DNO- The Government has just issued Decree No. 09/2024/ND-CP amending and supplementing a number of articles of Decree No. 144/2016/ND-CP dated November 1, 2016 of the Government stipulating a number of specific mechanisms on investment, finance, budget and decentralization of management for Da Nang city.
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| Danang Software Park |
Specifically, add Article 9a (after Article 9 of Decree No. 144/2016/ND-CP dated November 1, 2016 of the Government) on investment, management and exploitation of infrastructure assets of Da Nang Software Park (Concentrated Information Technology Park) invested by the City People's Committee according to the provisions of the law on State budget, the law on public investment is information infrastructure assets.
The City People's Council is authorized to consider and decide on investment, upgrading, expansion, and development of information infrastructure assets for the Concentrated Information Technology Park from the Da Nang city budget.
The State management agency of the Concentrated Information Technology Park is the City People's Committee. The management and exploitation of the Concentrated Information Technology Park must ensure that it is properly assigned, invested in, constructed, and purchased; effective, public, and transparent; monitored, inspected, examined, and audited in accordance with the law; any violations of the law on management, exploitation, and use of assets must be promptly detected and strictly handled in accordance with the law.
The establishment, management, storage of records, reporting, monitoring, accounting and maintenance of the Concentrated Information Technology Park shall be carried out in accordance with the provisions of law. The subject assigned to the Concentrated Information Technology Park is a public service unit of the People's Committee of Da Nang City (the unit managing the Concentrated Information Technology Park).
The management unit of the Concentrated Information Technology Park directly organizes the exploitation of assets. The organization of the exploitation of the Concentrated Information Technology Park must be established in a project and approved by the City People's Committee.
The selection of subjects to be provided with infrastructure and services in the Concentrated Information Technology Park (using assets) is carried out in the form of auction. Subjects to be auctioned must be subjects according to the provisions of Decree No. 154/2013/ND-CP dated November 8, 2013 of the Government regulating the Concentrated Information Technology Park and amendments and supplements (if any).
The starting price for the auction to select the object using the asset must correctly and fully calculate all reasonable and valid costs (including: depreciation of fixed assets determined according to the management regime, depreciation deductions applied to enterprises; obligations regarding taxes, fees, charges, land rent and other financial obligations as prescribed by law).
The management unit of the Concentrated Information Technology Park is responsible for determining the starting price for the auction to select the object using the asset, reporting to the superior management agency (if any) for consideration, and reporting to the City People's Committee for approval of the starting price. Based on the actual situation in the city, the City People's Committee considers assigning the appraisal agency and other contents to perform related tasks before submitting to the City People's Committee for approval of the starting price for the auction to select the object using the asset.
The selection of the organization for the asset auction, the order and procedures for the auction to select the object to use the asset shall be carried out in accordance with the provisions of the law on asset auction. The management unit of the Concentrated Information Technology Park shall be responsible for supervising the process of organizing the auction and fully exercising the rights and other obligations of the person whose asset is to be auctioned in accordance with the provisions of the law on asset auction. The assignment of the object to use the asset must be made in a Contract and the signing of the Contract must comply with the provisions of the law.
Regarding the management and use of the proceeds from asset exploitation, the management unit of the Concentrated Information Technology Park is responsible for paying all the proceeds from the exploitation of the Concentrated Information Technology Park to the State budget and the preparation, approval of estimates, and finalization of revenues and expenditures for the exploitation of the Concentrated Information Technology Park shall comply with the provisions of the law on the State budget. The City People's Council shall prescribe the contents and levels of expenditures for the management unit of the Concentrated Information Technology Park.
In case there is no subject proposing the need to exploit the Concentrated Information Technology Park or the exploitation is ineffective; the Concentrated Information Technology Park management unit determines the cause, proposes a solution, reports to the specialized agency on information and communication to report to the City People's Committee for consideration and decision according to its authority or reports to the competent authority for consideration and decision.
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