Circular 05/2025/TT-BKHDT guiding the construction of eco-industrial parks

CIRCULAR

Guiding the construction of eco-industrial parks

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Pursuant to the Law on Investment dated No. 61/2020/QH14 June 17, 2020;

Pursuant to the Government’s Decree No. 35/2022/ND-CP dated May 28, 2022, providing the management of industrial parks and economic zones;

Pursuant to the Government’s Decree No. 89/2022/ND-CP dated October 28, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

At the proposal of the Director of the Department of Economic Zones Management;

The Minister of Planning and Investment hereby promulgates the Circular guiding the construction of eco-industrial parks.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. Scope of regulation

This Circular provides detailed provisions on construction of eco-industrial parks and relevant forms specified in Articles 2, 36, 37, 38, 40, 41, 42, 43, 44, and 53 of the Government's Decree No. 35/2022/ND-CP dated May 28, 2022, providing the management of industrial parks and economic zones (hereinafter referred to as Decree No. 35/2022/ND-CP).

2. Subjects of application

This Circular applies to state management agencies, organizations and individuals involved in the construction, development, certification, revocation and re-certification of eco-industrial parks and eco-enterprises.

Article 2. Industrial symbiosis and solutions for efficient use of natural resources and cleaner production

1. Industrial symbiosis specified in Clause 7 Article 2 and Point b Clause 2 Article 37 of Decree No. 35/2022/ND-CP includes the following cooperation activities:

a) Exchange of inputs and outputs (raw materials, materials, water, energy, waste, scrap, and other factors) in production and business processes among enterprises within the industrial park, in compliance with the law on environmental protection;

b) Shared use of production infrastructure within the industrial park provided by the parties participating in industrial symbiosis or by a third party (excluding shared-use social infrastructure facilities of the industrial park provided by the investor developing the industrial park infrastructure);

c) Shared use of production and business services within the industrial park provided by the parties participating in industrial symbiosis or by a third party within or outside the industrial park.

2. Enterprises within the industrial park engaged in at least one of the activities specified at Points a, b, and c of Clause 1 shall be counted as one industrial symbiosis under Point b Clause 2 Article 37 of Decree No. 35/2022/ND-CP.

3. Solutions for efficient use of natural resources and cleaner production within the industrial park specified at Point c Clause 2 Article 37 of Decree No. 35/2022/ND-CP include:

a) Source reduction: internal management, use of alternative materials; process and equipment control; upgrading, innovation, or replacement of equipment and production lines of enterprises, and energy saving to reduce input material and energy consumption and waste generation, thereby improving production and business efficiency;

b) Circular solutions: collection, treatment, reuse, and recycling of waste, scrap, and rainwater for production purposes within an enterprise, in compliance with the law on environmental protection;

c) Product improvement solutions through design, packaging, and product modification to minimize environmental impact.

4. During the evaluation and supervision of enterprises in implementing provisions of Points b and c Clause 2 Article 37 of Decree No. 35/2022/ND-CP, competent state agencies may consult domestic professional organizations and units qualified to provide advisory services on efficient use of natural resources and cleaner production, or international organizations with capacity and expertise in efficient use of natural resources and cleaner production through organizing meetings to collect opinions or collecting opinions in writing.

Article 3. Information and database on efficient use of natural resources and cleaner production in industrial parks

1. Information and database on efficient use of natural resources and cleaner production in industrial parks specified in Clauses 3, 4 and 5 Article 36 of Decree No. 35/2022/ND-CP refer to a collection of platforms, data and indicators on efficient use of natural resources and cleaner production of industrial parks as prescribed in Appendices A and B to this Circular (hereinafter referred to as the system of information and database on resource efficiency and cleaner production), including:

a) Local systems of information and databases on efficient use of natural resources and cleaner production shall be collected, developed, managed and operated by the Industrial Park and Economic Zone Management Boards (as the focal point) in order to monitor, supervise, certify, revoke and re-certify eco-industrial parks, eco-enterprises and perform the tasks specified at Clause 5 Article 36 of Decree No. 35/2022/ND-CP.

b) Systems of information and databases on efficient use of natural resources and cleaner production at enterprise or organization level, shall be collected, developed, managed and operated by investors developing the industrial park infrastructure, enterprises within the industrial parks and relevant organizations, for the collection, reporting, management, and operation for the efficient use of natural resources and cleaner production, and for connecting industrial symbiosis of the industrial parks and enterprises within the industrial parks, under the coordination and supervision of the Industrial Park and Economic Zone Management Boards.

3. Systems of information and databases specified in Clause 1 of this Article shall be integrated into the National Information System on Industrial Parks and Economic Zones developed, operated, and managed by the Ministry of Planning and Investment, with online platform announced on the Ministry of Planning and Investment’s website.

The Industrial Park and Economic Zone Management Boards, related enterprises and organizations specified at Points a and b of this Clause shall be granted with an online account to provide and update data on the database on efficient use of natural resources and cleaner production.

Article 4. Determination of land areas for calculating the percentage of ​​greenery, roads, technical facilities and shared-use social infrastructure facilities of the industrial park

1. Land area of ​​greenery, roads, technical facilities and shared-use social infrastructure facilities of the industrial park specified at Point a Clause 3 Article 37 of Decree No. 35/2022/ND-CP includes:

a) Land area of greenery of the industrial park;

b) Land area of roads of the industrial park;

c) Land area for technical facilities of the industrial park: including power supply, public lighting, telecommunications, water supply, wastewater drainage and treatment, solid waste management, public sanitation, and other technical infrastructure systems, excluding the area specified at Point b Clause 1 of this Article;

c) Land area for shared-use social infrastructure facilities of the industrial park: including infrastructure systems for public utility services such as healthcare, education, culture, sports, commerce, accommodation facilities, parks, gardens, playgrounds, and other social infrastructure works.

2. The percentage of each type of land area specified in Clause 1 of this Article shall be determined based on the total land area of the industrial park in accordance with the industrial park construction master plan approved by competent state agencies.

Chapter II

CERTIFICATION OF ECO-INDUSTRIAL PARKS AND ECO-ENTERPRISES

Article 5. Conditions for proposing the investment of new eco-industrial parks

1. Investment project proposals or prefeasibility study reports on investment projects of infrastructure facilities of an eco-industrial park must specify contents specified at Point a Clause 2 Article 8 and Point a Clause 2 Article 38 of Decree No. 35/2022/ND-CP.

2. Considerations for assessing the condition satisfaction of the investment project on construction and commercial operation of infrastructure facilities of an eco-industrial park under Point a Clause 2 Article 38 include:

a) The anticipated key industries and trades calling for investment in the industrial park, which shall be determined according to the industrial park construction master plan as approved by the competent state agency;

b) The estimated emission levels for the key industries and trades specified at Point a Clause 1 of this Article, calculated based on the greenhouse gas inventory guidelines issued by the Intergovernmental Panel on Climate Change (IPCC) or other relevant international instruments, as well as the sector-specific greenhouse gas inventory guidelines promulgated by the competent agency;

c) The projected industrial symbiosis plan, classified under Clause 1 Article 2 of this Circular;

d) The plan on industrial symbiosis in the industrial park, plan on formulation and implementation of a mechanism to monitor inputs and outputs of the industrial park regarding the use of raw materials, materials, water, energy, chemicals, wastes, and scraps, which may be formulated and executed on the system prescribed at Point b Clause 1 Article 3 of this Circular;

dd) The plan on discharge of social responsibility toward the surrounding community, which may be developed according to a social responsibility report (CSR), environmental, social, and governance report (ESG), or other similar sustainability reports;

e) Commits to meeting the criteria for identification of eco-industrial parks specified in Article 37 of Decree No. 35/2022/ND-CP for 8 years from the time the industrial park is established, clearly defining the implementation roadmap.

Article 6. Forms of documents and reports relating to the registration for certification of eco-industrial parks, registration for certification of eco-enterprises

1. Forms of documents and reports relating to the registration for certification of eco-industrial parks are provided in Appendix A.

2. Forms of documents and reports relating to the registration for certification of eco-enterprises are provided in Appendix B.

3. Forms applicable to state management agencies, relating to certification of eco-industrial parks and eco-enterprises are provided in Appendix C.

Chapter III

REPORTS ON MONITORING, SUPERVISION AND EVALUATION OF THE EFFECTIVENESS OF ECO-INDUSTRIAL PARKS AND ECO-ENTERPRISES

Article 7. Reports on monitoring, supervision and evaluation of the effectiveness of eco-industrial parks and eco-enterprises

1. Reports on the eco-industrial parks of the reporting year specified in Clause 1 Article 43 of Decree No. 35/2022/ND-CP shall be made and updated on the database on efficient use of natural resources and cleaner production by the investor implementing investment projects on construction and commercial operation of infrastructure facilities of an eco-industrial park, and sent to the Industrial Park and Economic Zone Management Board on March 31 of the following year for monitoring and supervision.

2. Reports on the eco-enterprises specified in Clause 2 Article 43 of Decree No. 35/2022/ND-CP shall be made and updated on the database on efficient use of natural resources and cleaner production by the eco-enterprise, and sent to the investor implementing investment projects on construction and commercial operation of infrastructure facilities of an industrial park and the Industrial Park and Economic Zone Management Board on March 15 of the following year for monitoring and supervision.

3. Report forms specified in Clauses 1 and 2 of this Article are provided in Appendices A and B to this Circular.

Article 8. Evaluation of the effectiveness of eco-industrial parks and eco-enterprises

The evaluation of the effectiveness of eco-industrial parks and eco-enterprises specified in Clause 4 Article 43 of Decree No. 35/2022/ND-CP shall be carried out by using economic, social and environmental indicators prescribed in Appendices A and B to this Circular, and updated on the database specified in Article 2 of this Circular.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 9. Implementation organization

The Industrial Park and Economic Zone Management Boards shall assume the prime responsibility for, and coordinate with competent Departments, sectors and agencies in, performing the following tasks:

a) On an annual basis, reviewing and evaluating difficulties and problems (if any) arising in the implementation of the law on eco-industrial parks and eco-enterprises;

b) Timely updating provisions relating to eco-industrial parks provided in legal documents on investment, land, commerce, construction, labor, environment, and other legal documents to report to provincial-level People’s Committees for proposing the Ministry of Planning and Investment, relevant ministries and sectors, and the Government for amendment and supplementation of documents relating to eco-industrial parks.

Article 10. Responsibilities of ministries, sectors and localities

1. The Ministry of Planning and Investment shall cover fundings for development, management, operation, exploitation, connection and sharing of data on eco-industrial parks and eco-enterprises as prescribed.

2. Ministries, sectors and provincial-level People's Committees shall cover fundings and sources for updating information on eco-industrial parks and eco-enterprises.

Article 11. Effect

1. This Circular takes effect from March 15, 2025.

2. Any problems, difficulties or issues arising in the course of implementation should be promptly reported to the Ministry of Planning and Investment for consideration and settlement within the competence./.

* All Appendices are not translated herein.