VietnameseDecision No. 105/2009/QD-TTg dated August 19, 2009 of the Prime Minister promulgating the Regulation on management of industrial complexes
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Decision No. 105/2009/QD-TTg dated August 19, 2009 of the Prime Minister promulgating the Regulation on management of industrial complexes
| Issuing body: | Prime Minister | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 105/2009/QD-TTg | Signer: | Nguyen Tan Dung |
| Type: | Decision | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 19/08/2009 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Construction , Investment , Natural Resources - Environment |
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Effect status: Known
THE PRIME MINISTER ----------- No. 105/2009/QD-TTg | SOCIALIST REPUBLIC OF VIETNAM Independence- Freedom- Happiness -------------- Hanoi, August 19, 2009 |
DECISION
Promulgating the Regulation on management of industrial complexes
THE PRIME MINISTER
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Investment Law;
Pursuant to the November 29, 2005 Enterprise Law;
Pursuant to the November 26, 2003 Construction Law;
Pursuant to the November 26, 2003 Land Law;
Pursuant to the November 29, 2003 Law on Environmental Protection;
At the proposal of the Minister of Industry and Trade;
DECIDES:
Article 1.
To promulgate together with this Decision the Regulation on management of industrial complexes.
Article 2.
To assign the Ministry of Industry and Trade to assume the prime responsibility for, and coordinate with concerned ministries and branches in, guiding the implementation of this Decision.
Article 3.
This Decision takes effect on October 5, 2009. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and concerned organizations and individuals shall implement this Decision.
PRIME MINISTER (Signed and sealed) Nguyen Tan Dung (This translation is for reference only) |
Regulation on management of industrial complexes
(Promulgated together with the Prime Minister’s Decision No. 105/2009/QD-TTg dated August 19, 2009)
Chapter I
GENERAL PROVISIONS
Article 1.
Scope of regulation and subjects of application
1. Scope of regulation: This Regulation provides for plannings on, supplementation of plannings on, and establishment and expansion of, industrial complexes; construction and commercial operation of industrial complex infrastructure; investment in production, business and service activities within industrial complexes; and state management of industrial complexes nationwide.
2. Subjects of application:
a/ Enterprises, organizations and individuals at build and commercially operate industrial complex infrastructure and conduct production, business and service activities within industrial complexes;
b/ State management agencies, and other organizations conducting activities related to the management and operation of industrial complexes.
Article 2.
Interpretation of terms
1. Industrial complex means a delimited geographical area without residents in which enterprises, industrial and cottage-industrial production establishments and establishments providing services for industrial and cottage-industrial production are concentrated; which is built mainly for the relocation, rearrangement and attraction of local production establishments, small-and medium-sized enterprises, individuals and households to conduct production and business activities; and which is established under decision of the People’s Committee of a province or centrally run city (below collectively referred to as provincial-level People’s Committee). Industrial complexes operate under this Regulation and relevant provisions of law.
An industrial complex has an area not exceeding 50 (fifty) hectares. When it is necessary to expand an existing industrial complex, the total area of an expanded industrial complex must not exceed 75 (seventy five) hectares.
2. Commercial operators of industrial complex infrastructure (below referred to as infrastructure operators) include enterprises, organizations and individuals that are established and operate or register business under Vietnamese law and directly build and commercially operate industrial complex infrastructure. If a to-be-established or-expanded industrial complex has no infrastructure operator, an industrial complex development center may be established.
3. Infrastructure of an industrial complex consists of internal roads, water supply and drainage, wastewater and waste treatment, electricity supply, public lighting and internal communication systems, administration and security houses, and other works serving the industrial complex’s operation.
4. Production and business enterprises within an industrial complex (below referred to as enterprises) include enterprises, cooperatives and cooperative groups established under Vietnamese law; and individuals and households that register business under law and conduct production and business activities and provide services for production and business activities within the industrial complex.
5. Industrial complex development center means a revenue-generating economic non-business unit attached to the district-level People’s Committee and established to perform the functions and tasks of an infrastructure operator. The organizational structure, payroll and operating funds of an industrial complex development center comply with law.
6. Industrial land area means land are of an industrial complex reserved for production, business and service activities.
7. Occupancy ratio means the ratio between the industrial land area already leased or registered for lease and the total industrial land area.
Article 3.
Domains, trades and production establishments eligible for investment promotion in industrial complexes
1. Agricultural, forestry and fishery product processing.
2. Production of new products and import substitutes.
3. Production of products using on-spot materials and labor-intensive production.
4. Production of products and spare parts, assembly and repair of machinery and equipment for agriculture and rural areas.
5. Allied industries.
6. Production establishments applying advanced technologies and environmentally friendly scientific-research results.
7. Polluting or likely polluting industrial and cottage-industrial production establishments which need to be relocated out of craft villages and residential areas.
8. Service establishments supporting industries and cottage industries.
9. Other domains and trades which are in line with local industrial and cottage-industrial development plannings and are eligible for investment incentives offered by provincial-level People’s Committees, which must not be higher than those prescribed by law.
Chapter II
PLANNING ON, ESTABLISHMENT AND EXPANSION OF, INDUSTRIAL COMPLEXES, SUPPLEMENTATION OF PLANNING ON INDUSTRIAL COMPLEXES
Article 4.
Plannings on development of industrial complexes
1. Based on local socio-economic and industrial and cottage-industrial development plannings, land use plannings and plans and other relevant plannings, provincial-level Industry and Trade Departments shall assume the prime responsibility for, and coordinate with other departments, branches and district-level People’s Committees in, drafting plannings on the development of industrial complexes in their localities, then submit them to provincial-level People’s Committees for approval after reaching agreement with the Ministry of Industry and Trade. Depending on the practical situation and conditions as well as industrial and cottage-industrial development requirements and objectives in its locality in each period, the provincial-level people’s Committee shall decide to formulate a separate planning on industrial complex development or include industrial complex development contents in the province’s industrial and cottage-industrial development planning.
2. An industrial complex development planning covers:
a/ Legal grounds and the necessity for the planning formulation;
b/ Overview of the actual development of industries and industrial parks in the locality;
c/ Analysis and assessment of the actual construction and development of industrial complexes already planned and established in the locality:
- Identifying the position and role of industrial complexes for local socio-economic development and industrial development;
- Analyzing and assessing pluses and minuses of the construction and development of industrial complexes;
- Forecasting factors that will affect the demand for development of industrial complexes, the attraction of investment in industrial-complex infrastructure, and land lease needs of enterprises and industrial production establishments in the locality.
d/ Orientations for distributing and developing industrial complexes in the locality, including names, locations, expected sizes and land arrangement capacity (on the principle of not using land already planned for paddy), characteristics of trades and conditions for connection to outside infrastructure, of to be-planned industrial complexes;
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