Chapter V. ADDITIONAL PREFERENTIAL POLICY OF LAM DONG PROVINCE
Article 34: Assistant policy on vocational training
The investment project in Lam Dong which carries out the vocational training for workers residing permanently in Lam Dong for employ will be given support in training fee according to Decision No 87/2004/QD-UBND dated May 18, 2004 of Lam Dong Province as follows:
1. The support is 30% of the first local vocational training fee for unskilled workers.
2. The support is 50% of the local vocational training fee for workers of 02nd grade and more over.
3. The support of training fee from 90.000 to 200.000 dongs/person/month will be given to 10 workers and more over get the domestic vocational training per year and the training duration is from 01 month and more over, according to each profession, the support duration is at least 01 month and is not over 24 months.
Chapter VI. SOME SPECIFIC REGULATIONS OF LAM DONG PROVINCE
FOR SOME INVESTMENT FIELD
Section 1. PROPORTION OF CONSTRUCTION AREA FOR BUILDINGS AND
PRODUCTION OF AGRICULTURE AND PISCICULTURE INZERTING
IN THE FORESTS
Article 35: Proportion of forestry area is used for buildings and production of agriculture and pisciculture inserting in the forests
1. Construction of building works for tourism in the forests for special uses
a. Area under strict protection
It is advisable to set up track line, tent for stop and signpost for patrol and ecotourism. It is forbidden to change the natural landscape of the forest. The maximum width of the track is 1.5m. The construction should not made impact on creature living in the forest.
b. In ecologic restoration area:
It is possible to build main route and works to protect and develop forest and associate with tourism activities and services. Impact level of infrastructure buildings of ecotourism activities is as follows:
- For rent land area of under 50ha, the maximum impact level is 20% of the total rent land area in the forest for special use, of which it is possible to use 5% of rent land area for lean-to buildings and 15% of rent land area for open-air infrastructure buildings.
- For rent land area of over 50ha, the maximum impact level is 15% of the total rent land area in the forest for special use, of which it is possible to use 5% of rent land area for architectural buildings and 10% of rent land area for open-air infrastructure buildings.
- Rent area for infrastructure buildings should be stated on the map and ascertained in the field by signal system.
c. Subdivision of service-administration, landscape protection, forest for experimental and scientific research:
- It is allowable to build architectural buildings for management, scientific research and tourism activities.
- The proportion of land used for architectural buildings and infrastructure should not exceed 20% of the total area.
2. The construction of building works for ecotourism, resort and agricultural- piscicultural production in the protective forest:
a. The construction of building works for ecotourism and resort in the protective forest:
- Without agricultural-piscicultural production
It is allowable to build main route and works to protect and develop forest and associate with tourism activities and services. Impact level of infrastructure buildings of ecotourism activities is as follows:
- For rent land area of under 50ha, the maximum impact level is 20% of the total rent land area in the protective forest, of which it is possible to use 5% of rent land area for architectural buildings and 15% of rent land area for track, stop-point and parking.
- For rent land area of over 50ha, the maximum impact level is 15% of the total rent land area in the protective forest, of which it is possible to use 5% of rent land area for architectural buildings and 10% of rent land area for track, stop-point and parking.
- Rent area for infrastructure buildings should be stated on the map and ascertained in the field by signal system.
- In case of agricultural-piscicultural production and tourism business, it is possible to build infrastructure works in area without trees but the maximum area of buildings should be within 20% area of wind-bound protective forests at riverhead.
b. Agricultural-piscicultural production in the forests
- Agricultural-piscicultural production is forbidden in the important area of the protective forests: mountain top, in scope of 30m of riverside or the slope of over 30 degrees.
- It is possible to intercrop agricultural and medicinal trees in the protective forest but it should not influence protective capacity of the forest.
- It is possible to use land without trees in the protective forest for agricultural- piscicultural production according to the project approved by the State competent authorities.
3. The construction of building works for ecotourism, resort; agricultural- piscicultural in the productive forests.
a. Agricultural-piscicultural production:
Agricultural-piscicultural production is allowable in the forest area and forestation land which are allocated, leased according to the project in forest protection and development approved by the competent authorities.
b. The construction of building works for ecotourism, resort
- Forest owner is allowed to organize or associate with other organizations, individuals for trade of tourism services in the forest allocated, rented by the State.
- Area proportion of buildings for ecotourism and resort in the productive forests
+ Without agricultural-piscicultural production:
It is possible to build architectural works for tourism organization and services. Proportion of building area for infrastructure works should not exceed 20% tourism area.
+ In case of agricultural and piscicultural production in the area without trees, this area should be within 25% of the total area.
4. Buildings for education, health, culture and sport in forests are according to the regulations on buildings for tourism and tourism services by Items 1,2 and 3 of this Article.
5. All buildings projects should make the most of land without trees and reduce chopping down to a minimum. Area without trees should be afforested when it is not used for building to embellish the landscape and protect forests.
6. In order to carry out the investment, the investor should prepare the application for the transfer of the purpose to the forest land, purpose to use land then submit to the provincial People's Committee for decision (or inform the Prime Minister for decision) according to the procedures and competence as prescribed by Law on forest protection and development, Law on Land for the basis of the proportion of forestland is agreed to be transferred to specialized land.
Section 2. TOURISM SERVICES
Article 36: Land rent and allocation for investment projects in tourism, forest ecologic services
The State allocates and leased land and forest by fixed term and land and forest use fee as follows:
1. To lease land, protective forest at riverhead, protective forest of Da Lat landscape, buffer zone of National parks and productive forest by fixed term to execute the investment projects in ecotourism, forest resort.
2. To allocate land and forest with land and forest use fee to execute the investment projects in ecotourism, forest resort.
3. To lease land with annual fee for land on which there is cultural and historical monument and famous landscape that are ranked or are protected strictly by the decision of the provincial People's Committee in order to implement the investment projects in tourism business and services.
4. To lease river, channel, stream and water surface for special use with annual payment in accordance to the project duration but this duration should be within 50 years or 70 years and decided by the provincial People's Committee according to Law on Land and Law on forest protection and development.
Article 37: Limit of rent and allocation land
Limit of rent and allocation land which is applied for projects in tourism trade and services in forestland area is considered according to the total investment of the project:
a. Limit of rent and allocation land under 20ha for the project with investment fewer than 50 milliard dongs;
b. Limit of rent and allocation land from 20ha to 50ha for the project with investment from 50 to 100 milliard dongs;
c. Limit of rent and allocation land from 20ha and over for the project with investment over 100 milliard dongs but it should not under 2 milliard dongs/ha;
Article 38: Management of project, architect and building in forest ecotourism zone.
1. All buildings and works which are executed in the shade of forest should respect the project and basic design (or design drawing) according to the project of which the investment certificate or investment registration was issued. The construction should take the most of topography and minimize the leveling to change the natural terrain.
2. Roofed works of the projects have the maximum height of 2.5 storeys (without basement), except some works for project services or project with typical architecture will be take into consideration for each case
Section 3. AGRICULTURE, FORESTRY AND PISCICULTURE
Article 39: Land rent and allocation for investment projects in agricultural and forestry production
The State allocates and leased land and forest by fixed term and land and forest use fee; forest and land leased is paid annually as follows:
1. To allocate and lease farmland from public land managed by the State to carry out the investment project in agricultural and forestry production.
2. To lease forest and forestland in protective forest, productive forest to carry out the investment project in forestry production.
3. To allocate forest, forestland in the productive forest with land use fee, forest use fee to implement the investment project in forestry production.
4. The investor is allowed to implement forestry projects by economic forestation, agricultural and forestry production and breeding in the shade of the forest according to the content of the project of which the investment certificate and investment registration was issued.
5. The minimum investment is 70 million dongs/ha for projects in agricultural, forestry and breeding production and 200 million dongs/ha for high technological agricultural production.
Article 40: The investor should come to an agreement with land users to implement the project in agricultural production
Projects in agricultural production, industrial crop for long-term, cultivation of vegetable and flowers of high quality in the project area are not in public land under the management of the State; the state encourages land tenants to associate with land user with the capital contribution by using the right to use land or receive the transfer of the right to use land and come to terms about compensation to carry out the project.
Section 4. INDUSTRY
Article 41: Regulations on land use for projects in industrial production
1. The State allocates and rents land to the investor to prepare the business premises.
2. Duration of land rent and allocation is in accordance with the project of which the Investment Certificate or Investment Registration was issued but this duration should not exceed the maximum limit according to Law on Land.
3. The projects which are in the industrial parks are carried out according to the management regulations of the industrial parks.
Article 42: Investment in infrastructure outside the project fence
1. The investor shall undertake the investment in infrastructure (except electric source) of the projects which are not in the industrial parks.
2. Infrastructure buildings which are useful to the local people could invested by capital source of the investor, of the State and other legal capital sources according to the agreement between the investor and local People's Committee at district level.
3. Infrastructure buildings for public use are invested by the State.
4. Infrastructure buildings in the industrial parks invested by the state up to the foot fence of the project.
Article 43: Minerals exploitation and processing
1. Exploitation and processing minerals is investment field under conditions and should obey Law on minerals.
2. It is advisable to encourage the investors and create favorable condition for them to build processing plant of minerals of which the exploitation permit is issued. The consumption of exploited and processed products is according to Law on Materials.
Article 44: Land use for minerals exploitation and processing
1. The State leases land or create favorable for the investor to transfer the right to use land to execute projects in minerals exploitation and processing.
2. If the minerals processing plant is invested in industrial parks, the policy on land use of the industrial parks is applied. In case the plant is invested separately and out of mine area, the purpose of land use for industrial production and mine exploitation will be applied according to Decree No 181/2004/NB-CP and Law on Minerals.
3. For mine exploitation area, the duration of land use is the duration of mine exploitation permission but the first period should not exceed 30 years and it is possible to ask for extension according to Law on Minerals and Law on Land.
Article 45: Investment in medium and small-sized hydroelectric plants
The State allocates land with land use fee, leases land or creates favorable condition for the investor to come to terms and transfer to right to use land for medium and small-sized hydroelectric plants.
Hydroelectric projects combining with hydraulic and tourism activities should complied with approved projects.
Section 5. INFRASTRUCTURE AND CONSTRUCTION OF RESIDENTIAL
QUARTER, APARTMENT BUILDINGS AND VILLAS
Article 46: Investment in infrastructure and imperative projects
The States encourages the investor to invest in infrastructure for imperative project with big investment in Lam Dong Province according to contract forms: Building Trade Transfer (BOT contract), Building Transfer Trade (BTO) and Building Transfer (BT contract).
Article 47: Construction of traffic works inside projects which use forest land for tourism, resort, ecologic zone and agricultural and forestry production
1. Traffic line inside the projects which use forest land for tourism, resort, ecologic zone, agricultural and forestry production... is specialized traffic line that is allowed to design the line in grade or not but some geometric elements could be ignored to protect landscape and environment.
a. Automobile route: should be designed according to regulations on line grades but some geometric matters could be ignored such as: vertical slope, bow radius ... or reduced grades at the zigzag sections, high slope or dense forest to protect landscape and environment; but in order to ensure the traffic safety, it is advisable to limit the maximum speed and set up stake, signpost and barrier as stipulated.
b. Small path: could not be graded and could be built according to the topography, with the pavement in stone, pebble and gravel for walkers and houses
c. On the execution of route in the forests, redundant soil should not be poured into the underground dam and the suitable dumping ground is required.
2. In case there is land for the traffic line building projects, this land will be compensated and cleared to extend the secure corridor of the road in order to have land to build infrastructure before carrying out the investment.
Article 48: The use of hydraulic buildings to set up the investment projects in tourism
Hydraulic buildings that are built by the State for tourism exploitation will be allowed to build some works for tourism services but they should not influence on hydraulic purpose and should respect the regulations on buildings protection and specifications of the branches concerned and they get the building permit by the competent authorities.
Article 49: Regulations on land allocation and rent for the construction of apartment buildings, and houses for rent and for sale.
1. The state allocates land without land use fee of building land for resettled apartment building as stipulated by the State.
2. The State allocates land with land use fee or by auction of the right to use land and invite bids for land to build apartment building and house for rent or sale.
Article 50: Provisions on investment in residential quarter and new urban zone
The investor of building projects in residential quarter and new urban zone undertakes the following responsibility:
1. To build resettlement area for households of which their land should cleared for premises of the projects.
2. To allocate to local authorities 15% building land area of the project with available infrastructure and to be paid by the local authorities for compensation, support and premises clearance.
3. Amount of compensation for and support to land advanced by the investor will be deducted from land rent and land use fee but this amount should not exceed land rent and land use fee has to be paid.
4. The investor has not to pay land use fee for the building area of infrastructure, parks and public works used commonly in the scope of the projects.
Article 51: Regulations on investment in villas in the projects to use reasonably the villas in Da Lat City
The investor of investment in villas in the projects to use reasonably the villas in Da Lat City has the following responsibility:
1. Should pay rent of villa and land rent in the precinct of the villa.
2. To be only rented villa for trade but not for business office, transaction office and housing.
3. To pay expenses of compensation, support, premises clearance and resettlement and be deducted the expenses of compensation and support from villa rent that has to be paid or be invested in resettled building for people who are living in the villa.
Section 6. HEALTH, EDUCATION, CULTURE AND SPORT
Article 52: Encouraging the investment in health, education, culture, sport, science technology and environment, society, population, family, protecting and caring children
1. The State encourages business and organizations of all economic sectors to invest in health, education, culture and sport according to the policy on socialization.
a. According to each circumstance, the State will have policy on support to rent of the State owned material facilities from 03 to 05 years for semi State-owned establishment that is transferred to private one and for private establishment invests in public one according to policy on socialization;
b. The State leases to the investor the available establishment for long-term to run operations in health, education, culture and sport according to the policy on socialization;
c. The State carries out the policy on remission of land use fee, land rent, tax and credit according to the current regulations on encouraging developing the private establishment for supplying services.
2. Apart from the activities assigned by the State, public agencies of health, education, culture and sport could implement their specialized business according to Decree No 43/2006/NB-CP dated April 2006 of the Government. These agencies could not only use infrastructure built by the State but they also could call for capital from economic sectors to build and trade the same branch according to project approved.
Chapter VII. STATE MANAGEMENT OF INVESTMENT
Article 53: Rights and obligations of the state management
The state management has the rights and obligations to fulfill their function and tasks of their agency according to the regulations on investment management and laws concerned, the details are as follows:
1. Provincial People's Committee
a. To promulgate policy on investment encouragement and to announce list of investment encouragement projects in the province;
b. To handle timely the administrative procedures for investment under their competence;
c. To answer all petition of Department, branches, local authorities and the investors related to the project and implement the projects in the province.
2. Department of Planning and Service
To help the province People's Committee to fulfill the function of the state management related to the project and implement the investment project in the province, here are the concrete details:
a. To guide the investor to set up investment document;
b. To carry out the survey then submit it to the provincial People's Committee for consideration and issue Investment Certificate to the projects under the competence of the provincial People's Committee;
c. To supervise and speed up, control the implementation the target, progress of capital contribution and the execution of investment project as stated in Investment Certificate; To collect and classify quarterly, annually and every 06 months the report on the execution of investment project from the stage of application for Investment Certificate or the issue of the Investment Certificate until the operations of the project;
d. To hold a meeting among branches and majors concerned quarterly, annually and every 06 months to come to terms on solution for difficulties on the execution of the projects and ask provincial People's Committee to treat and withdraw Investment Certificate or Investment Registration for projects that fail to comply with tits commitment.
e. To carry out the state management on investment promotion.
3. Department of resources and environment
a. To guide and assess the document then submit to the provincial People's Committee to handle document to allocate land, rent land and transfer the purpose of land use and other matters related to the use of project land according to the law on land under the competence of the provincial People's Committee;
b. To guide the investor to complete procedures related to environment and issue papers related to environment when the investor satisfies all requirements of the current law.;
c. To preside and work with Departments, branches and localities concerned to check the position, landmark in reality; to work with local authorities to determine the legality of the land use of organizations and individuals that have land in project land area approved for investment.
d. To check and supervise the implementation of policies related to land, resources and environment management.
4. Department of construction
a. To guide the investor to set up design document and application for building permission according to the regulations;
b. To work with Departments, branches and localities concerned to give suggestion about location, architecture, landmarks, projects and building density;
c. To assess the basic design or design of execution drawing for projects with buildings;
d. To checks, inspect and control the implementation of the regulations, policies, standard and construction specifications related to the investment activities and to settle the violation (if any) under its competence to ensure that building permission, basic design and design of execution drawing are strictly respected.
5. Ministry of finance:
a. To preside and work with advisers of branches concerned to submit the suggestion to the provincial People's Committee to promulgate policy and compensation unit price for damage to land, properties and plants on land; to assess policy on compensation, support and resettlement of the cases under the competence for approval of the provincial People's Committee;
b. To decide unit price of land and water surface rented by the provincial People's Committee; submit to the provincial People's Committee for decision of land allocation price for investments projects;
c. To guide the investor to pay the advance for compensation for premises clearance and instruct the procedures for deducting the advance from land rent and land use fee.
d. To work with branches concerned to check, inspect and supervise the law implementation and give advice to the provincial People's Committee to overcome the difficulties in finance, accounting, tax and customs related to the investment.
6. Department of Resources and Environment
a. To guide the investor to perform the forest inventory and set up the method to improve poor and exhausted forests. To collect, assess and submit the application for forest exploitation to the appropriate authorities for the permission of forest exploitation in the building area; to instruct the investor the import of variety and seed;
b. The assessment of the basic design or design of execution drawing for building projects under its competence.
c. To checks, inspect and control the implementation of the regulations, policies, standard and Norms on the use of forest and forest land; to use and exploit hydraulic buildings and construction specifications related to the investment activities; and to settle the violation (if any) under its competence to ensure that building permission, basic design and design of execution drawing are strictly respected.
7. Provincial police
a. To guide the investor to prepare fire prevention and fighting document, to check and supervise the regulations about the implementation of the Governmental regulations on public security and order;
b. To collect and assess for approval of fire prevention and fighting document and to grant the certificate of the projects according to the regulations;
c. To control the public order and fire prevention and fighting.
8. Industrial parks management
To collect the application for investment certificate and grant the investment certificate and make regular report to submit to the provincial People's Committee and Department of Planning and Investment for synthesis.
9. Department of Labor Invalids and Social Welfares
To check and control the relationship of salary and income, to protect the legal right of the employees and the employers according to the regulations on labor; to give the project in support of employment training to the investor.
10. Other departments, branches and agencies concerned
All departments and branches concerned have to work together to instruct and check the progress of investment projects and ask the provincial People's Committee to withdraw the investment certificate when the investor has any violation.
11. People's Committee at district level
a. To arrange the investment allocation according to their competence and collect application for investment registration of which the investor do not request for the issue of Investment Certificate;
b. To organize the registration of commitment to protect environment and grant the building permission according to their competence;
c. To answer all request of departments and branches and answer competition of the investor related to the project and the implementation of the project in the local authorities;
d. To perform the State management in local projects;
e. To introduce land to the local investment project;
f. To instruct the Association of compensation, support and resettlement or Council of compensation for premises clearance to set up the general plan of compensation, support and resettlement for the local projects; to consider for approval the projects according to their assigned mission or submit to the provincial People's Committee for consideration and approval;
g. To determine the process of land use to help the appropriate to fix the compensation for damage according to the current regulations;
h. To decide unit price of land and water surface rent for projects to which the People's Committee decide to lease land and water surface;
i. To realize the compensation and premises clearance to allocate or lease land to the investor to carry out the investment;
j. To work with departments and branches concerned to determine the project location, to allocate land in the field, to announce land use plan and to inform the land recovery and policy on compensation and premises clearance after the approval;
k. To work together with Department of Planning and Investment to supervise and get information then make report on result of local project implementation;
l. To instruct the commune and quarter People's Committee to manage the projects of which the investment certificate is withdrawn.
12. Commune People's Committee
a. To assess, determine and certify the origin and process of land use or the organizations and individuals related to the land recovery;
b. To undertake responsibility for land which was compensated and supported and land under the State management in order that the people could not transgress this land illegally.
13. Relationship among departments, branches and local authorities.
a. Agencies which are assigned by the competent authorities to preside over the assessment and check should prepare written document with concrete parts, sections or content for which the branches or local authorities are requested to give suggestion about the progress while sending request for suggestion of branches and local authorities.
When receiving the written request for assessment and survey of the presiding agency, the requested agencies should answer in written timely and bear all responsibilities for their suggestion, in case of over due without suggestion, the agencies preside the assessment and check prepare the statement or handle the case according to their competence, the agencies which are requested for suggestion without answer shall bear all responsibilities for all mistakes (if any).
b. All the meetings are held with the participation of the representatives of the departments, branches and local authorities, the opinions of the participants will be the official opinions of these departments, branches and local authorities in order that the presiding agency could base on these opinions to give decision.
Chapter VIII. REWARD AND VIOLATION SETTLEMENT
Article 54: Reward and violation resettlement
1. Organizations and individuals that respects these regulations strictly with good achievements in investment implementation will be commend and reward according to the current law.
2. Organizations and individuals that break any content or these regulations shall be suffered the administrative punishment or disciplined or according to the objects and violation level.