Circular No. 28/2020/TT-BCT guiding Decree No. 68/2017/ND-CP and Decree No. 66/2020/ND-CP

CIRCULAR

On prescribing and guiding the implementation of a number of provisions of the Government’s Decree No. 68/2017/ND-CP dated May 25, 2017, on management and development of industrial clusters and the Government’s Decree No. 66/2020/ND-CP dated November 06, 2020, on amending and supplementing a number of articles of the Decree No. 68/2017/ND-CP

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Pursuant to the Decree No. 98/2017/ND-CP dated August 18, 2017 of the Government on defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Decree No. 68/2017/ND-CP dated May 25, 2017 of the Government on management and development of industrial clusters;

Pursuant to the Decree No. 66/2020/ND-CP dated November 06, 2020 of the Government on amending and supplementing a number of Articles of the Decree No. 68/2017/ND-CP;

At the proposal of the Director General of the Agency for Regional Industry and Trade;

The Minister of Industry and Trade hereby promulgates a Circular on prescribing and guiding the implementation of a number of provisions of the Government’s Decree No. 68/2017/ND-CP of May 25, 2017, on management and development of industrial clusters and the Government’s Decree No. 66/2020/ND-CP dated November 06, 2020, on amending and supplementing a number of Articles of the Decree No. 68/2017/ND-CP.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular regulates and guides on small and frequence changing of industrial clusters; selection of enterprises or cooperatives take charge in industrial cluster’s infrastructure investment; detailed plans on construction of industrial clusters; construction of industrial cluster technical infrastructure; industrial cluster development activities; reporting regime, database and templates of documents and regulations on management of industrial clusters as regulated in the  Decree No. 68/2017/ND-CP dated May 25, 2017 of the Government on management and development of industrial clusters and the Decree No. 66/2020/ND-CP dated November 6, 2020 of the Government on amending and supplementing a number of articles of the Decree No. 68/2017/ND-CP.

Article 2. Subjects of application

1. Enterprises, cooperatives and units investing in the construction of industrial cluster technical infrastructure.

2. Organizations and individuals carrying out production and business activities in industrial clusters.

3. Other agencies, organizations and individuals involved in the management and operation of industrial clusters.

Chapter II

SPECIFIC PROVISIONS

Section 1

Modification of plans of development of industrial clusters

Article 3. Small and frequency changes of industrial clusters

1. Small and frequency changes of industrial clusters including name, location change within district-level administrative boundary in which the change of industrial cluster’s area compatible with district-level master plans and plans on land use, with the sectors to operate, schedule of technical infrastructure investment and others changes but not impact objectives and increase the land use area of the plan on industrial cluster development in the approved provincial master plans or the land areas for industrial cluster development approved by the competent authority.

2. Based on the proposal documents of the district-level People s Committee, the provincial-level People’s Committees shall assign the provincial-level Department of Industry and Trade to assume the prime responsibility for, and coordinate with related provincial-level departments and sectors to clarify the necessary and proposal basic for small and frequency changes of industrial clusters as well as impacts to the provincial master plans; report to the provincial-level People’s Committees so as to compile the document to the Ministry of Industry and Trade for unification. In case of change the area of the industrial cluster, the Ministry of Industry and Trade shall ask for opinions of related ministries and agencies to consider and settle.

Based on the unification document of the Ministry of Industry and Trade, the provincial-level People’s Committees shall guide the implementation of the small and frequency changes of industrial clusters, and simultaneously update and express on provincial master plans those changes so as to report to the Prime Minister on the provincial master plans establishment and modification period.

Section 2

INVESTMENT IN CONSTRUCTION OF INDUSTRIAL CLUSTER TECHNICAL INFRASTRUCTURE

Article 4. Selection of enterprises and cooperatives to be project owners in the construction of industrial cluster technical infrastructure

1. Receipt and select enterprises, cooperatives to be project owners in the construction of industrial cluster technical infrastructure:

a) After receiving the proposal document for being project owner in the construction of technical infrastructure by an enterprise or cooperative, the district-level People s Committee shall inform the receipt and time for establishment and expansion of industrial cluster’s documents on the local mass media.

b) The decision on establishment and expansion of industrial clusters (including the assignment for enterprise to be project owner in the construction of industrial cluster technical infrastructure) shall be notify on the local mass media after being approved by the provincial-level People’s Committees.

2. The selection of enterprises and cooperatives to be the project owner in the construction of industrial cluster technical infrastructure is one of the appraisal of the establishment or expansion of industrial clusters. The duration for selection of project owner in the construction of technical infrastructure is in the stage of appraising documents for establishment or expansion of industrial clusters.

3. The Appraisal Council for selection of project owner (hereinafter referred to as the Council):

a) Within the process of appraising the document for establishment and expansion of industrial clusters, the provincial-level Department of Industry and Trade shall report to the provincial-level People’s Committees to establish the Council which include: The Council’s President position shall be assigned to the leader of the provincial-level People’s Committees, the Vice-President position shall be assigned to the leader of the provincial-level Department of Industry and Trade, the Secretary position shall be assigned to the representative of the professional management division of the provincial-level Department of Industry and Trade, the Council’s members shall be representatives of the provincial-level Department of Planning and Investment, the provincial-level Department of Natural Resource and Environment, the provincial-level Department of Construction, the provincial-level Department of Finance and other related agencies and units (if necessary);

b) The Council shall carry out the appraisal for selection of project owner in the construction of technical infrastructure if the minimum of two thirds of the Council’s members taking part in, such process shall be implemented according to the scoring method with the score scale of 100 for the following criteria: investment plans in construction of industrial cluster technical infrastructure (maximum of 15 points), capacity and experience of the enterprise or cooperative (maximum 15 points) and the financial plans for investment in construction of industrial cluster technical infrastructure (maximum 40 points). On the basis of local practical conditions, the provincial-level Department of Industry and Trade shall report to the Council to unify the principles and methods of the Council’s operation, specific content of each criteria and the scoring level of each respective criterion.

c) The score which is used for the selection of the project owner in the construction of technical infrastructure shall be decided by the Council and expressed by written document with the signature of the Council’s President (or the Vice-President if authorized by the President), the Council’s Secretary and Council’s members;

Enterprise or cooperative which reaches the score of 50 or higher shall be considered to be the project owner in the construction of technical infrastructure of industrial cluster. In case there are two or more than two enterprises, cooperatives proposing to be the project owner in the construction of technical infrastructure of industrial cluster, which one has the highest score shall be chosen; in case there are two or more enterprises, cooperatives which have the same score, the Council shall agree to choose one enterprise or cooperative to be the project owner in construction of industrial cluster technical infrastructure.

d) The Council shall be responsible to the provincial-level People’s Committees for the result of selection of project owners of the industrial cluster technical infrastructure.

4. Tasks of the provincial-level Department of Industry and Trade:

a) To preside on appraising the documents of establishment and expansion of industrial clusters as prescribed in Articles 10, 11, 12, 13 and 14 of the Decree No. 68/2017/ND-CP;

b) To complete and deliver the draft of report for appraising to establishment or expansion of an industrial cluster, copy of the proposal document for establishment or expansion of an industrial cluster, the draft of appraisal criteria and respective score of each criteria as well as other related documents to the Council’s members before the meeting date;

c) To prepare the necessary conditions for the Council to hold the meeting, give the score and implement other conclusion of the Council;

d) To complete the related documents and papers to report to the provincial-level People’s Committees to decide on establishment and expansion of industrial clusters (in which containing the assignment to enterprises, cooperatives to be project owners in construction of industrial cluster technical infrastructure);

dd) To implement other related tasks.

Article 5. Detailed plans on construction of industrial clusters

1. The establishment, appraisal and approval of details plans for industrial cluster construction shall be implemented in accordance with regulations on detailed planning of functional zone prescribed in the Construction Law; the Decree No. 44/2015/ND-CP dated May 06, 2015 of the Government on detailing a number of contents on construction planning; Decree No. 72/2019/ND-CP dated August 30, 2019 of the Government on amending and supplementing a number of articles of Decree No. 37/2010/ND-CP of April 07, 2010, on the formulation, appraisal, approval and management of master plans on urban centers, and Decree No. 44/2015/ND-CP of May 06, 2015, detailing a number of provisions on construction master plans and other related legal provisions.

2. The determination and management of the expense used for detailed plans on construction of industrial clusters shall be implemented as prescribed in the Circular No. 20/2019/TT-BXD dated December 31, 2019 of the Minister of Construction on guiding the determination and management of construction planning and urban planning expense.

3. The selection of consultation agency for establishment of detailed consultation planning shall be implemented in accordance with law provisions on bidding, construction and other related legal provisions.

Article 6. Investment projects in construction of industrial cluster technical infrastructure

1. Investment projects in construction of industrial cluster technical infrastructure shall not have to carry out the procedure of deciding the investment policy as prescribed in Clause 1, Article 18 of the Decree No. 68/2017/ND-CP.

2. Content and procedure for formulation, appraisal, approval of the projects to construct technical infrastructure of industrial cluster shall be implemented as prescribed in the Decree No. 59/2015/ND-CP dated June 18, 2015 of the Government on management of construction investment projects and the Decree No. 42/2017/ND-CP dated April 05, 2017 of the Government on amendments to the Government s Decree No. 59/2015/ND-CP dated June 18, 2015 on management of construction investment projects and other related legal provisions.

3. Upon formulation of the construction investment project, the project owner shall implement simultaneously with the formulation of the project’s report of environmental impact assessment. Content and procedure for formulation, appraisal, approval of the project’s report of environmental impact assessment shall be implemented as prescribed in the Decree No. 18/2015/ND-CP dated February 14, 2015 of the Government prescribing environmental protection master plans, strategic environmental assessment, environmental impact assessment and environmental protection plans; the Decree No. 40/2019/ND-CP dated May 13, 2019 of the Government on amending and supplementing a number of articles of the decrees detailing and guiding the implementation of the Law on Environmental Protection and other related legal provisions.

Article 7. Tasks of the units assigned for being project owners in construction of industrial cluster technical infrastructure as prescribed in Clause 2, Article 15 of the Decree No. 68/2017/ND-CP

1. To participate in formulation and modification of plans of development of industrial clusters, formulation of the report on investment on establishment and expansion of industrial clusters; organize the formation and management of detailed plans of development of industrial clusters.

2. To organize, implement and manage to ensure the schedule of investment in construction of industrial cluster technical infrastructure; propose to competent authority to decide the capital mobilization plans to invest in construction of industrial cluster technical infrastructure in accordance with legal provisions.

3. To manage, operate, maintain and guarantee the regular operation of the common system of technical infrastructure of the industrial clusters and provide other services and utilities in the industrial clusters in accordance with law provisions.

4. To promote the investment and guide the procedure to implement the investment projects, production facilities moved into the industrial clusters; to support and create favorable conditions for organizations and individuals to carry out procedures for production and business in the industrial clusters.

5. To perform other tasks assigned by the competent authority and in accordance with law provisions.

Article 8. Industrial cluster development activities

Industrial cluster development activities as prescribed in Article 30 of the Decree No. 68/2017/ND-CP shall be implement through the proposals of content of operation for industrial cluster development activities and expense estimation approved annually.

1. The Agency for Regional Industry and Trade shall assume the prime responsibility for, and coordinate with other agency affiliated to the Ministry of Industry and Trade and other functional agencies to propose to the Ministry of Industry and Trade for approval of content, expense estimation and organize the implementation of annual industrial cluster development activities as prescribed in Clause 1, Article 30 of the Decree No. 68/2017/ND-CP after being approved.

2. The provincial-level Department of Industry and Trade shall assume the prime responsibility for, and coordinate with other departments, sectors, units and other functional agencies to propose to the competent authority for approval of content, expense estimation and organize the implementation of annual industrial cluster development activities within the provincial area as prescribed in Clause 2, Article 30 of the Decree No. 68/2017/ND-CP after being approved.

3. Specialized divisions in charge of industry and trade affairs under the district-level People’s Committee shall assume the prime responsibility for, and coordinate with other agencies affiliated to the district-level People s Committee and other functional agencies to propose to the competent authority for approval of content, expense estimation and organize the implementation of annual industrial cluster development activities within the district area as prescribed in Clause 2, Article 30 of the Decree No. 68/2017/ND-CP after being approved.

Section 3

REPORTING REGIME, TEMPLATES OF PAPERS AND REGULATIONS ON MANAGEMENT OF INDUSTRIAL CLUSTERS

Article 9. Reporting regime on industrial clusters

1. Reporting entities:

a) The Agency for Regional Industry and Trade;

b) The provincial-level Department of Industry and Trade;

c) Specialized divisions in charge of industry and trade affairs under the district-level People’s Committee; the statistics offices at district level;

d) Project owners in construction of industrial cluster technical infrastructure;

dd) Organizations and individuals conducting production and business activities in industrial clusters;

2. The time for closing the data of periodical report

a) The time for closing the data of the first 06 months’ report of the year shall be counted from December 15 of the previous year of the reporting period to June 14 of the reporting period;

b) The time for closing the data of the annual report shall be counted from December 15 of the previous year of the reporting period to December 14 of the reporting period.

3. Periodical reporting regime:

a) Periodically, before June 20 and December 20 every year, organizations and individuals carrying out production and business activities in industrial clusters shall report on their production and business in 06 months and the whole year using the Form No. 1.1 of the Appendix I attached to this Circular, send to the statistics offices at district level and send the copy to specialized divisions in charge of industry and trade affairs under the district-level People’s Committee;

b) Periodically, before June 25 and December 20 every year, the project owners shall report the operation status of the projects  in construction of industrial cluster technical infrastructure in the recent 06 months and the whole year using the Form No. 1.2 of the Appendix I attached to this Circular, send to the statistics offices at district level and send the copy to specialized divisions in charge of industry and trade affairs under the district-level People’s Committee and the provincial-level Department of Industry and Trade;

c) Periodically, before June 25 and December 25 every year, specialized divisions in charge of industry and trade affairs under the district-level People’s Committee shall report the practical condition of investment on construction of industrial clusters’ technical infrastructure within their management area in the recent 06 months and the whole year using the Form No. 1.3 of the Appendix I attached to this Circular, send to the provincial-level Department of Industry and Trade and the district-level People s Committee;

d) Periodically, before June 30 and December 31 every year, the provincial-level Department of Industry and Trade shall report the practical condition of investment on construction of industrial clusters’ technical infrastructure within their management area in the recent 06 months and the whole year using the Form No. 1.4 of the Appendix I attached to this Circular, send to the provincial-level People’s Committees and the Agency for Regional Industrial and Trade;

dd) Periodically, before March 31 of the following year, the Agency for Regional Industrial and Trade shall synthesize and report to the Ministry of Industry and Trade the practical condition of investment on construction of industrial clusters’ technical infrastructure as well as the production and business on the industrial clusters nationwide.

4. The units and agencies shall implement the periodical reporting regime by written documents, electronic mails or by updating data to the database of industrial clusters (for the Agency for Regional Industrial and Trade, the provincial-level Department of Industry and Trade and specialized divisions in charge of industry and trade affairs under the district-level People’s Committee).  Besides, the above mentioned agencies and units shall implement irregular report as required by the competent State agency.

Article 10. Establishment, management and operation of Industrial Cluster Database

1. The Agency for Regional Industrial and Trade shall organize the establishment, management and operation of the National Industrial Cluster Database; guide the provincial-level Department of Industry and Trade to update data into the National Industrial Cluster Database.

2. The provincial-level Department of Industry and Trade shall organize the establishment, management, operation and guide specialized divisions in charge of industry and trade affairs under district level People’s Committees to update data into the Industrial Cluster Database on the provincial area; and hold the responsibility to completely, punctually and accurately update data of industrial clusters located on the area into the National Industrial Cluster Database.

3. Specialized divisions in charge of industry and trade affairs under the district-level People’s Committee shall take responsibility for completely, punctually and accurately updating data of industrial clusters located on the area into the Provincial Industrial Cluster Database.

Article 11. Templates of papers and regulations on management of industrial clusters

Templates of papers and regulations on management of industrial clusters shall be specified in Appendix II attached to this Circular shall be used as a basis for application according to local practical conditions.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 12. Responsibilities of the Agency for Regional Industrial and Trade

1. The Agency for Regional Industrial and Trade shall be the focal point agency to support the Ministry of Industry and Trade in performing state management of industrial clusters on nationwide scale as prescribed in the Decree No. 68/2017/ND-CP and the Decree No. 66/2020/ND-CP.

2. To propose opinions on the suitability and satisfaction of regulations for local industrial cluster development plans; small and frequency change of industrial clusters in the process of implementing industrial cluster development plans.

3. To assume the prime responsibility in formulation of content on industrial cluster development activities, annual expense estimation and organize the implementation in accordance with law provisions.

4. To guide and settle the obstacle arising in the course of implementation of this Circular.

Article 13. Responsibilities of the provincial-level People’s Committees

1. To carry the authorization and responsibility on management of industrial cluster as prescribed in Article 42 of the Decree No. 68/2017/ND-CP which amended and supplemented by Clause 11 Article 1 of the Decree No. 66/2020/ND-CP.

2. To direct the departments, sectors, divisions and agencies in the area to closely cooperate and create favorable conditions within their function and assigned tasks so that the provincial-level Department of Industry and Trade, the district-level People s Committee can fully implement the authority and responsibility of managing industrial clusters as prescribed in Articles 43 and 44 of the Decree No. 68/2017/ND-CP and Articles 14 and 15 of this Circular.

Article 14. Responsibilities of the provincial-level Department of Industry and Trade

1. To perform the authorization and responsibility on management of industrial cluster as prescribed in Article 43 of the Decree No. 68/2017/ND-CP.

2. To be the focal point to support the provincial-level People’s Committee in carrying out state management on industrial clusters as prescribed in Article 42 of the Decree No. 68/2017/ND-CP which is amended and supplemented by Clause 11, Article 1 of the Decree No. 66/2020/ND-CP; formulate and implement the plans for implement the plan for industrial cluster development in the provincial mater plans after being approved by the competent authority; to take the prime responsibility for, and coordinate with other departments and sections in appraising the proposal document on establishment and expansion of industrial clusters; to participate in appraising detailed plans on construction, investment projects on construction of technical infrastructure, and environmental impact assessment reports of industrial clusters; to assume the prime responsibility for, and coordinate in, appraising the policy on investment in projects on production and business activities in industrial clusters under regulations and decentralization of provincial-level People’s Committee.

3. To formulate and submit to the provincial-level People’s Committee to promulgate the Regulation on management of industrial clusters; to settle the procedure of investment implementation according to the single-window and inter-agency single-window regime, for:

a) Projects on investment in construction of industrial cluster technical infrastructure (including issuance of investment registration certificate, land recovery, land lease, approval of detailed plans, approval of public investment projects, approval of environmental impact assessment reports, and approval of fire prevention and fighting plans).

bInvestment projects on production and business activities in industrial clusters (including decision on investment policy, issuance of investment registration certificate, land recovery, land lease, issuance of construction certificate, approval of fire prevention and fighting plans, confirm environmental protection plan or approval of environmental impact assessment reports).

4. Assuming the prime responsibility for the formulation of content on industrial cluster development activities, annual expense estimation and organize the implementation within the provincial area in accordance with law provisions.

Article 15. Responsibilities of specialized divisions in charge of industry and trade affairs under the district-level People’s Committee

1. Specialized divisions in charge of industry and trade affairs under district-level People’s Committee shall be the focal agencies which support the district-level People’s Committee in managing industrial clusters in area as prescribed in Article 44 of the Decree No. 68/2017/ND-CP.

2. To assume the prime responsibility for the formulation of content on industrial cluster development activities, annual expense estimation and organize the implementation on the district area in accordance with law provisions.

Article 16. Effect

1. This Decree takes effect on December 31, 2020.

2. This Circular replaces the Circular No. 15/2017/TT-BCT dated August 31, 2017 of the Ministry of Industry and Trade guiding the implementation of the Decree No. 68/2017/ND-CP dated May 25, 2017 of the Government on management and development of industrial clusters.

3. In case the legislative documents cited in this Circular are replaced, amended, supplemented, such replacing, amending or supplementing provisions shall prevail./.

The Minister of Industry and Trade

Tran Tuan Anh

* All Appendices are not translated herein