Committee.

8. Perform the tasks of State management on labor under the guidance of the Ministry of Labor, Invalids and Social Affairs in the Circular No. 32/2014/TT-BLDTBXH on December 01^st, 2014, concretely as follows:

a) Receive explanatory reports of enterprises in industrial parks on the demand for employing foreign laborers for each job position which Vietnamese laborers fail to meet, sum up and submit to Chairman of the provincial People's Committee decide on the authorization of the provincial People's Committee.

b) Grant, re-grant or withdraw permits for foreign laborers working in industrial parks; certify foreign laborers working for enterprises in industrial parks not subject to work permits under the authorization of the Department of Labor, Invalids and Social Affairs.

c) Organize the registration of internal labor regulations, receive collective agreements as authorized by the provincial People's committee; receive the registration of wage scales, payrolls and labor norms of enterprises in industrial parks or economic zones under the authorization of district-level People's Committee.

d) Receive notice on the dismissal of many laborers, report on the sublease of laborers, the results of training and fostering to raise the annual professional qualifications and skills of enterprises in industrial parks under authorized by the Provincial People's Committee.

đ) Receive and process dossiers of registration for implementation of contracts for receiving internship laborers in industrial parks or activities of sending laborers to work overseas in the form of practicing for job improvement. Time is less than 90 days as authorized by the Department of Labor, Invalids and Social Affairs.

e) Receive declaration of labor use, report on changes in labor; receive notice of overtime work from 200 hours to 300 hours per year from the enterprises in the industrial parks as authorized by the Department of Labor, Invalids and Social Affairs.

g) Receive notice of the place, area, and time of commencement of operation, and the manager, or key title holders of enterprises subleasing laborers in the industrial parks under the authorization of the Department of Labor, Invalids and Social Affairs.

h) Carry out the labor management tasks in the industrial parks, including ensuring labor safety and labor sanitation, building labor relations, settling labor disputes and strikes according to the provisions of the labor law or guidance of the competent authority.

9. Trade management:

a) Grant, re-grant, amend, supplement and extend permits for establishment of commercial representative offices of foreign organizations and traders located in industrial parks under the guidance of the Ministry of Industry and Trade.

b) Issue business licenses; add business objectives to goods sales activities and activities directly related to goods sales for foreign invested enterprises and foreign investors in industrial parks according to the provisions of the law, the guidance of the Ministry of Industry and Trade and the authorization of the provincial People's Committee.

c) Grant, re-grant, amend and/ or supplement certificates of business eligibility and business licenses for a number of goods subject to specialized management to traders who are headquartered and have business establishments in the industrial parks under the guidance of the Ministry of Industry and Trade.

d) Issue certificates of origin of goods produced in industrial parks under the guidance and authorization of the Ministry of Industry and Trade.

10. Management of land, real estate:

a) Receive registration of price range for land lease, land sublease and industrial park infrastructure charges of investors for the construction and business of industrial park infrastructure and other functions and tasks on real estate business management in accordance with the law.

b) Receive and inspect all procedures, accuracy and legality of the dossiers of application for land rents, land use right certificates, ownership to houses and assets attached to land of enterprises in industrial parks and Southwest industrial complex of Phu Ly city, transfer the Department of Natural Resources and Environment sign a land lease contract and issue a certificate of land use right and ownership of houses and assets attached to land to enterprises.

11. Issue a number of permits and certificates in the industrial parks according to the rights, guidance and authorization of the ministries, provincial People's Committee and competent agencies.

12. Other duties and powers:

a) Enter into international cooperation in the field of development of industrial parks according to the provisions of the law and assign or authorize the provincial People's Committee or the provincial People's Committee.

b) Organize the research and application of scientific and technical advances; build information and archives systems in service of the state management and professional affair in the assigned fields.

c) organize the inspection and handle according to its competence or propose competent authorities to handle acts of law violation in the fields of investment, environment, labor, trade and construction under its state management scope classified and authorized by the Authority of industrial parks; participate in inspecting and organizing the settlement of complaints, denunciations according to the provisions of the law; Implement anti-corruption, implement saving and anti-waste.

d) Manage the organizational apparatus, workforce of public servants, the structure of civil servant ranks, the positions of employment and the structure of civil servants according to their professional titles and the number of people working in public non-business units; carry out the salary regime as well as policies and regimes for preferential treatment, training, fostering, rewarding and disciplining of public servants, employees and laborers under the management of the Industrial parks authority in accordance with the law and the classification or authorization of the provincial People's Committee.

đ) Manage and take responsibility for the assigned finance and assets according to the provisions of the law.

e) Carry out information and periodical and extraordinary reports on the performance of tasks in the areas assigned to the provincial People's Committee, the Ministry of Planning and Investment and concerned ministries and branches; receive statistical reports and financial statements of enterprises operating in industrial parks; build the information system of industrial parks in the province and connect with the national information system on industrial parks.

g) Organize emulation movements and reward for enterprises in industrial parks.

h) Carry out activities in the fields of consultancy, investment support, labor recruitment and other services as required by investors.

i) Perform other tasks and exercise other powers according to the provisions of the law and assignment and authorization of the provincial People's Committee, Chairman of the provincial People's Committee.

Article 3. Organizational structure and workforce

1. The leader of the Authority is composed of the Head and no more than 3 deputy heads.

a) The Head of the Authority shall be the leader of the Authority, responsible for managing all activities of the Authority, responsible to the provincial People's Committee and the law for the operation and efficiency of the industrial parks' operation; coordinate with the heads of the Departments, socio-political organizations and concerned agencies in performing the tasks of the Authority.

b) The deputy head of the Authority shall assist the Head, take responsibility before the Head and before the law for the assigned tasks; When the Head is absent, the deputy head is authorized by the Head to run operations of the Authority.

c) Appointment, dismissal, transfer, rotation, commendation, disciplining, resignation and retirement, and implementation of regimes and policies for the head and deputy heads shall be decided by the Chairman of the Provincial People's Committee in accordance with the law.

2. Units under the Authority:

a) Office.

b) Division of Investment Management.

c) Division of Enterprise Management.

d) Department of Planning and Construction Management.

e) Division of Natural Resources and Environment Management.

3. Workforce: The workforce of the professional staff of the Authority is assigned on the basis of the position of employment attached to the functions, tasks and operation scope and is included in the total workforce of civil servants in the administrative organizations of the province assigned or approved by competent authorities.

Article 4. The Head of the Provincial Industrial Parks Authority is responsible for issuing the decision stipulating the functions, tasks and powers of the units under the Authority in conformity with the functions, tasks, powers and new organizational structure.

Article 5. Effectiveness

This Decision takes effect after 10 days after its signing. The previous regulations, which are contrary to this Decision are now annulled.

Chief of the Office of the Provincial People's Committee, Director of the Department of Home Affairs, Head of the provincial industrial park authority; Heads of relevant units bear take responsibility for the implementation of this Decision.