Decree 35/2022/ND-CP on prescribing the management of industrial parks and economic zones

a

DECREE

Providing the management of industrial parks
and economic zones^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the June 17, 2020 Law on Investment;

Pursuant to the June 17, 2020 Law on Enterprises;

Pursuant to the June 13, 2019 Law on Public Investment;

Pursuant to the November 24, 2017 Planning Law; and the November 20, 2018 Law Amending and Supplementing a Number of Articles of 37 Laws concerning Planning;

Pursuant to the November 29, 2013 Land Law;

Pursuant to the June 18, 2014 Law on Construction; and the June 17, 2020 Law Amending and Supplementing a Number of Articles of the Law on Construction;

Pursuant to the November 25, 2014 Law on Real Estate Business;

Pursuant to the November 17, 2020 Law on Environmental Protection;

Pursuant to the November 13, 2020 Law on Residence;

Pursuant to the June 16, 2014 Law on Foreigners’ Entry into, Exit from, Transit through, and Residence in Vietnam; and the November 25, 2019 Law Amending and Supplementing a Number of Articles of the Law on Foreigners’ Entry into, Exit from, Transit through, and Residence in Vietnam;

Pursuant to the November 20, 2019 Labor Code;

Pursuant to the April 6, 2016 Law on Import Duty and Export Duty;

At the proposal of the Minister of Planning and Investment;

The Government promulgates the Decree providing the management of industrial parks and economic zones.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Decree provides orientations for construction and plans on development of the system of industrial parks and economic zones; investment in infrastructure facilities, establishment and operation of, development policies for, and state management of, industrial parks and economic zones.

2. This Decree applies to competent state agencies, and organizations and individuals involved in investment, production and business activities in industrial parks and economic zones.

Article 2. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Industrial park means a zone with delimited geographical boundaries and specialized in production of industrial commodities and provision of services for industrial production.

2. Export processing zone means an industrial park that is specialized in export production, and provision of services for export production and export activities; and is separated from the outside under the provisions applicable to non-tariff areas of the law on import duty and export duty.

3. Supporting industry park means an industrial park that is specialized in production of supporting industry products and provision of services for production of supporting industry products; and has at least 60% of its total industrial land area used for attraction of investment projects on production of supporting industry products under regulations on development of supporting industries. 

4. Specialized industrial park means an industrial park that is specialized in production and provision of services for production of products in a specific industry or sector; and has at least 60% of its total industrial land area used for attraction of investment projects in such industry or sector.

5. Eco-industrial park means an industrial park where industrial-park enterprises participate in cleaner production activities, efficiently use natural resources and cooperate with one another in production activities for industrial symbiosis; and satisfies the criteria specified in this Decree.

6. Hi-tech industrial park means an industrial park that attracts investment projects on high technology and information technology on the List of sectors and trades eligible for special investment incentives in accordance with the law on investment, projects involving the transfer of technologies on the List of technologies eligible for transfer promotion under the law on technology transfer, technology incubators and science and technology enterprise incubators in accordance with the law on high technology and the law on science and technology, and investment projects on innovative startups, innovation, research and development, and education and training; and has at least 30% of its industrial land area used for attraction of such investment projects.

7. Industrial symbiosis means cooperation among enterprises in an industrial park or different industrial parks in order to optimize the use or reuse of inputs and outputs such as raw materials, materials, water, energy, wastes, scraps and other elements during the production and business process.

8. Eco-enterprise means an enterprise that simultaneously applies cleaner production solutions, efficiently uses natural resources and implements industrial symbiosis in an eco-industrial park; and satisfies the criteria specified in this Decree.

9. Expanded industrial park means an area that is formed through increasing the area of an existing industrial park in which the expanded area’s boundaries are contiguous or adjacent to, and capable of connecting or sharing technical infrastructure facilities with, the existing industrial park.

10. Industrial park’s sub-area means part of the area of an industrial park that has delimited geographical boundaries and is specialized in production and provision of services for industrial production; and is included in the master plan on construction of industrial parks approved by a competent state agency.

11. Infrastructure use charge means a pay service charge for technical infrastructure facilities and service works, including roads, electricity supply, water supply, water drainage, communication, and wastewater and waste treatment facilities, and other service and public-utility facilities.

12. Investment project on construction and commercial operation of industrial-park infrastructure facilities means an investment project that uses land to build complete technical infrastructure facilities in an industrial park and leases or subleases land to investors for construction of workshops, working offices, warehouses and storing yards, and service and public-utility facilities, implementation of investment projects, or organization of production and business activities in accordance with law.

13. Economic zone means an area that has delimited geographical boundaries, consists of multiple functional areas, and is established for investment attraction, socio-economic development and national defense and security assurance.

14. Coastal economic zone means an economic zone that is established in a coastal area or an area adjacent to a coastal area.

15. Border-gate economic zone means an economic zone that is established in a land border area and areas adjacent to such land border area.

16. Specialized economic zone means an economic zone that is established in a key economic region, a development corridor, a development dynamic area, or an area of similar role indicated in the relevant regional master plan.

17. Non-tariff area in an economic zone means a non-tariff area that is indicated in the general master plan on construction of economic zones.

18. Industrial land area means part of the land area in an industrial park that is leased or subleased to investors for construction of workshops, working offices, and warehouses and storing yards, implementation of investment projects, or organization of production and business activities; and is indicated in the master plan on construction of industrial parks approved by a competent state agency.

19. Service land area means part of the land area in an industrial park that is leased or subleased to investors for construction of service or public-utility facilities or implementation of investment projects; and is indicated in the master plan on construction of industrial parks approved by a competent state agency.

20. Export processing activities means activities specializing in export production and provision of services for export production and export activities.

21. Export processing enterprise means an enterprise that carries out export processing activities in an export processing zone, industrial park or economic zone.

22. Occupancy rate of an industrial park means percentage (%) of the industrial land and service land area leased or subleased to investors for which/whom the investment policy has been approved or investment registration certificates have been granted or which/who implement projects for construction of workshops, working offices, warehouses and storing yards, and service or public-utility facilities, implementation of investment projects, or organization of production and business activities in accordance with law to the total industrial land and service land area of such industrial park.

23. Service or public-utility facilities for workers in industrial parks and economic zones means public facilities that are classified by their utility in accordance with the law on construction, including facilities for education, training and research activities; healthcare facilities; sports and cultural facilities and parks; commercial facilities; accommodation establishments; service facilities, and other infrastructure facilities that are built to directly serve workers in industrial parks and economic zones.

24. National information system on industrial parks and economic zones as specified at Point dd, Clause 1, Article 71 of the Law on Investment means a professional information system on industrial parks and economic zones developed and operated in accordance with this Decree for sending, receiving, storing and displaying data and performing other data-related operations to serve the state management of industrial parks and economic zones.

25. Industrial cluster in an industrial park means a form of linkage among enterprises in the same industry and related enterprises and organizations operating in such industrial park on the basis of mutual cooperation and competition.

Article 3. Orientations for construction of industrial parks and economic zones

1. Orientations for construction of industrial parks and economic zones constitute a content of a regional master plan as specified at Point d, Clause 2, Article 26 of the Planning Law.

2. Orientations for construction of industrial parks or economic zones cover:

a/ Objectives and orientations for spatial distribution, organization of implementation, and solutions for development of industrial parks and economic zones in a region in the planning period;

b/ Estimated total area and type of industrial parks and economic zones of each province or centrally run city in a region; identification of economic zones of importance and dynamic role to a region’s socio-economic development.

Article 4. Plans on development of the system of industrial parks

1. Plan on development of the system of industrial parks constitutes a content of a provincial master plan as specified at Point d, Clause 2, Article 27 of the Planning Law.

2. Contents of a plan for development of the system of industrial parks :

a/ Objectives, orientations, organization of implementation, and solutions to develop the system of industrial parks in the planning period;

b/ List of industrial parks in a province or centrally run city;

c/ Display of the plan on the planning map.

3. The List of industrial parks in a province or centrally run city must state:

a/ Names of industrial parks;

b/ Areas and expected locations of industrial parks.

4. The making of the List of industrial parks in a province or centrally run city must satisfy the following conditions:

a/ No new industrial parks will be developed in inner areas of special-grade urban centers, centrally run grade-I urban centers or provincially run grade-I urban centers, except industrial parks invested as hi-tech industrial parks or eco-industrial parks;

b/ It is not permitted to use land of special-use forests or land of protection forests (including watershed protection forests, water source protection forests of residential communities, and border protection forests);

c/ Industrial parks must be capable of being connected to technical infrastructure and social infrastructure facilities and attracting human resources and mobilizing other resources for their development;

d/ An industrial park’s land area must account for at least 2% of the total area of industrial parks on the List of industrial parks in a province or centrally run city for construction of houses and service and public-utility facilities for workers in the industrial park;

dd/ Ensuring compliance with regulations on national defense and security assurance, environmental and natural resource protection, disaster prevention and control, protection of dikes and coast protection corridors, use of sea-encroaching land, climate change response, and protection of historical-cultural heritages and natural heritages;

e/ Ensuring conformity with orientations for construction of industrial parks.

5. A plan on development of the system of industrial parks serves as a basis for:

a/ Formulating master plans on construction of industrial parks and expanded industrial parks and master plans on adjustments to the former master plans;

b/ Formulating and adjusting development investment plans for technical infrastructure and social infrastructure systems serving the development of industrial parks and expanded industrial parks.

Article 5. Plans on development of the system of economic zones

1. Plan on development of the system of economic zones constitutes a content of a provincial master plan as specified at Point d, Clause 2, Article 27 of the Planning Law.

2. Contents of a plan on development of the system of economic zones :

a/ Objectives, orientations, organization of implementation, and solutions to develo the system of economic zones in the planning period;

b/ List of economic zones in a province or centrally run city;

c/ Display of the plan on the planning map.

3. The List of economic zones in a province or centrally run city must state:

a/ Names of economic zones;

b/ Areas and projected locations of economic zones.

4. The making of the List of economic zones in a province or centrally run city must satisfy the following conditions:

a/ Locations where economic zones are expected to be established are in areas with potential and advantages of particular importance in terms of natural conditions, natural resources and socio-economic conditions as compared to other areas nationwide so as to attract human resources, mobilize other resources and develop technical infrastructure and social infrastructure systems and production and business activities; are associated with international airports or seaports of grade I or higher grade in case of establishment of coastal economic zones; have international border gates under regulations on management of land border gates in case of establishment of border-gate economic zones; are capable of being connected to regional and international economic corridors, easily accessing international markets, being developed into large-scale industrial-urban-service and innovation centers, and promoting special potential of regions in case of establishment of specialized economic zones;

b/ Having an area of at least 10,000 hectares, for coastal economic zones and border-gate economic zones, or of at least 5,000 hectares, for specialized economic zones, and satisfying requirements on general development of economic zones;

c/ Being capable of attracting large-scale investment projects and works of special importance and with great impacts on socio-economic development of regions;

d/ Exerting no adverse impacts on historical-cultural relics or natural heritages; being compatible with national defense compositions and meeting requirements on assurance of national defense, security, sovereignty and territorial integrity; and being capable of meeting requirements on environmental and natural resource protection, disaster prevention and control, sustainable development, and response to climate change;

dd/ Being conformable with orientations for construction of economic zones.

5. A plan on development of the system of economic zones under a provincial master plan serves as a basis for:

a/ Establishing or expanding economic zones;

b/ Formulating a general master plan on construction of economic zones and a master plan on adjustments to such general master plan;

c/ Formulating or adjusting plans on investment in development of technical infrastructure and social infrastructure systems to serve the development of economic zones.

Chapter II

INVESTMENT IN INFRASTRUCTURE AND ESTABLISHMENT OF INDUSTRIAL PARKS AND ECONOMIC ZONES 

Section 1

INVESTMENT IN INFRASTRUCTURE AND ESTABLISHMENT OF INDUSTRIAL PARKS 

Article 6. Investment in infrastructure and establishment of industrial parks

1. Industrial parks may be invested in as industrial parks, export processing zones, supporting industry parks, specialized industrial parks, eco-industrial parks or hi-tech industrial parks (below collectively referred to as industrial parks).

2. Industrial parks located in economic zones shall be included in general master plans on construction of economic zones to be submitted for approval in accordance with the law on construction. In case of adjustment of an industrial park located in an economic zone, it is required to carry out procedures for adjustment of the general master plan on construction of economic zones in accordance with the law on construction.

3. Conditions, order and procedures for investment in infrastructure and establishment of industrial parks must comply with this Decree and relevant regulations.

4. Conditions, order and procedures for investment in infrastructure and establishment of expanded industrial parks must comply with regulations similar to those applicable to new industrial parks, except the case specified in Clause 8, Article 9 of this Decree.

5. Each industrial park has one or more than one infrastructure owner or investor investing in construction and commercial operation of infrastructure facilities of such industrial park.

6. An industrial park may be identified as having been established from the date a competent authority:

a/ Decides on investment policy for industrial park infrastructure projects using public investment funds in accordance with the law on public investment;

b/ Grants investment policy approval together with investor approval, grants investor approval, or grants investment registration certificates for implementation of projects on construction and commercial operation of industrial-park infrastructure facilities in accordance with the law on investment.

Article 7. Master plans on construction of industrial parks

1. Master plans on construction of industrial parks include general master plans on construction of industrial parks, master plans on zoning for construction of industrial parks, and detailed master plans on construction of industrial parks (if necessary). Master plans on construction of industrial parks shall be formulated, appraised and approved in accordance with the law on construction and this Decree.

2. General master plans on construction of industrial parks and master plans on zoning for construction of industrial parks shall be approved as a basis for:

a/ Formulating detailed master plans on construction of industrial parks (if necessary);

b/ Making prefeasibility study reports for industrial park infrastructure projects using public investment funds in accordance with the law on public investment; or making dossiers of projects on construction and commercial operation of industrial-park infrastructure facilities in accordance with the law on investment;

c/ Deciding on investment policy for industrial park infrastructure projects using public investment funds in accordance with the law on public investment; or approving investment policy for projects on construction and commercial operation of industrial-park infrastructure facilities in accordance with the law on investment.

3. Based on plans on development of systems of industrial parks in provincial master plans, provincial-level People’s Committees shall organize the formulation and approval of tasks and plans of general master plans on construction and master plans on zoning for construction of industrial parks in accordance with the law on construction.

4. Cases in which it is not required to formulate planning tasks:

a/ Formulation of master plans on zoning for construction of industrial parks in areas covered by approved general master plans on construction or approved general master plans on construction of economic zones;

b/ Formulation of detailed master plans on construction of industrial parks in areas covered by approved master plans on zoning for construction;

c/ The cases specified in Clause 5 of this Article.

5. Competent state agencies shall organize the formulation of general master plans on construction or master plans on zoning for construction for the whole planned areas under the law on construction, for industrial parks each occupying a land area of at least 500 hectares, industrial-urban-service areas, industrial parks with multiple infrastructure owners or multiple investors engaged in construction area commercial operation of infrastructure facilities for each industrial park’s sub-area.

In case the industrial parks or industrial-urban-service areas specified in this Clause are included in approved general master plans on urban centers or approved general master plans on construction of economic zones, it is permitted to formulate plans of master plans on zoning for construction of industrial parks without having to formulate planning tasks.

6. Except the formulation of master plans on construction of industrial parks in areas covered by approved general master plans on construction or industrial parks in conformity with approved general master plans on construction of economic zones, provincial-level People’s Committees shall collect written opinions on plans of general master plans on construction or plans of master plans on zoning for construction of industrial parks from:

a/ The Ministry of Planning and Investment and Ministry of Construction, for industrial parks each covering an area of 200 hectares or more;

b/ The Ministry of Transport, for industrial parks connected to national highways;

c/ The Ministry of Culture, Sports and Tourism, for industrial parks contiguous to historical-cultural relics, natural heritage sites or national- or higher-level tourist sites;

d/ The Ministry of Construction, for industrial parks located in grade-II urban centers;

dd/ The Ministry of National Defense and Ministry of Public Security, for industrial parks based on islands or in border communes, wards and townships; coastal communes, wards and townships or other areas exerting impacts on national defense and security in accordance with the law on national defense and security and law on investment.

7. Provincial-level People’s Committees shall decide to adjust locations and areas for formulation of master plans on construction of industrial parks if there is no change in district-level geographical areas in adherence to the following principles:

a/ Adjusting the location and area of an industrial park on the List of industrial parks in a province or centrally run city by no more than 2% and no more than 6 hectares;

b/ For industrial parks other than those mentioned at Point a of this Clause, adjusting the location and area of an industrial park on the List of industrial parks in a province or centrally run city by no more than 10% and no more than 30 hectares after obtaining a written approval of the Ministry of Construction, Ministry of Natural Resources and Environment, and Ministry of Planning and Investment.

8. Provincial-level People’s Committees shall assign investors selected to implement investment projects on construction and commercial operation of industrial-park infrastructure facilities to formulate master plans on zoning for construction of industrial parks (if necessary) in areas covered by approved general master plans on construction of industrial parks.

9. Investors selected to implement investment projects on construction and commercial operation of industrial-park infrastructure facilities shall formulate detailed plans on construction of industrial parks (if necessary).

10. Provincial-level People’s Committees shall approve detailed plans on construction of industrial parks, for industrial parks to be located in two or more district-level administrative units.

11. Provincial-level People’s Committees may authorize management boards of industrial parks or economic zones to decide on the partial adjustment of master plans on zoning for construction of industrial parks; or detailed plans on construction of industrial parks, for industrial parks to be located in two or more district-level administrative units.

12. Service or public-utility facilities shall be planned to be built in service land areas of industrial parks in order to serve workers in such industrial parks. The ratio of the land area for construction of service or public-utility facilities to the total land area of an industrial park must not exceed 10%.

Article 8. Order and procedures for investment in industrial-park infrastructure facilities

1. The order and procedures for deciding on or adjusting investment policy for industrial-park infrastructure projects using public investment funds must comply with the law on public investment and the following provisions:

a/ The prefeasibility study report of an industrial park infrastructure project must have explanations about the satisfaction of the conditions specified in Article 9 of this Decree;

b/ Contents of the appraisal of a prefeasibility study report include contents specified by the law on public investment and the satisfaction of the relevant conditions specified in Article 9 of this Decree.

2. The order and procedures for investment in investment projects on construction and commercial operation of infrastructure facilities of industrial parks, including also industrial parks  located in economic zones other than those mentioned in Clause 1 of this Article, must comply with the law on investment and the following provisions:

a/ An investment project proposal or a prefeasibility study report in a dossier of request for approval of investment policy must have explanations about the satisfaction of the conditions specified in Article 9 of this Decree; or explanations about the satisfaction of the conditions specified in Clause 1, Article 10 of this Decree (for cases of investment policy approval together with investor approval);

b/ Contents of the appraisal for investment policy approval include contents specified by the law on investment and the satisfaction of the relevant conditions specified in Article 9 and Clause 1, Article 10 of this Decree (for cases of investment policy approval together with investor approval).

3. Opinions of the agencies specified in Clause 6, Article 7 of this Decree may continue to be used for appraisal of prefeasibility study reports and appraisal of investment policy under Clauses 1 and 2 of this Article. When deeming it necessary, the consulting agency shall send a dossier of request to such agencies to seek appraisal opinions.

4. For industrial parks subject to investment phasing as specified in Clause 2, Article 9 of this Decree, the order and procedures for investment policy decision, investment policy approval or grant of investment registration certificates shall be carried out for each phase.

For an industrial park using public investment funds or invested in the subsequent phase by the investor of the previous phase, it will be eligible for investment policy decision, investment policy approval or grant of investment registration certificate after the occupancy rate in the previous phase reaches at least 60% or after the infrastructure construction has been completed under the approved master plan on construction of industrial parks. In this case, the previous phase’s investor will be given priority to be selected for investment in the subsequent phase, except cases of auction or bidding for investor selection in accordance with law.

5. For the industrial parks specified in Clause 3, Article 9 of this Decree, it is required to carry out the order and procedures for investment policy decision, investment policy approval or grant of investment registration certificate for each phase and comply with the following provisions:

a/ A project dossier must state the investor’s commitment on progress of attracting investment projects for the implementation of industrial clusters as specified Clause 3, Article 9 of this Decree;

b/ The investment policy decision, investment policy approval decision or investment registration certificate must state the commitment content in the project dossier. The handling of breaches of the commitment shall be based on the commitment content and must comply with the law on investment and other relevant laws;

c/ For an industrial park using public investment funds or invested in the subsequent phase by the investor of the previous phase, it will be eligible for investment policy decision, investment policy approval or grant of investment registration certificate after, in the previous phase, the investor that has obtained investment policy approval or investment registration certificate and implements the investment project has been leased or subleased land for implementation of industrial clusters as specified Clause 3, Article 9 of this Decree and, at the same time, the occupancy rate reaches at least 60%, or after the infrastructure construction has been completed under the approved master plan on construction of industrial parks. In this case, the previous phase’s investor will be given priority to be selected for investment in the subsequent phase, except cases of auction or bidding for investor selection in accordance with law.

Article 9. Conditions for investment in industrial-park infrastructure facilities

1. To receive investment in its infrastructure facilities, an industrial park must satisfy the following conditions:

a/ Being conformable with the relevant regional master plan or provincial master plan;

b/ Being on the List of industrial parks in a province or centrally run city or the approved general master plan on construction of economic zones, for industrial parks located in economic zones;

c/ Being conformable with the approved master plan on construction of industrial parks.

2. Except the case specified in Clause 3 of this Article, industrial parks are subject to investment phasing, specifically as follows:

a/ An industrial park covering a land area exceeding 500 hectares shall be invested in different phases provided that investment in each phase is made for no more than 500 hectares;

b/ An industrial park requiring the repurposing of land for rice cultivation of 2 or more crops on a land area exceeding 200 hectares in the Red River delta region or Mekong River delta region shall be invested in different phases provided that the repurposing in each phase is made for no more than 200 hectares;

c/ An industrial park requiring the repurposing of land for rice cultivation of 2 or more crops on a land area exceeding 150 hectares in the Northern Central Vietnam, Central Coast region or Southeastern region shall be invested in different phases provided that the repurposing in each phase is made for no more than 150 hectares;

d/ An industrial park requiring the repurposing of land for rice cultivation of 2 or more crops on a land area exceeding 100 hectares in the Northern midland and mountainous region or Central Highlands region shall be invested in different phases provided that the repurposing in each phase is made for no more than 100 hectares.

3. For an industrial park attracting investment projects for implementation of industrial clusters with the total investment capital amount of projects in such industrial clusters at least equivalent to USD 2 billion or VND 45 trillion, investment may be made in the initial period on a land area not exceeding 1,000 hectares. In the subsequent phases (if any), Clause 2 of this Article shall apply.

4. It is required to reserve at least 5 hectares of industrial land or at least 5% of the total industrial land area of an industrial park (including also workshops, working offices, warehouses and storing yards) for small- and medium-sized enterprises, supporting industry enterprises, innovative enterprises, investment incentive beneficiaries specified at Points e and g, Clause 2, Article 15 of the Law on Investment, and other enterprises entitled to priority and support in terms of ground areas for production and business activities under regulations on land lease or sublease. The condition specified in this Clause is not required for cases of investment in eco-industrial parks, supporting industry parks, specialized industrial parks or hi-tech industrial parks.

5. Industrial parks must be capable of satisfying conditions for land repurposing in accordance with the land law, law on forestry and other relevant laws.

6. At the time of submitting the prefeasibility study report of an industrial-park infrastructure project in accordance with the law on public investment or submitting a valid dossier of request for approval of investment policy for the investment project on construction and commercial operation of industrial-park infrastructure facilities in accordance with the law on investment, the average occupancy rate of industrial parks established in the province or centrally run city reaches at least 60%, except the following cases:

a/ Investment in infrastructure facilities of the existing industrial park that is subject to operation termination or revocation of investment registration certificate, investment certificate, investment license or paper of equivalent legal validity in accordance with the law on investment or there is a decision on project cancellation in accordance with the law on public investment;

b/ The total land area of industrial parks established in the province or centrally run city does not exceed 1,000 hectares;

c/ The industrial park is located in a district-level geographical area on the List of geographical areas eligible for investment incentives in accordance with the law on investment or in the existing economic zone;

d/ Investment in infrastructure facilities of the industrial park in the form of eco-industrial park, supporting industry park, specialized industrial park or hi-tech industrial park under this Decree;

dd/ The case specified in Clause 8 of this Article.

7. There is a master plan on construction of houses and service and public-utility facilities for workers in the industrial park or cluster of industrial parks as approved by a competent state agency in accordance with the housing law and other relevant laws.

8. Investment in infrastructure facilities of an industrial park expanded from the existing industrial park built by the same investor or using public investment funds must satisfy the following conditions:

a/ The occupancy rate of the existing industrial park has reached at least 60% and environmental protection infrastructure facilities of such industrial park have been built and put into operation in accordance with the law on environmental protection or the infrastructure construction has been completed under the approved master plan on construction of industrial parks;

b/ The expanded industrial park is capable of connecting and sharing technical infrastructure facilities with the existing industrial park;

c/ Houses and service and public-utility facilities for workers in the existing industrial park or cluster of industrial parks have been built and put into use under the approved master plan mentioned in Clause 7 of this Article.

Article 10. Conditions on investors implementing investment projects on construction and commercial operation of industrial-park infrastructure facilities

1. To implement investment projects on construction and commercial operation of industrial-park infrastructure facilities, investors must meet the following conditions:

a/ Conditions for doing real estate business as specified by the law on real estate business;

b/ Conditions for being entitled to the State’s land allocation, land lease or land repurposing for implementation of the projects in accordance with the land law, law on forestry and other relevant laws.

In case the investor implementing an investment project on construction and commercial operation of industrial-park infrastructure facilities is an economic organization expected to be established by the foreign investor in accordance with the law on investment and law on enterprises, the to-be-established economic organization must be capable of satisfying the conditions for being entitled to the State’s land allocation, land lease or land repurposing in accordance with the land law, law on forestry and other relevant laws.

2. In case of application of bidding for investor selection, evaluation criteria for selection of investors for implementing investment projects on construction and commercial operation of industrial park infrastructure facilities include:

a/ Criteria for evaluation of capacity of investors, which are formulated on the basis of the conditions specified in Clause 1 of this Article;

b/ Criteria for evaluation of experience of investors, which are formulated on the basis of the area and implementation progress of investment projects on construction and commercial operation of industrial-park infrastructure facilities or other real estate projects which the investors have implemented or to which the investors have contributed capital to the equity for project implementation, or which the owners, members, or institutional founding-shareholders of investors have implemented or contributed capital to the equity for project implementation;

c/ Criteria for technical valuation, which are formulated on the basis of contents of a competent authority’s decision on approval of the master plan on construction of industrial parks or decision on investment policy approval for investment projects on construction and commercial operation of industrial park infrastructure facilities and relevant regulations;

d/ Criteria for financial-commercial evaluation, which are formulated on the basis of contents of a competent authority’s decision on investment policy approval for investment projects on construction and commercial operation of industrial park infrastructure facilities and relevant regulations concerning selection of investors for implementation of land-using projects.

Article 11. Adjustment of investment projects on construction and commercial operation of industrial-park infrastructure facilities

1. In the course of making investment, investors may adjust their investment projects on construction and commercial operation of industrial park infrastructure facilities.

2. Conditions, order and procedures for adjustment of an investment project on construction and commercial operation of industrial-park infrastructure facilities must comply with the law on investment and the following provisions:

a/ A written request for adjustment of the investment project in accordance with the law on investment must have explanations about satisfaction of the conditions specified in Clause 3 of this Article;

b/ Contents of the appraisal of adjustments to investment policy approval include contents specified by the law on investment and satisfaction of the conditions specified in Clause 3 of this Article (if any).

3. An investment project on construction and commercial operation of infrastructure facilities of an industrial park will be eligible for reduction of its area and not subject to adjustment of the plan on development of the system of industrial parks in accordance with the planning law if falling into one of the following cases:

a/ The compensation and ground clearance work is prolonged, affecting the  investment efficiency and progress of the industrial park;

b/ The master plan on construction of industrial parks is adjusted to reserve part of the land area for development of houses and service and public-utility facilities for workers in the industrial park under Clause 9, Article 77 of the Law on Investment;

c/ The area of the industrial park is reduced to limit environmental pollution, affecting the living environment of the people in surrounding areas;

d/ The relevant master plan is adjusted in accordance with the planning law.

Article 12. Renaming of industrial parks

Provincial-level People’s Committees shall decide on the renaming of industrial parks on lists of industrial parks in provinces or centrally run cities at the proposal of the management boards of industrial parks and economic zones or investors implementing investment projects on construction and commercial operation of industrial-park infrastructure facilities.

Article 13. Transformation of industrial parks into urban-service areas

1. Conditions for transformation of an industrial park into an urban-service area:

a/ The industrial park is conformable with the provincial master plan and urban master plan in the province or centrally run city;

b/ The industrial park is located in the inner area of a special-grade urban center, centrally run grade-I urban center or provincially run grade-I urban center;

c/ The industrial park has operated for at least 15 years counting from the date of its establishment to the time of consideration for the transformation, or has operated for at least half of its operation duration;

d/ The transformation is consented to by the investor implementing the investment project on construction and commercial operation of industrial park infrastructure facilities and more than two-thirds of the number of enterprises in the industrial park to be transformed, except the following cases: The investment project’s operation duration has expired in accordance with the law on investment; the investment project is not eligible for extension of the land lease term in accordance with the land law and civil law; or the investment project has caused serious environmental pollution and is subject to relocation in accordance with the law on environmental protection;

dd/ The industrial park has brought about socio-economic and environmental efficiency.

2. A dossier of request for transformation of an industrial park into an urban-service area must comprise:

a/ A scheme on transformation of the industrial park into an urban-service area, which must have the following contents: legal grounds for and necessity of the transformation; assessment of and explanation about the satisfaction of the conditions specified in Clause 1 of this Article (accompanied with supporting documents); a plan on relocation, compensation and ground clearance, and plan on mobilization of funding sources for implementation of the scheme; and recommendation of specific solutions, mechanisms and policies (if any) and organization of implementation thereof;

b/ The provincial-level People’s Committee’s request for transformation of the industrial park into an urban-service area;

c/ The dossier shall be made in 10 sets, including at least 2 original sets (1 original set to be submitted to the Prime Minister) and 9 sets to be submitted to the Ministry of Planning and Investment for appraisal under Clauses 3 and 4 of this Article.

3. Order and procedures for appraisal of a dossier for transformation of an industrial park into an urban-service area:

a/ Within 3 working days after receiving a complete dossier specified in Clause 2 of this Article, the Ministry of Planning and Investment shall send the dossier to the Ministry of Natural Resources and Environment, Ministry of Construction and related state agencies for seeking the latter’s appraisal opinions;

b/ If finding the dossier not compliant with Clause 2 of this Article, the Ministry of Planning and Investment shall send a notice to the provincial-level People’s Committee for the latter to supplement and modify the dossier. The time for dossier supplementation and modification shall not be included in the time for dossier appraisal;

c/ Within 15 days after receiving the dossier of request for appraisal opinion specified at Point a of this Clause, the consulted agencies shall give their appraisal opinions on contents falling within the scope of their state management and send them to the Ministry of Planning and Investment;

d/ Within 45 days after receiving a complete dossier, the Ministry of Planning and Investment shall appraise the dossier and make an appraisal report having the contents specified in Clause 4 of this Article, and submit it to the Prime Minister for consideration and decision on the transformation.

When necessary, the Ministry of Planning and Investment shall form an appraisal council or organize a meeting with related state agencies and the provincial-level People’s Committee to clarify relevant matters.

4. Contents of the appraisal of transformation of an industrial park into an urban-service area:

a/ Legal grounds for and necessity of the transformation;

b/ Assessment of the satisfaction of the conditions specified in Clause 1 of this Article;

c/ Assessment of feasibility of the plan on relocation, compensation and ground clearance and the plan on mobilization of funding sources for implementation;

d/ Assessment of specific solutions, mechanisms and policies (if any) and organization of implementation thereof.

5. The transformation of an industrial park into an urban-service area mentioned in this Article shall apply to part or the whole of the industrial park’s area.

6. After the Prime Minister decides on transformation of the whole or part of the area of an industrial park into an urban-service area, the owner of the industrial-park infrastructure project and the investor implementing the investment project on construction and commercial operation of industrial-park infrastructure facilities shall carry out procedures for adjustment of the project in accordance with the law on public investment, law and investment and other relevant laws. The selection of investors to implement projects on urban-service areas must comply with the law on investment, bidding law, land law, housing law, law on real estate business, and other relevant laws.

Section 2

ESTABLISHMENT, EXPANSION AND ADJUSTMENT OF BOUNDARIES OF ECONOMIC ZONES

Article 14. Establishment of economic zones

1. Economic zones include coastal economic zones, border-gate economic zones and specialized economic zones (below collectively referred to as economic zones).

2. To be established, an economic zone must satisfy the following conditions:

a/ Being conformable with the relevant regional master plan and provincial master plan; being on the List of economic zones in the province or centrally run city;

b/ Being capable of mobilizing resources for construction of technical infrastructure and social infrastructure systems of the economic zone and for production and business development;

c/ Being capable of bringing about socio-economic efficiency;

d/ Meeting environmental protection conditions in accordance with the law on environmental protection;

dd/ Ensuring national defense and security.

3. Dossiers, order and procedures for establishment of economic zones must comply with Articles 15 and 16 of this Decree.

Article 15. Dossier for establishment of an economic zone

1. The provincial-level People’s Committee’s scheme on establishment of the economic zone, which must have the following contents:

a/ Legal grounds for and necessity of the establishment of the economic zone;

b/ Assessment of practical conditions, geographical location, natural conditions, natural resources, socio-economic conditions, disadvantages and competitive advantages of the area where the economic zone is to be established as compared to other locations nationwide;

c/ Assessment of and explanation about the satisfaction of the conditions for establishment of an economic zone specified in Clause 2, Article 14 of this Decree (accompanied with supporting documents);

d/ Orientations for development of the economic zone, including: development objectives, area, characteristics and functions of the economic zone; sector-based development orientations; orientations for development of space and functional areas in the economic zone; plan on and roadmap for construction and development of the economic zone;

dd/ Recommended solutions and organization of implementation thereof;

e/ Display of the plan on establishment of the economic zone on a map of 1:10,000-1:25,000 scale.

2. The provincial-level People’s Committee’s request for establishment of the economic zone, to be submitted to the Prime Minister.

3. The dossier shall be made in 10 sets, including at least 2 original sets (1 original set to be submitted to the Prime Minister) and 9 sets to be submitted to the Ministry of Planning and Investment for appraisal under Article 16 of this Decree.

Article 16. Order and procedures for establishment of an economic zone

1. Within 3 working days after receiving a complete dossier specified in Article 15 of this Decree, the Ministry of Planning and Investment shall send the dossier to related state agencies for seeking the latter’s appraisal opinions.

2. If finding the dossier not compliant with Article 15 of this Decree, the Ministry of Planning and Investment shall send a notice to the provincial-level People’s Committee for the latter to supplement or modify the dossier. The time for dossier supplementation or modification shall not be included in the time for dossier appraisal.

3. Within 20 days after receiving the dossier of request for appraisal opinion specified in Clause 1 of this Article, the consulted agencies shall give their appraisal opinions on contents falling within the scope of their state management and send them to the Ministry of Planning and Investment.

4. Within 45 days after receiving a complete dossier, the Ministry of Planning and Investment shall make an appraisal report having the contents specified in Clause 5 of this Article, and submit it to the Prime Minister for consideration and decision on the establishment of the economic zone.

When necessary, the Ministry of Planning and Investment shall form an appraisal council or organize a meeting with related state agencies and the provincial-level People’s Committee to clarify relevant matters.

5. Contents of appraisal for establishment of an economic zone:

a/ Legal grounds for and necessity of the establishment of the economic zone;

b/ Assessment of the satisfaction of the conditions for establishment of an economic zone specified in Clause 2, Article 14 of this Decree;

c/ Assessment of orientations for development of the economic zone;

d/ Assessment of solutions and organization of implementation thereof.

Article 17. Expansion of economic zones

1. Expansion of an economic zone means the increase of the area of an existing economic zone in which the expanded zone has boundaries contiguous or adjacent to and can connect and share technical infrastructure facilities with the existing economic zone for increasing its development potential and spillover effects.

2. To be extended, an economic zone must satisfy the following conditions:

a/ The conditions specified in Clause 2, Article 14 of this Decree;

b/ Having completely invested in the whole system of its infrastructure facilities under the approved general master plan on construction of economic zones;

c/ Having at least 70% of the land area of its functional areas already allocated or leased to organizations and individuals for implementation of investment projects.

3. A dossier for expansion of an economic zone must comprise:

a/ A scheme for expansion of the economic zone, which must have the following contents: legal grounds, necessity and contents of expansion of the economic zone; assessment of practical conditions, factors and conditions concerning geographical location, natural conditions, natural resources, socio-economic conditions, disadvantages and comparative advantages of the area where the economic zone will be expanded against other areas nationwide; assessment of and explanation about the possibility to satisfy the conditions specified in Clause 2 of this Article (accompanied with supporting documents); orientations for development of the economic zone after being expanded, such as development objectives, area, characteristics and functions of the economic zone; orientations for development of industries and sectors; orientations for development of space and functional areas within the economic zone; plan on and roadmap for construction and development of the economic zone; recommended solutions and organization of implementation thereof; and display of the plan on expansion of the economic zone on a map of a 1:10,000-1:25,000 scale;

b/ The provincial-level People’s Committee’s request for expansion of the economic zone, to be submitted the Prime Minister;

c/ The dossier shall be made in 10 sets, including at least 2 original sets (1 original set to be submitted to the Prime Minister) and 9 sets to be submitted to the Ministry of Planning and Investment for appraisal under Clauses 4 and 5 of this Article.

4. Order and procedures for expansion of an economic zone:

a/ Within 3 working days after receiving a complete dossier specified in Clause 3 of this Article, the Ministry of Planning and Investment shall send the dossier to related state agencies for seeking the latter’s appraisal opinions;

b/ If finding the dossier not compliant with Clause 3 of this Article, the Ministry of Planning and Investment shall send a notice to the provincial-level People’s Committee for the latter to supplement or modify the dossier. The time for dossier supplementation or modification shall not be included in the time for dossier appraisal;

c/ Within 20 days after receiving the dossier of request for appraisal opinion specified at Point a of this Clause, the consulted agencies shall give their appraisal opinions on the contents falling within the scope of their state management and send them to the Ministry of Planning and Investment;

d/ Within 45 days after receiving a complete dossier, the Ministry of Planning and Investment shall make an appraisal report having the contents specified in Clause 5 of this Article, and submit it to the Prime Minister for consideration and decision on the expansion of the economic zone.

When necessary, the Ministry of Planning and Investment shall form an appraisal council or organize a meeting with related state agencies and the provincial-level People’s Committee to clarify relevant matters.

5. Contents of appraisal for expansion of an economic zone:

a/ Legal grounds for and necessity of the expansion of the economic zone;

b/ Assessment of satisfaction of the conditions specified in Clause 2 of this Article;

c/ Assessment of orientations for development of the economic zone after being expanded;

d/ Assessment of solutions and organization of implementation thereof.

Article 18. Adjustment of boundaries of economic zones

1. Adjustment of boundaries of an economic zone means the adjustment of geographical boundaries of an existing economic zone in the same commune-level geographical area or from a commune-level geographical area to another in the same district-level geographical area, provided that the total area of the economic zone sees a change not exceeding 10% and there is no change in district-level geographical areas.

2. Boundaries of an economic zone shall be adjusted in one of the following cases:

a/ Changes in the relevant national, regional, provincial or another master plan affect orientations for development of the economic zone;

b/ The area of the economic zone is reduced as compared to its area at the time of establishment;

c/ The area of the economic zone is increased by no more than 10% as compared to its area at the time of establishment to ensure development space and spillover effects of the economic zone’s industries and sectors prioritized for development.

Article 19. Dossier for adjustment of boundaries of an economic zone

1. The provincial-level People’s Committee’s scheme on adjustment of boundaries of the economic zone, which must have the following contents:

a/ Legal grounds for, and necessity and contents of, the adjustment of boundaries of the economic zone;

b/ Assessment of the practical construction and development of the economic zone;

c/ Assessment of and explanation about the satisfaction of the conditions specified at Points b, c, d and dd, Clause 2, Article 14, and Article 18, of this Decree (accompanied with supporting documents);

d/ Orientations for development of the economic zone after having its boundaries adjusted, such as development objectives, area, characteristics and functions of the economic zone; orientations for development of industries and sectors; orientations for development of space and functional areas in the economic zone; and plan on and roadmap for construction and development of the economic zone;

dd/ Recommended solutions and organization of implementation thereof;

e/ Display of the plan on adjustment of boundaries of the economic zone on a map of a 1:10,000-1:25,000 scale.

2. The provincial-level People’s Committee’s request for adjustment of boundaries of the economic zone, to be submitted to the Prime Minister.

3. The dossier shall be made in 10 sets, including at least 2 original sets (1 original set to be submitted to the Prime Minister) and 9 sets to be submitted to the Ministry of Planning and Investment for appraisal under Article 20 of this Decree.

Article 20. Order and procedures for adjustment of boundaries of an economic zone

1. Within 3 working days after receiving a complete dossier for adjustment of boundaries of an economic zone as specified in Article 19 of this Decree, the Ministry of Planning and Investment shall send the dossier to related state agencies for seeking the latter’s appraisal opinions.

2. If finding the dossier not compliant with Article 19 of this Decree, the Ministry of Planning and Investment shall send a notice to the provincial-level People’s Committee for the latter to supplement or modify the dossier. The time for dossier supplementation or modification shall not be included in the time for dossier appraisal.

3. Within 15 days after receiving the dossier of request for appraisal opinion, the consulted agencies shall give their appraisal opinions on the contents falling within the scope of their state management and send them to the Ministry of Planning and Investment.

4. Within 40 days after receiving a complete dossier, the Ministry of Planning and Investment shall make an appraisal report having the contents specified in Clause 5 of this Article, and submit it to the Prime Minister for consideration and decision.

When necessary, the Ministry of Planning and Investment shall form an appraisal council or organize a meeting with related state agencies and the provincial-level People’s Committee to clarify relevant matters.

5. Contents of appraisal for the adjustment of boundaries of an economic zone:

a/ Legal grounds for and necessity of the adjustment of boundaries of the economic zone;

b/ Assessment of satisfaction of the conditions specified at Points b, c, d and dd, Clause 2, Article 14, and Article 18, of this Decree;

c/ Assessment of orientations for development of the economic zone after having its boundaries adjusted;

d/ Assessment of solutions and organization of implementation thereof.

Article 21. Competence to establish, expand, and adjust boundaries of, economic zones

1. The Prime Minister may decide to establish, expand, and adjust boundaries of, economic zones.

2. An economic zone may be divided into functional areas. The area, position and characteristics of each functional area shall be determined in the general master plan on construction of economic zones approved by the Prime Minister in accordance with the law on construction.

3. In case the area of an existing economic zone sees a difference not exceeding 1% and not exceeding 200 hectares, the Prime Minister shall approve the general master plan on construction of economic zones without having to adjust boundaries of such economic zone. The area, boundaries and position of economic zones must comply with the general master plan on construction of economic zones approved by the Prime Minister.

Chapter III

POLICIES ON DEVELOPMENT OF INDUSTRIAL PARKS AND ECONOMIC ZONES

Article 22. Investment incentives for industrial parks and economic zones

1. Industrial parks are classified as geographical areas eligible for investment incentives, which are entitled to investment incentives applicable to geographical areas with difficult socio-economic conditions in accordance with the law on investment.

Investment incentives for industrial parks specified in the law on investment apply from the time an industrial park is established.

2. Economic zones are classified as geographical areas eligible for investment incentives, which are entitled to investment incentives applicable to geographical areas with extremely difficult socio-economic conditions in accordance with the law on investment.

Investment incentives for economic zones specified in the law on investment apply from the time an economic zone is established.

3. Specific incentives for investment projects on construction and commercial operation of infrastructure facilities of industrial parks and functional areas in economic zones and investment projects in industrial parks and economic zones must comply with the tax laws, land law, regulations on credit and accounting, and relevant regulations.

4. Expenses for construction, operation or purchase, hire-purchase or hire of houses and service and public-utility facilities for workers in industrial parks and economic zones, technical infrastructure facilities connected with industrial parks and functional areas of investors implementing investment projects on construction and commercial operation of infrastructure facilities of industrial parks and functional areas in economic zones and investors implementing investment projects in industrial parks and economic zones are expense amounts deductible upon the determination of taxable incomes in accordance with the law on enterprise income tax.

5. Investment projects on construction of houses and service and public-utility facilities for workers in industrial parks and economic zones are eligible for incentives under regulations on construction of social houses and other relevant regulations.

6. Investors implementing investment projects in industrial parks and economic zones will be assisted by competent state agencies in carrying out administrative procedures concerning investment, enterprises, land, construction, environment, labor and commerce under the “single-window, on-spot” mechanism, labor recruitment, and other relevant matters in the course of project implementation.

Article 23. Methods of mobilizing funding sources for investment or investment support for construction of infrastructure facilities of industrial parks and economic zones

1. Based on the state budget’s fund-balancing capacity, urgency of facilities, and conformity with relevant master plans, provincial-level People’s Committees may decide on investment or investment support and assign agencies and organizations with management experience and capacity to act as owners of investment projects on construction of technical infrastructure and social infrastructure facilities inside and outside fences of industrial parks, and investment projects on construction of technical infrastructure and social infrastructure facilities in economic zones to serve the operation of industrial parks and economic zones in accordance with the law on public investment.

The pre-acceptance test upon completion and management and use of built facilities must comply with the provisions applicable to state budget-funded projects of the law on public investment and law on management and use of public property, and relevant regulations.

2. The use of development investment funds from the state budget for synchronous development of technical infrastructure and social infrastructure systems inside and outside fences of industrial parks or technical infrastructure and social infrastructure systems in economic zones must comply with the law on public investment, law on the state budget, and other relevant laws.

3. Investment projects on construction of technical infrastructure and social infrastructure facilities which are of large scale and crucial to the development of economic zones may raise capital through the issuance of municipal bonds in accordance with law.

4. Economic zones on the list of key economic zones will be given priority in receiving investment from the state budget and other lawful funding sources for construction of technical infrastructure and social infrastructure facilities in economic zones in accordance with the law on public investment, law on the state budget, and other relevant laws.

5. Criteria for identification of a key economic zone include position, functions and contributions of the economic zone to socio-economic development of the host province or centrally run city and the region; the economic zone’s connectivity to the domestic and international markets; and results of the attraction and implementation of investment projects; and other relevant criteria.

6. Technical infrastructure and social infrastructure facilities and service and public-utility facilities for workers in industrial parks and economic zones may use official development assistance (ODA), concessional loans and technical assistance in other forms in accordance with law.

7. To attract investment capital in the form of public-private partnership in accordance with the law on investment in the form of public-private partnership and other forms for construction of technical infrastructure and social infrastructure facilities inside and outside fences of industrial parks or technical infrastructure and social infrastructure facilities in economic zones.

8. Investment projects on development of technical infrastructure and social infrastructure facilities for shared use in economic zones may raise capital from land development funds in accordance with the land law.

Article 24. Finance for industrial parks and economic zones

1. Domestic and foreign visitors and tourists entering non-tariff areas in economic zones are entitled to tax incentives when buying imported goods and bringing them to the inland in accordance with the tax laws applicable to non-tariff areas in economic zones.

2. Organizations and individuals that record achievements in mobilizing ODA and concessional loans, provide technical assistance in other forms and mobilize investors to implement investment projects in industrial parks and economic zones are entitled to commendations and rewards under regulations promulgated by provincial-level People’s Committees.

Article 25. Temporary residence and sojourn in industrial parks

1. In industrial parks, there are no places of permanent residence as defined by the law on residence.

2. Experts and workers may temporarily reside or sojourn in accommodation establishments in industrial parks to serve production and business activities of enterprises and shall comply with the following provisions:

a/ Vietnamese experts and workers may temporarily reside or sojourn in accordance with the law on residence;

b/ Foreign experts and workers may temporarily reside in accordance with the law on foreigners’ entry into, exit from, transit through, and residence in Vietnam.

3. Accommodation establishments shall be built in service land areas of industrial parks; and must ensure environmentally safe distances in accordance with the law on construction and other relevant laws; ensure security and order and may not affect production and business activities of enterprises in industrial parks.

4. In force majeure cases due to direct impacts of disasters, environmental catastrophes, fires, epidemics, wars, strikes or riots, or other emergency cases, experts and workers may sojourn at enterprises or stay at enterprises in industrial parks according to the following provisions:

a/ Vietnamese experts and workers may sojourn at enterprises in industrial parks in accordance with the law on residence;

b/ Foreign experts and workers may stay at enterprises in industrial parks for less than 30 days and shall make temporary residence declaration in accordance with the law on foreigners’ entry into, exit from, transit through, and residence in Vietnam.

Article 26. Separate provisions applicable to export processing zones and export processing enterprises

1. Dossier, order and procedures for establishment of an export processing enterprise:

a/ In case of establishment of an export processing enterprise simultaneously with carrying out procedures for grant of investment registration certificate, the investor shall submit a written commitment on its/his/her ability to satisfy conditions on customs inspection and supervision in accordance with the law on import duty and export duty together with a dossier of application for an investment registration certificate in accordance with the law on investment. The investment registration agency granting the investment certificate shall write the content on the objective of establishment of the export processing enterprise in the investment registration certificate upon grant of such certificate;

b/ In case of establishment of an export processing enterprise not simultaneously with carrying out procedures for grant of investment registration certificate, the investor shall submit 1 set of dossier to the investment registration agency of the locality where the export processing enterprise will be located. Such dossier must comprise documents on the investment project as specified by the law on investment; and the investor’s written commitment on its/his/her ability to satisfy conditions on customs inspection and supervision in accordance with the law on import duty and export duty. The investment registration agency shall grant a certificate of registration of export processing enterprise to the investor within 3 working days after receiving a complete dossier specified at this Point, for investment projects not subject to grant of investment registration certificates in accordance with the law on investment;

c/ In case the investor’s investment project is subject to investment policy approval in accordance with the law on investment, the investor shall submit a written commitment on its/his/her ability to satisfy conditions on customs inspection and supervision in accordance with the law on import duty and export duty together with a dossier of request for investment policy approval for the investment project in accordance with the law on investment.

The investment registration agency shall grant a certificate of registration of export processing enterprise to the investor within 3 working days after receiving the investment policy approval, for investment projects not subject to grant of investment registration certificates, or write the content on the objective of establishment of the export processing enterprise in the investment registration certificate upon grant of such certificate in accordance with the law on investment.

2. In an industrial park, there may be industrial sub-areas reserved for export processing enterprises. Export processing zones, export processing enterprises and industrial sub-areas reserved for export processing enterprises shall be separated from the outside territory by fences with exit/entry gates and doors to facilitate examination, supervision and control by the customs office and related competent agencies under the provisions applicable to non-tariff areas of the law on import duty and export duty.

3. Export processing enterprises are entitled to investment incentives and tax policies applicable to non-tariff areas from the time the objective of establishment of export processing enterprise is written in the investment registration certificate, modified investment registration certificate or certificate of registration of export processing enterprise granted by the competent investment registration agency. After having completed the construction process, an export processing enterprise shall, before officially commencing its operation, obtain a competent customs office’s certification of the former’s satisfaction of the conditions on customs inspection and supervision in accordance with the law on import duty and export duty. In case the export processing enterprise is refused to get certification of satisfaction of the conditions on customs inspection and supervision, it will not be entitled to tax policies applicable to non-tariff areas. The examination, certification and completion of the conditions on customs inspection and supervision for export processing enterprises must comply with the law on import duty and export duty.

4. The goods exchange between export processing enterprises and other areas in Vietnam’s territory other than non-tariff areas is the import-export relationship, except the cases specified at Point c of this Clause and cases not subject to performance of customs procedures in accordance with the customs law, specifically as follows:

a/ Customs procedures, customs inspection and supervision, and import duty and export duty for imported goods and exported goods at export processing enterprises must comply with regulations applicable to exclusive customs areas and non-tariff areas, except separate regulations applicable to non-tariff areas in economic zones;

b/ For building materials, stationery, foods, foodstuffs and consumer goods from Vietnam’s inland to serve the construction of works, administration of the offices’ apparatuses, and daily-life activities of workers in export processing enterprises, it is not required to comply with regulations on customs procedures, customs inspection and supervision, and import duty and export duty for imported goods and exported goods. Export processing enterprises and goods sellers may choose whether or not to carry out import or export procedures for building materials, stationery, foods, foodstuffs and consumer goods from the Vietnam’s inland;

c/ Export processing enterprises may sell or liquidate into the domestic market used assets and goods in accordance with the law on investment and other relevant laws. At the time of sale or liquidation into the domestic market, the policy on management of imported goods and exported goods will not apply, except goods subject to condition- or criterion-based management for which specialized inspection has not yet been performed upon import; for goods subject to license-based management, a written consent of the import-licensing agency is required.

5. Workers in export processing enterprises are not required to make customs declaration when carrying along foreign currencies from Vietnam’s inland into such enterprises and vice versa.

6. Export processing enterprises may carry out other business activities in accordance with the law on investment, law on enterprises, and other relevant laws, ensuring satisfaction of the following conditions:

a/ Areas for storage of goods to serve export processing activities must be separated from areas for storage of goods to serve other production and business activities;

b/ Revenues and expenditures related to export processing activities and other business activities shall be accounted separately;

c/ It is not permitted to use assets, machinery or equipment eligible for tax incentives applicable to export processing enterprises for other production and business activities. In case of using assets, machinery or equipment eligible for tax incentives applicable to export processing enterprises for other production and business activities, export processing enterprises shall return the tax incentives already enjoyed in accordance with the tax laws.

7. Export processing enterprises may establish their branches in accordance with the law on investment and law on enterprises for carrying out export processing activities. Branches of export processing enterprises are entitled to mechanisms applicable to export processing enterprises specified in this Article if they carry out export processing activities in export processing zones, industrial parks and economic zones and satisfy the conditions specified in Clause 2 of this Article.

8. Export processing enterprises may operate in industrial parks and economic zones and are entitled to mechanisms applicable to export processing enterprises if satisfying the conditions specified in Clause 2 of this Article.

9. Enterprises specialized in production and provision of services for industrial production may operate in export processing zones.

10. In case there are not enough ground areas for arrangement of warehouses for storage of goods to serve export processing activities of export processing enterprises in export processing zones, industrial parks or economic zones, export processing enterprises may hire ground areas outside the industrial parks or economic zones for goods storage if satisfying the conditions specified in Clause 2 of this Article. Goods warehouses outside industrial parks or economic zones may be put into use from the date the competent customs office gives certification of their satisfaction of the conditions on customs inspection and supervision in accordance with the tax laws and customs law.

After 5 working days from the date of obtaining the competent customs office’s permission for putting of a goods warehouse outside the export processing zone, industrial park or economic zone into use, the export processing enterprise shall notify the investment registration agency of the arrangement of such warehouse and adjust the investment project (if any) in accordance with the investment law.

11. Export processing enterprises may sell goods into the domestic market. Goods imported from export processing enterprises or export processing zones into the domestic market are liable to taxes in accordance with the law on import duty and export duty.

12. Only investors and workers in export processing enterprises and persons having working relationships with export processing enterprises may enter and leave export processing enterprises.

Article 27. Rights and obligations of investors implementing investment projects in industrial parks or economic zones and investors implementing investment projects on construction and commercial operation of infrastructure facilities of industrial parks or functional areas in economic zones

1. Apart from the common rights and obligations of investors and enterprises specified in the investment law, enterprise law, this Decree and other relevant laws, investors implementing investment projects in industrial parks or economic zones and investors implementing investment projects on construction and commercial operation of infrastructure facilities of industrial parks or functional areas in economic zones have the following rights and obligations:

a/ To abide by regulations on security, order, assurance of occupational safety and health, construction work quality, environmental protection, and fire and explosion prevention and fighting;

b/ To coordinate with public security forces and competent state agencies in formulating plans on fire and explosion prevention and fighting and assurance of security and social order and safety in the areas;

c/ To report to local investment registration agencies and agencies performing the state management in the field of statistics on the implementation of their investment projects in accordance with the investment law.

2. In addition to those specified in Clause 1 of this Article, investors implementing investment projects on construction and commercial operation of infrastructure facilities of industrial parks or functional areas in economic zones have the following rights and obligations:

a/ To hire, reach agreement and cooperate with other investors to invest in the construction, maintenance, and operation of infrastructure facilities of industrial parks or functional areas in economic zones or share infrastructure facilities inside or outside fences of industrial parks or functional areas in economic zones in accordance with the civil law and other relevant laws;

b/ To register or re-register with Industrial Park and Economic Zone Management Boards sectors and trades calling for investment in supporting industry parks, specialized industrial parks, hi-tech industrial parks, and eco-industrial parks (if any);

c/ For industrial land areas in industrial parks in the cases specified in Clause 4, Article 9 of this Decree, the lease or sublease rate of land on which technical infrastructure facilities have been built plus charges for use of infrastructure facilities must not exceed 70% of the actual land lease or sublease rate plus charges for use of infrastructure facilities at the time of lease or sublease.

3. The investment in construction, maintenance and operation of infrastructure facilities of industrial parks and functional areas in economic zones must meet the following requirements:

a/ Being conformable to approved construction master plans and construction designs;

b/ Ensuring synchronism of infrastructure facilities of industrial parks and functional areas in economic zones;

c/ Ensuring operation of enterprises in industrial parks or functional areas in economic zones.

4. In case the land lease or sublease rate brackets and charges for use of infrastructure facilities increase by more than 10% compared to the rate brackets and charges for use of infrastructure facilities registered with Industrial Park and Economic Zone Management Boards, the following measures shall be taken:

a/ On the basis of assessing the impacts on the local business investment environment, the Industrial Park and Economic Zone Management Boards shall propose investors implementing investment projects on construction and commercial operation of infrastructure facilities of industrial parks or functional areas in economic zones to re-register the land lease or sublease rate brackets and charges for use of infrastructure facilities ahead of schedule and explain about changes in land lease or sublease rate brackets and charges for use of infrastructure works;

b/ When necessary, the Industrial Park and Economic Zone Management Boards shall organize the appraisal of land lease or sublease rate brackets and charges for use of infrastructure facilities registered by investors implementing investment projects on construction and commercial operation of infrastructure facilities of industrial parks or functional areas in economic zones.

5. The lease or sublease of workshops, working offices, warehouses and other works built to serve production and business activities by investors implementing investment projects in industrial parks or economic zones must comply with the land law, real estate business law and other relevant laws.

Article 28. Management, use and handling of public assets formed from the source of state budget funds in industrial parks or functional areas in economic zones

1. The management, use and handling of assets formed from the source of state budget funds in industrial parks or economic zones and determined to be public assets must comply with the law on management and use of public assets.

2. Investors implementing investment projects on construction and commercial operation of infrastructure facilities of industrial parks or functional areas in economic zones that receive support from the state budget for investment in infrastructure facilities or other items in industrial parks or functional areas in economic zones shall maintain and operate such infrastructure facilities or items to serve investment and production and business activities of investors, organizations and individuals operating in industrial parks or functional areas in economic zones.

In this case, investors may not include the value of public assets in the total investment capital of the investment projects on construction and commercial operation of infrastructure facilities of industrial parks or functional areas in economic zones and expenses for calculation of land lease or sublease rates and charges for use of infrastructure facilities to be applied to investment projects in industrial parks or functional areas in economic zones.

3. In case the State recovers state budget amounts provided as support for investment in industrial parks or functional areas in economic zones, investors may include such amounts in the total investment capital of the investment projects on construction and commercial operation of infrastructure facilities of industrial parks or functional areas in economic zones, and land lease and sublease rates and charges for use of infrastructure facilities to be applied to investment projects in industrial parks or functional areas in economic zones.

4. In case of equitization of state enterprises, the handling of assets formed from the source of state budget funds provided as support for investment in industrial parks or functional areas in economic zones must comply with the law on management and use of state capital invested in production and business at enterprises and the equitization law.

5. In case of transfer of investment projects or change of investors in other forms, plans on handling of public assets (if any) shall be approved by a competent authority before procedures for change of investors are carried out in accordance with law.

Article 29. Development of houses and service and public-utility facilities for industrial park and economic zone workers

1. The State encourages organizations and individuals to invest in construction of houses for hire, purchase or hire-purchase by industrial park or economic zone workers; houses and service and public-utility facilities for industrial park and economic zone workers must meet construction standards and technical regulations, standards on area and quality of construction works, and aesthetic, safety and environmental standards as specified by law.

2. People’s Committees of all levels shall create favorable conditions for industrial park and economic zone workers to use medical, educational, social, cultural and sports services in their localities. Provincial-level People’s Committees shall formulate plans on development of houses and service and public-utility facilities for industrial park and economic zone workers in association with plans on development of the system of industrial parks and economic zones in provincial master plans and ensure the availability of land areas for implementation of these plans.

3. Investors implementing investment projects on construction and commercial operation of infrastructure facilities of industrial parks or functional areas in economic zones and investors implementing investment projects in industrial parks or economic zones are encouraged to purchase, hire or hire-purchase houses serving industrial park or economic zone workers or for sale, lease or sublease to industrial park or economic zone workers. 

4. The arrangement of land for construction of houses and service and public-utility facilities for industrial park and economic zone workers must comply with the law on social houses and this Decree.

5. In case land plots for development of houses and service and public-utility facilities for industrial park workers are adjacent to industrial parks, provincial-level People’s Committees shall approve master plans on construction of industrial parks associated with master plans on construction of houses and service and public-utility facilities for industrial park workers.

Article 30. Operation of non-tariff areas in economic zones

Non-tariff areas in economic zones are for trade, investment, production, business and service activities such as temporary import for re-export or temporary export or re-import, transit, border-gate transfer and transshipment of goods; provision of services related to import and export activities; trading in duty-free goods and duty-free discount goods; provision of logistics services; production, processing, recycling, assembly, classification and packaging of goods for import and export and provision of related services, and other goods and service business activities in accordance with law.

Chapter IV

SOME TYPES OF INDUSTRIAL PARKS AND INDUSTRIAL-URBAN-SERVICE AREAS

Section 1

GENERAL PROVISIONS

Article 31. Development of supporting industry parks, specialized industrial parks, eco-industrial parks and hi-tech industrial parks

1. The State encourages and adopts measures to support organizations and individuals to invest in new industrial parks operating as, or convert the whole or part of existing industrial parks into, supporting industry parks, specialized industrial parks, eco-industrial parks or hi-tech industrial parks under this Decree.

2. Investment projects on construction and commercial operation of infrastructure facilities of, and investment projects in, supporting industry parks, specialized industrial parks, eco-industrial parks and hi-tech industrial parks are entitled to geographical area-based and trade/sector-based incentives applicable to investment projects in industrial parks in accordance with the investment law and other relevant laws and assistance from competent state agencies regarding administrative procedures, technical consultancy, investment promotion, and provision of information on investment cooperation in accordance with this Decree.

Section 2

SUPPORTING INDUSTRY PARKS, SPECIALIZED INDUSTRIAL PARKS AND HI-TECH INDUSTRIAL PARKS

Article 32. Policies to encourage the development of supporting industry parks, specialized industrial parks and hi-tech industrial parks

1. For investment projects on construction and commercial operation of infrastructure facilities of supporting industry parks, specialized industrial parks and hi-tech industrial parks, including also supporting industry sub-areas and specialized industrial sub-areas and hi-tech industrial sub-areas:

a/ To be entitled to land rental exemption or reduction in accordance with the land law;

b/ To be given priority to borrow investment credit capital from the State, and lawfully mobilize capital in accordance with the enterprises law, credit law and other relevant laws;

c/ To be included in lists of projects calling for investment.

2. For investment projects on production of supporting industry products and investment projects eligible for investment incentives in accordance with the investment law in supporting industry parks, specialized industrial parks and hi-tech industrial parks:

a/ To be entitled to incentives in terms of enterprise income tax, import duty and export duty and other supports in accordance with the tax laws, law on development of supporting industries, high technology law, and other relevant laws;

b/ For projects on production of products on the list of supporting industry products prioritized for development in accordance with the law on development of supporting industries, to be assisted by competent state agencies in carrying out procedures for certification of eligibility for incentives within 30 days;

c/ To be given priority to participate in human resource training and development programs, programs on support for startups and small- or medium-sized enterprises and other programs implemented by competent state agencies.

3. Investment projects on construction and commercial operation of infrastructure facilities of industrial parks specified in Clause 1 of this Article must satisfy the following conditions:

a/ Investors implementing investment projects on construction and commercial operation of infrastructure facilities of industrial parks shall register sectors and trades calling for investment in supporting industry parks, specialized industrial parks and hi-tech industrial parks;

b/ The ratio of industrial land area for investment projects in sectors and trades calling for investment in industrial parks determined under Point a of this Clause must comply with regulations applicable to each type of industrial park specified in Clauses 3, 4 and 6, Article 2 of this Decree;

c/ Investors make specific commitments on the contents specified at Points a and b of this Clause and specify the type of supporting industry park, specialized industrial park or hi-tech industrial park in dossiers of investment projects on construction and commercial operation of infrastructure facilities of industrial parks.

4. Competent authorities shall specify the type of supporting industry park, specialized industrial park or hi-tech industrial park in investment policy decisions and investment registration certificates in accordance with the investment law for use as a basis for examination, inspection and supervision.

Section 3

INDUSTRIAL-URBAN-SERVICE AREAS

Article 33. Development of industrial-urban-service areas

1. An industrial-urban-service area has industrial, urban and service sub-areas, in which the industrial sub-area plays the core function and the urban-service sub-area has the supporting function, providing services and public and social utilities for the industrial sub-area.

2. The urban-service sub-area includes houses, education, training and research institutions; health facilities; sports and cultural facilities and parks; commercial facilities; service facilities and other structural works.

3. Technical and social infrastructure facilities of industrial-urban-service areas shall be synchronously invested and built to ensure economic, social and environmental efficiency and sustainability.

4. Investment incentives for industrial-urban-service areas must comply with the following principles:

a/ Investors implementing investment projects on construction and commercial operation of infrastructure facilities of industrial-urban-service areas shall conduct independent accounting for production and business activities of functional sub-areas;

b/ Functional sub-areas are entitled to investment incentives in terms of enterprise income tax, import duty and export duty, land rental exemption or reduction and other investment incentives under regulations corresponding to relevant types of functional sub-areas specified in the tax laws, land law and other relevant laws;

c/ Investors conducting production and business activities in industrial sub-areas of industrial-urban-service areas are entitled to investment incentives applicable to industrial parks specified in this Decree and other relevant laws. Investors conducting production and business activities in other functional sub-areas of industrial-urban-service areas are entitled to investment incentives provided by law for each type of functional sub-area.

Article 34. Conditions for investment in an industrial-urban-service area

1. Satisfying the conditions for consideration and approval of investment policy for investment projects on construction and commercial operation of infrastructure facilities of industrial parks in Articles 9 and 10 of this Decree.

2. The area planned for construction of the urban-service sub-area must satisfy the following conditions:

a/ Conforming with the relevant provincial master plan and the master plan on urban areas in the province or centrally run city;

b/ Having an area which meets the demand for public services and utilities in service of the industrial sub-area and does not exceed 1/3 (one-third) of the area of ​​the industrial sub-area.

3. Investment projects calling for investment in the industrial sub-area are not those classified as Level I or II on the List of types of production, business and service activities that are likely to cause environmental pollution in accordance with the environmental protection law.

Article 35. Order and procedures for investment in industrial-urban-service areas

1. The order and procedures for investment in projects on construction and commercial operation of infrastructure facilities of industrial-urban-service areas must comply with the investment law and other relevant laws.

2. In case an investment project on construction and commercial operation of infrastructure facilities of an industrial-urban-service area is implemented under separate projects each designed for a functional sub-area, investors of functional sub-area projects shall comply with the corresponding investment order and procedures applicable to their projects in accordance with the investment law and other relevant laws.

3. Investors implementing investment projects on construction and commercial operation of infrastructure facilities of industrial-urban-service areas for which competent authorities have approved investment policy, decided on investment policy or granted investment registration certificates, investment certificates, investment licenses or papers of equivalent legal validity as specified by the investment law shall be prioritized to be selected as investors to implement projects on investment in urban-service sub-areas in case they are assessed as meeting the capacity and experience requirements in the process of assessment for investor selection.

4. After completing the investment procedures in accordance with the investment law and this Decree, the construction and management of functional sub-areas in industrial-urban-service areas must comply with the regulations applicable to functional sub-areas.

Section 4

ECO-INDUSTRIAL PARKS

Article 36. Policies on support and cooperation in development of eco-industrial parks

1. Provincial-level People’s Committees shall promulgate policies on:

a/ Support for investment in construction, upgrading, renovation or repair of technical and social infrastructure facilities inside and outside fences of existing industrial parks to connect and support enterprises in industrial parks in implementing industrial symbiosis and being converted into eco-industrial parks;

b/ Support for investment in construction of, and attraction of investment in, eco-industrial parks;

c/ Support in terms of science, technique and technology transfer for enterprises in industrial parks to improve managerial and operational processes, renew production technologies to reduce pollution sources, reuse raw materials, materials, water, energy, waste and scraps, and use resources in an efficient manner.

2. Cooperation in construction of eco-industrial parks

a/ Enterprises operating in industrial parks may share technical and social infrastructure facilities, services, raw materials, materials and input elements serving production; reuse raw materials, materials, abundant water and energy, wastes and scraps of their own and of other enterprises in industrial parks so as to reduce costs and improve operational efficiency and competitiveness;

b/ Enterprises operating in industrial parks may cooperate with third parties, including investors implementing investment projects on construction and commercial operation of infrastructure facilities of industrial parks and other enterprises, to implement industrial symbiosis through supplying infrastructure facilities or providing construction and industrial symbiosis support services;

c/ The parties shall reach agreement on the form of cooperation and sharing of benefits and costs in accordance with the civil law.

3. The Industrial Park and Economic Zone Management Board shall assign a public non-business unit directly under the Management Board or an appropriate unit to perform the function of building databases and providing information on efficient use of natural resources and cleaner production; proposing solutions and connecting enterprises to implement industrial symbiosis; providing support services to convert or invest in new eco-industrial parks.

4. Agencies, organizations and investors are encouraged to build databases and provide information on efficient use of natural resources and cleaner production in industrial parks to support and connect enterprises in implementing industrial symbiosis.

5. Industrial Park and Economic Zone Management Boards shall assume the prime responsibility for, and coordinate with related agencies in, building databases and providing information on efficient use of natural resources and cleaner production in their localities in order to certify, monitor, supervise and evaluate the efficiency of eco-industrial parks and eco-enterprises; fully, promptly and accurately updating relevant information to information systems on industrial parks and economic zones in their localities and the national information system on industrial parks and economic zones.

Article 37. Criteria for identification of an eco-industrial park

1. The investor implementing investment projects on construction and commercial operation of infrastructure facilities of the industrial park must meet the following criteria:

a/ Complying with the investment, enterprise, construction, land, environmental protection and labor laws in 3 years prior to the date of registration for certification of eco-industrial park;

b/ Providing adequate basic services in the industrial park as specified by law, including: essential infrastructure services (electricity, water, communication, fire prevention and fighting, wastewater treatment, and other essential infrastructure services) and related services to support enterprises in the industrial park to implement industrial symbiosis;

c/ Developing and implementing a mechanism on coordination in supervision of inputs and outputs with regard to the use of raw materials, materials, water, energy, chemicals, wastes and scraps in the industrial park; making and submitting to Industrial Park and Economic Zone Management Board annual reports on results achieved in efficient use of natural resources, cleaner production and emissions monitoring of the industrial park;

d/ Annually, publicizing a report on environmental protection and discharge of social responsibility toward the surrounding community and sending it to the Industrial Park and Economic Zone Management Board and posting it on the enterprise’s website.

2. Enterprises operating in the industrial park must meet the following criteria:

a/ Complying with the laws on investment, enterprises, construction, land, environmental protection, and labor in 3 years prior to the date of registration for certification of eco-industrial park;

b/ Implementing at least 1 industrial symbiosis and ensuring that enterprises participating in industrial symbios in the industrial park apply the production and environment management system according to appropriate standards of the International Organization for Standardization (ISO);

c/ Ensuring that at least 20% of enterprises operating in the industrial park apply solutions for efficient use of natural resources and cleaner production, resulting in conservation of raw materials, materials, water, energy, chemicals, wastes and scraps and reducing emissions to the environment.

3. The industrial park must meet the following criteria:

a/ The total land area of ​​greenery, roads, technical facilities and shared-use social infrastructure facilities of the industrial park accounts for at least 25% in the industrial park construction master plan approved by a competent state agency under the national technical regulation on construction master plans;

b/ Having solutions to ensure housing, service and public-utility facilities for workers in the industrial park.

Article 38. Construction of new eco-industrial parks

1. The Government promotes investment in new eco-industrial parks through construction master plans, rational designing of functional sub-areas and orientations to attract investment projects in similar industries and trades to support industrial symbiosis.

2. An investment project on construction and commercial operation of infrastructure facilities of an eco-industrial park must meet the following conditions:

a/ The investor implementing the investment project on construction and commercial operation of infrastructure facilities of the eco-industrial park registers industries and trades calling for investment in the industrial park; estimates the emission level for each industry or trade; determines 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, and plan on discharge of social responsibility toward the surrounding community in the project dossier; and commits to meeting the criteria for identification of eco-industrial parks specified in Article 37 of this Decree for 8 years from the time the industrial park is established and clearly defines the implementation roadmap;

b/ The industrial park is identified by a competent authority as an eco-industrial park in the investment policy decision or investment registration certificate in accordance with the investment law, which shall serve as a basis for examination, inspection and monitoring.

Article 39. Incentives for eco-industrial parks and eco-enterprises

1. Investment projects on construction and commercial operation of infrastructure facilities of eco-industrial parks are entitled to the incentive policies specified in Clause 1, Article 32 of this Decree.

2. Investors implementing investment projects on construction and commercial operation of infrastructure facilities of eco-industrial parks and eco-enterprises shall be given with priority to borrow concessional loans from the Vietnam Environment Protection Fund, the Vietnam Development Bank, the Small and Medium Enterprise Development Fund and domestic and international funds and donors; be granted green credit at credit institutions and Vietnam-based foreign bank branches in accordance with the law on environmental protection and other relevant laws; and may issue green bonds in accordance with the bond issuance and environmental protection laws so as to build technical infrastructure facilities of eco-industrial parks, implement cleaner production measures, use natural resources in an efficient manner and implement industrial symbiosis.

3. Investors implementing investment projects on construction and commercial operation of infrastructure facilities of eco-industrial parks and eco-enterprises shall be given priority to participate in technical assistance programs and investment promotion programs organized or managed by state agencies.

4. Enterprises operating in eco-industrial parks shall be given priority to be provided with relevant information about the technology market and possibility of cooperation to implement industrial symbiosis in their production and business activities.

5. Eco-industrial parks and eco-enterprises are entitled to the incentives specified in Clauses 1, 2, 3 and 4 of this Article and other relevant regulations from the time their eco-industrial park or eco-enterprise status is certified by competent state agencies.

Article 40. Certification of eco-industrial park and eco-enterprise status

1. An industrial park that meets the criteria specified in Article 37 of this Decree shall be granted a certificate of eco-industrial park status by the provincial-level People’s Committee.

2. Enterprises operating in eco-industrial parks that participate in the activities and meet the criteria specified in Clause 2, Article 37 of this Decree shall be granted a certificate of eco-enterprise status by the Industrial Park and Economic Zone Management Board.

3. The Ministry of Planning and Investment shall guide forms of the documents specified in Clause 2, Article 41; Clause 2, Article 42; and Clauses 1 and 2, Article 43, and forms of certificate of eco-industrial park status and certificate of eco-enterprise status.

Article 41. Order, procedures and dossiers of registration for certification of eco-industrial park status

1. Investors implementing investment projects on construction and commercial operation of infrastructure facilities of industrial parks shall make 6 dossier sets of registration for certification of eco-industrial park status and send them to the Industrial Park and Economic Zone Management Board.

2. A dossier of registration for certification of eco-industrial park status must comprise:

a/ A written registration for certification of eco-industrial park status;

b/ A report on the operation and investment attraction of the industrial park;

c/ Evaluation and explanation of the ability to meet the criteria for identification of eco-industrial parks as specified in Article 37 of this Decree (enclosed with supporting documents);

d/ Other documents related to the industrial park (if any).

3. Within 3 working days after receiving a complete dossier, the Industrial Park and Economic Zone Management Board shall send the dossier to the Ministries of Planning and Investment; Natural Resources and Environment; Science and Technology; Industry and Trade; and Construction for opinion.

4. Within 15 days after receiving a complete dossier, the consulted agencies shall give their opinions on whether the industrial park meets the criteria for identification of eco-industrial parks specified in Article 37 of this Decree.

5. Within 40 days after receiving a complete dossier, the Industrial Park and Economic Zone Management Board shall organize the evaluation of the dossier and make a report on assessment of the satisfaction of the criteria for identification of eco-industrial parks specified in Article 37 of this Decree.

In the process of assessment, the Industrial Park and Economic Zone Management Board shall consult organizations or units that have relevant functions and tasks and are qualified for provision of the services of consultancy, assessment and certification of efficient use of natural resources and cleaner production in accordance with law.

6. If the assessment results are satisfactory, the Industrial Park and Economic Zone Management Board shall propose the provincial-level People’s Committee to grant a certificate of eco-industrial park status to the investor implementing the investment project on construction and commercial operation of infrastructure facilities of the industrial park.

7. If assessment results are unsatisfactory, within 3 working days after obtaining such results, the Industrial Park and Economic Zone Management Board shall notify in writing thereof to the enterprise, clearly stating the reason.

Article 42. Order, procedures and dossiers of registration for certification of the eco-enterprise status

1. Enterprises operating in eco-industrial parks shall make 5 dossier sets of registration for certification of eco-enterprise status and send them to the Industrial Park and Economic Zone Management Board.

2. A dossier of registration for certification of eco-enterprise status must comprise:

a/ A written registration for certification of eco-enterprise status;

b/ A report on the operation of the enterprise in the eco-industrial park;

c/ Assessment of and explanation about the ability to meet the criteria for identification of eco-enterprises as specified in Clause 2, Article 37 of this Decree (enclosed with supporting documents);

d/ Other documents related to the discharge of environmental and social responsibilities of the enterprise (if any).

3. Within 3 working days after receiving a complete dossier, the Industrial Park and Economic Zone Management Board shall send the dossier to the provincial-level Departments of Natural Resources and Environment; Science and Technology; Industry and Trade; and Construction for opinion.

4. Within 7 working days after receiving a complete dossier, the consulted agencies shall give their opinions on whether the enterprise meets the criteria for identification of eco-enterprises specified in Clause 2, Article 37 of this Decree.

5. Within 20 days after receiving a complete dossier, the Industrial Park and Economic Zone Management Board shall organize the assessment of the dossier and make a report on assessment of the satisfaction of the criteria for identification of eco-enterprises specified in Clause 2, Article 37 of this Decree.

6. If assessment results are satisfactory, the Industrial Park and Economic Zone Management Board shall grant a certificate of the eco-enterprise status to the enterprise.

7. If assessment results are unsatisfactory, within 3 working days after obtaining such results, the Industrial Park and Economic Zone Management Board shall notify in writing thereof the enterprise, clearly stating the reason.

Article 43. Monitoring, supervision and evaluation of the effectiveness of eco-industrial parks and eco-enterprises

1. Annually, investors implementing investment projects on construction and commercial operation of infrastructure facilities of eco-industrial parks shall make reports on the eco-industrial parks and send them to the Industrial Park and Economic Zone Management Boards for monitoring and supervision of the following contents:

a/ The implementation and maintenance of the efficient use of natural resources and cleaner production of enterprises operating in the industrial parks and obtained results;

b/ The implementation of industrial symbiosis, obtained results and enterprises newly participating in the symbiosis (if any);

c/ Results of conservation of raw materials, materials, water, energy, and chemicals and reduction of emissions to the environment obtained by the industrial parks.

2. Annually, eco-enterprises shall make reports on the implementation and maintenance of the efficient use of natural resources and cleaner production; the implementation of industrial symbiosis; results of conservation of raw materials, materials, water, energy and chemicals and reduction of emissions to the environment, and send such reports to investors implementing investment projects on construction and commercial operation of infrastructure facilities of industrial parks and the Industrial Park and Economic Zone Management Boards for monitoring and supervision.

3. Results of monitoring, supervision and evaluation of the effectiveness of eco-industrial parks and eco-enterprises shall serve as a basis for provincial-level People’s Committees and Industrial Park and Economic Zone Management Boards to consider re-granting, revoking or invalidating certificates of eco-industrial park status and certificates of eco-enterprise status.

4. The evaluation of economic, social and environmental effectiveness of eco-industrial parks and eco-enterprises shall be carried out based on information and databases of the national information system on industrial parks and economic zones specified in Clause 3, Article 47 of this Decree.

Article 44. Invalidation and revocation of certificates of eco-industrial park status and certificates of eco-enterprise status

1. A certificate of eco-industrial park status or certificate of eco-enterprise status shall be invalidated and revoked in one of the following cases:

a/ The eco-industrial park or eco-enterprise violates the provisions of the investment, construction, land and environmental protection laws and other relevant laws applicable to industrial parks and enterprises in industrial parks;

b/ The eco-industrial park or eco-enterprise fails to meet the criteria for being identified as an eco-industrial park or eco-enterprise specified in Article 37 of this Decree on the basis of the monitoring and supervision opinions of the Industrial Park and Economic Zone Management Board;

c/ At the written request of the investor implementing the investment project on construction and commercial operation of infrastructure facilities of the eco-industrial park or the eco-enterprise for invalidation of the certificate of eco-industrial park status or certificate of eco-enterprise status.

2. State agencies competent to grant certificates of eco-industrial park status or certificates of eco-enterprise status shall notify in writing investors implementing investment projects on construction and commercial operation of infrastructure facilities of industrial parks, enterprises certified as eco-enterprises and related agencies of the invalidation and revocation of certificates of eco-industrial park status or certificates of eco-enterprise status in the cases specified in Clause 1 of this Article.

Article 45. Re-certification of eco-industrial park or eco-enterprise status

1. The certificate of eco-industrial park status or certificate of the eco-enterprise status shall be re-granted after 5 years in case the industrial park or the enterprise still meets the criteria for identification of eco-industrial parks or eco-enterprises specified in Article 37 of this Decree.

2. Dossiers of registration for re-certification of eco-industrial park and eco-enterprise status must comply with the respective provisions of Clause 2, Article 41 and Clause 2, Article 42 of this Decree.

3. Provincial-level People’s Committees shall re-certify eco-industrial park status on the basis of dossiers of registration for re-certification of eco-industrial park status, annual reports on monitoring and evaluation of the eco-industrial parks, and satisfaction of the criteria for identification of eco-industrial parks at the time of re-certification without having to consult related agencies as specified in Clause 3, Article 41 of this Decree.

Procedures for re-certification of eco-industrial park status must comply with Clauses 5 and 6, Article 41 of this Decree.

4. Industrial Park and Economic Zone Management Boards shall re-certify the eco-enterprise status on the basis of dossiers of registration for re-certification of eco-enterprise status, annual reports on monitoring and evaluation of eco-enterprises, and satisfaction of the criteria for identification of eco-enterprises at the time of re-certification without having to consult related agencies as specified in Clause 3, Article 41 of this Decree.

Procedures for re-certification of the eco-industrial park status must comply with Clauses 5 and 6, Article 42 of this Decree.

Chapter V

THE NATIONAL INFORMATION SYSTEM ON INDUSTRIAL PARKS AND ECONOMIC ZONES

Article 46. Requirements for the national information system on industrial parks and economic zones

The collection, updating, processing, sending, receipt, storage, preservation, management, exploitation, use and publicization of information and databases of the national information system on industrial parks and economic zones must meet the following requirements:

1. Ensuring accuracy, adequacy, timeliness, scientificity, objectivity and perpetuality.

2. Ensuring synchronism and capability to connect and exchange data with other relevant systems.

3. Ensuring that information is regularly updated; and stored and preserved for a long term.

4. Ensuring application of information technology; being systematically managed and ensuring convenient exploitation and use of information and databases to serve the direction, administration and state management by the Government and competent state agencies and meet the demand of agencies, organizations and individuals for information on industrial parks and economic zones.

5. Ensuring publicity of information and assurance of the right of agencies, organizations and individuals to access and use information for proper purposes in accordance with law.

6. Ensuring compliance with regulations on protection of state secrets and intellectual property.

Article 47. Building of the national information system on industrial parks and economic zones

1. The national information system on industrial parks and economic zones shall be built in a centralized and uniform manner under the Ministry of Planning and Investment’s regulations, ensuring connection among related agencies and organizations in the cyber environment to serve the state management and provision of information on industrial parks and economic zones.

2. Information and databases of the national information system on industrial parks and economic zones shall be digitalized and connected to the national investment information system.

3. Information and databases of the national information system on industrial parks and economic zones include:

a/ The group of economic indicators, including those used to assess investment attraction and land use efficiency of industrial parks and economic zones; contributions of industrial parks and economic zones to the socio-economic development and state budget revenues, and other contents;

b/ The group of social indicators, including those used to assess employment, and construction of houses and service and public-utility facilities for workers in industrial parks and economic zones;

c/ The group of environmental indicators, including those used to assess environmental treatment and protection; efficient use of natural resources, cleaner production and industrial symbiosis;

d/ The group of other indicators related to industrial parks and economic zones.

Article 48. Expenses for the national information system on industrial parks and economic zones

1. Expenses for building, upgrading, maintenance, management and operation of the national information system on industrial parks and economic zones shall be covered by recurrent expenditures, development investment expenditures, ODA and concessional loans of foreign donors, funding sources mobilized from the society and other lawful funding sources in accordance with the law on the state budget, law on public investment and relevant laws.

2. Expenses for management, operation and collection of information and databases and updating of information and databases to the national information system on industrial parks and economic zones in the cyber environment shall be covered by recurrent expenditures in accordance with the law on the state budget and other lawful funding sources.

3. Annually, related state management agencies shall formulate state budget expenditure estimates for the activities specified in Clauses 1 and 2 of this Article, and send them to same-level finance agencies for summarization and allocation of estimates in accordance with regulations on delegation of powers for state budget management.

Article 49. Responsibilities of the Ministry of Planning and Investment

To promulgate regulations on contents of information and databases of the national information system on industrial parks and economic zones; to guide the collection, updating, processing, sending, receipt, storage, preservation, management, exploitation, use and publicization of information and databases of the national information system on industrial parks and economic zones as specified in Clause 3, Article 47 of this Decree.

Article 50. Responsibilities of provincial-level People’s Committees

1. To regularly update, store and preserve for a long term information and databases of the national information system on industrial parks and economic zones under their management; to connect, share and provide information and databases under their management to the national information system on industrial parks and economic zones under regulations.

2. To ensure accuracy of information and databases of the national information system on industrial parks and economic zones that they have to provide, update and manage.

3. To ensure safety of granted administrator accounts of the national information system on industrial parks and economic zones.

4. To coordinate with the Ministry of Planning and Investment in ensuring safety, connection, sharing and extraction of information and databases of the national information system on industrial parks and economic zones.

5. To direct Industrial Park and Economic Zone Management Boards to assume the prime responsibility for, and coordinate with related agencies and organizations in:

a/ Organizing the collection, updating, processing, sending, receipt, storage, preservation, management, exploitation, use and publicization of information and databases on industrial parks and economic zones in their localities via the national information system on industrial parks and economic zones, meeting the requirements specified in Article 46 of this Decree and complying with the Ministry of Planning and Investment’s guidance provided in Article 49 of this Decree;

b/ Requesting investors implementing investment projects on construction and commercial operation of infrastructure facilities of industrial parks and functional areas in economic zones and investors implementing investment projects in industrial parks and economic zones to make regular reports on the implementation of their investment projects in accordance with the law on investment, law on enterprises and other relevant laws;

c/ Organizing the collection and updating of information on industrial parks and economic zones in their localities under the Ministry of Planning and Investment’s guidance in the course of building the national information system on industrial parks and economic zones.

Chapter VI

STATE MANAGEMENT OF INDUSTRIAL PARKS AND ECONOMIC ZONES

Article 51. Contents of state management of industrial parks and economic zones

1. Formulating, and directing the implementation of, policies and orientations for construction of industrial parks and economic zones in regional master plans and plans on development of the system of industrial parks and economic zones in provincial master plans.

2. Promulgating, guiding, disseminating, and organizing the implementation of, policies, laws, standards and technical regulations on establishment, investment, construction planning, construction, land, environmental protection, fire and explosion prevention and fighting, development and management of operation of industrial parks and economic zones; building and managing the national information system on industrial parks and economic zones; and organizing the promotion of investment in industrial parks and economic zones.

3. Granting, modifying and revoking investment registration certificates, investment policy decisions, enterprise registration certificates, permits, licenses and certificates; and organizing performance of administrative procedures and provision of support services related to investment, production and business activities of investors, organizations and individuals in industrial parks and economic zones.

4. Organizing the apparatus of, and providing professional training and further training for, state management agencies in charge of industrial parks and economic zones.

5. Carrying out international cooperation in the development of industrial parks and economic zones; guiding, supporting and evaluating investment efficiency; examining, inspecting, supervising, settling complaints and denunciations, offering commendation and rewards, handling violations, and solving problems arising in the course of development of industrial parks and economic zones.

Article 52. Powers and responsibilities for state management of industrial parks and economic zones

1. The Government shall perform the unified state management of industrial parks and economic zones nationwide by assigning specific tasks and delegating powers to each ministry, ministerial-level agency, provincial-level People’s Committee or Industrial Park and Economic Zone Management Board under this Decree; direct the formulation and implementation of orientations for construction of industrial parks and economic zones in regional master plans and plans on development of the system of industrial parks and economic zones in provincial master plans, and promulgate policies and legal documents on industrial parks and economic zones.

2. The Prime Minister has the following powers and responsibilities:

a/ To direct ministries, ministerial-level agencies, provincial-level People’s Committees and Industrial Park and Economic Zone Management Boards in implementing policies and laws on industrial parks and economic zones;

b/ To approve investment policies for investment projects falling under his/her competence; to decide on the establishment, expansion and adjustment of boundaries of economic zones; to approve and adjust general master plans on construction of economic zones;

c/ To direct the solution of problems arising in the course of investment, establishment and management of operation of industrial parks and economic zones which fall beyond the competence of ministries, ministerial-level agencies, provincial-level People’s Committees and Industrial Park and Economic Zone Management Boards.

3. Within the ambit of their respective functions, tasks and powers, ministries, ministerial-level agencies and provincial-level People’s Committees shall:

a/ Perform the state management of industrial parks and economic zones in their sectors, areas or administrative territories;

b/ Guide, provide and implement the delegation of powers and authorization to Industrial Park and Economic Zone Management Boards to perform a number of state management tasks falling under the competence of the former and of specialized agencies in charge of state management of investment sectors and fields, enterprises, construction, labor, industry, trade, natural resources and environment, science and technology, tourism, and other sectors and fields specified in this Decree and relevant regulations.

The provision of this Clause shall be implemented on the basis of working requirements, capacity, conditions and practical development of industrial parks and economic zones in provinces and centrally run cities;

c/ Examine, inspect, supervise, and handle according to their state management competence violations committed by Industrial Park and Economic Zone Management Boards in the performance of tasks and exercise of powers as delegated and authorized under this Decree and other relevant regulations; and investors implementing investment projects in industrial parks and economic zones and investors implementing investment projects on construction and commercial operation of infrastructure facilities of industrial parks and functional areas in economic zones in the observance of this Decree and other relevant regulations.

Article 53. State management powers and responsibilities of the Ministry of Planning and Investment

1. To assume the prime responsibility for assisting the Government in performing the unified state management of industrial parks and economic zones.

2. To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies, provincial-level People’s Committees, Industrial Park and Economic Zone Management Boards and related organizations in:

a/ Formulating legal documents and policies on management and development of industrial parks and economic zones, and submitting them to competent authorities for promulgation, or promulgating them according to its competence;

b/ Guiding the construction of eco-industrial parks, supporting industry parks, specialized industrial parks, hi-tech industrial parks and industrial-urban-service areas;

c/ Organizing the appraisal of dossiers of request for investment policy approval for investment projects subject to investment policy approval by the National Assembly or Prime Minister in accordance with the law on investment; and industrial-park infrastructure projects using public investment funds subject to investment policy decision by the Prime Minister in accordance with the law on public investment;

d/ Formulating, and organizing the implementation of, national plans and programs on promotion of investment in industrial parks and economic zones;

dd/ Building and operating the national information system on industrial parks and economic zones; setting forms of regular reports; providing information on industrial parks and economic zones to related governmental agencies; and guiding the formulation of indicators for evaluation of socio-economic results and efficiency of industrial parks and economic zones;

e/ Drawing up a list of key economic zones and submitting it to the Prime Minister for approval in each period;

g/ Providing professional guidance, training and further training for Industrial Park and Economic Zone Management Boards;

h/ Reviewing and evaluating socio-economic results and efficiency of industrial parks and economic zones.

3. To assume the prime responsibility for, and coordinate with the Ministry of Finance and related ministries and ministerial-level agencies in, formulating a mechanism to mobilize funding sources for investment in the development of infrastructure facilities of industrial parks and economic zones; to propose the use of state budget funds for development investment and other lawful funding sources for investment in the construction of infrastructure facilities of industrial parks or functional areas in economic zones that have specific characteristics and are crucial to the development of sectors and fields, and social infrastructure and technical infrastructure facilities in key economic zones in accordance with the law on public investment, the law on the state budget and other relevant laws.

4. To coordinate with the Ministry of Construction, Ministry of Natural Resources and Environment, Ministry of National Defense, Ministry of Industry and Trade, Ministry of Home Affairs, Ministry of Labor, Invalids and Social Affairs and related ministries and ministerial-level agencies in guiding the delegation of powers and authorization to Industrial Park and Economic Zone Management Boards.

5. To assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in, guiding the implementation of regulations on functions, tasks and organizational structures of Industrial Park and Economic Zone Management Boards.

Article 54. State management powers and responsibilities of the Ministry of Home Affairs

To appraise a scheme on establishment and reorganization of Industrial Park and Economic Zone Management Boards and submit it to the Prime Minister for consideration and decision.

Article 55. State management powers and responsibilities of the Ministry of Finance

To guide the implementation of Clause 4, Article 22 of this Decree.

Article 56. State management powers and responsibilities of the Ministry of Construction

1. To promulgate regulations guiding Industrial Park and Economic Zone Management Boards in performing the state management of master plans on construction of industrial parks and economic zones, construction of technical infrastructure facilities and construction works in industrial parks and economic zones; construction and development of houses and service or public-utility facilities for workers in industrial parks and economic zones; and the urban management and development in industrial-urban-service areas and economic zones.

2. To organize the appraisal of planning tasks and general plans on construction of economic zones, and submit them to the Prime Minister for approval in accordance with the construction law.

Article 57. State management powers and responsibilities of the Ministry of Industry and Trade

1. To perform the state management of industry, import, export and trade activities in industrial parks and economic zones; to direct and set orientations for the development of industries in industrial parks and economic zones in line with the approved region- and territory-based industrial development orientations and strategies.

2. To authorize Industrial Park and Economic Zone Management Boards to grant certificates of origin for goods produced in industrial parks and economic zones when fully satisfying the conditions for such authorization.

3. To guide the grant of licenses and papers of equivalent validity for trade in goods subject to specialized management by the Ministry of Industry and Trade.

4. To guide goods purchase and sale activities and activities directly related to goods purchase and sale by foreign-invested economic organizations and investors having their head offices based in industrial parks and economic zones.

Article 58. State management powers and responsibilities of the Ministry of Natural Resources and Environment

1. To formulate and submit to competent authorities for promulgation or promulgate according to its competence legal documents, technical rules, technical instructions and technical regulations on environment related to environmental protection in industrial parks and economic zones in accordance with the law on environmental protection.

2. To guide the disposal, recycling and reuse of wastes and scraps in eco-industrial parks in accordance with the law on environmental protection.

3. To guide and implement the delegation of powers and authorization for performance of the tasks specified at Point d, Clause 3, Article 68 of this Decree on the basis of considering requests of provincial-level People’s Committees and evaluating capacity of Each Industrial Park and Economic Zone Management Board.

Article 59. State management powers and responsibilities of the Ministry of Science and Technology

To guide Industrial Park and Economic Zone Management Boards in performing the state management of science and technology in industrial parks and economic zones.

Article 60. State management powers and responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. To guide the delegation of powers and authorization to Industrial Park and Economic Zone Management Boards to perform the state management of labor as specified at Point c, Clause 3, Article 68 of this Decree and other relevant regulations.

2. To guide Industrial Park and Economic Zone Management Boards in performing the tasks specified at Point dd, Clause 2, Article 68 of this Decree.

Article 61. State management powers and responsibilities of the Ministry of Public Security

1. To perform the state management of security, order and fire prevention and fighting in industrial parks and economic zones; and foreigners’ entry in, exit from, transit through and residence in industrial parks and economic zones.

2. To coordinate with ministries, ministerial-level agencies and provincial-level People’s Committees in performing the state management of combination of security assurance with socio-economic development.

Article 62. State management powers and responsibilities of the Ministry of National Defense

1. To coordinate with ministries, ministerial-level agencies and provincial-level People’s Committees in performing the state management of combination of national defense assurance with socio-economic development.

2. To coordinate with the Ministry of Public Security, related agencies and provincial-level People’s Committees in guiding, and organizing the implementation of, regulations on foreigners’ entry in, exit from, transit through and residence in industrial parks and economic zones.

3. To direct agencies and units of the Ministry of National Defense in controlling and inspecting the entry in, exit from, transit through and residence in, and certification of temporary residence and handling of violations of persons and vehicles leaving, entering and operating in border-gate economic zones and seaport border gates in economic zones in accordance with law.

Article 63. State management powers and responsibilities of the Ministry of Culture, Sports and Tourism

1. To guide Industrial Park and Economic Zone Management Boards in performing the state management of tourist activities in economic zones.

2. To guide Industrial Park and Economic Zone Management Boards to grant, re-grant, modify, supplement and extend licenses for establishment of representative offices and branches of foreign tour companies in economic zones.

Article 64. State management powers and responsibilities of the Government Inspectorate

To assume the prime responsibility for, and coordinate with related ministries and ministerial-level agencies in, guiding the inspection, settlement of complaints and denunciations, and corruption prevention and control in industrial parks and economic zones in accordance with law.

Article 65. State management powers and responsibilities of ministries and ministerial-level agencies

In addition to the tasks and powers specified in Articles 53 thru 64 of this Decree, ministries and ministerial-level agencies have the following powers and responsibilities for sector-based state management of industrial parks and economic zones:

1. To give their written opinions on investment projects subject to investment policy approval by the National Assembly or Prime Minister, projects in the fields subject to conditional investment and other projects implemented in industrial parks and economic zones in accordance with the law on investment and other relevant laws.

2. To guide the reuse of wastes, scraps, and unused water and energy amount in eco-industrial parks falling under their state management powers and responsibilities.

Article 66. State management powers and responsibilities of provincial-level People’s Committees

1. To assume the prime responsibility for formulating, and directing the implementation of, plans on development of the system of industrial parks and economic zones in provinces and centrally run cities.

2. To formulate and adjust planning tasks and general plans on construction of economic zones; to formulate and approve planning tasks and general plans on construction, master plans on construction zoning, and tasks and plans on overall adjustment of such master plans/plans for industrial parks and functional areas in economic zones; to decide on the use of state budget funds to invest or support investment in technical infrastructure systems inside and outside the fences of industrial parks and economic zones.

3. To direct the performance of investment procedures for investment projects on construction and commercial operation of infrastructure facilities of industrial parks and functional areas in economic zones pending the establishment of Industrial Park and Economic Zone Management Boards in accordance with the law on investment.

4. To promulgate specific preferential and incentive policies in conformity with regulations with regard to prioritized recruitment and employment of local people and highly qualified and skilled workers; to provide job training support for workers in industrial parks and economic zone; to provide conditions and criteria for enterprises and investors to be given priority in renting or sub-renting land areas under Clause 4, Article 9 of this Decree.

5. To plan land areas for the construction of resettlement areas, houses and service or public-utility facilities for workers in industrial parks and economic zones; to invest or support investment in the construction of houses, resettlement areas, technical infrastructure and social infrastructure facilities in accordance with law; to support investment, trade and tourism promotion activities; to support the work of compensation and ground clearance in order to accelerate the investment in and development of industrial parks and economic zones.

6. To direct the recovery of land and water surface areas, compensation, ground clearance and resettlement, and carry out procedures for lease or allocation of land in industrial parks and economic zones in accordance with the land law and other relevant laws.

7. To direct related organizations in formulating and implementing plans on investment in the construction of technical infrastructure and social infrastructure systems outside the fences of industrial parks and functional areas in economic zones, such as roads, power supply systems, water supply and drainage systems, information and communications systems, points of technical connection with infrastructure facilities inside fences of industrial parks and functional areas in economic zones; houses, cultural and sports facilities, medical examination and treatment establishments, vocational training institutions, schools and other public facilities to meet the demand for development of industrial parks and economic zones.

8. To assume the prime responsibility for formulating plans on and allocate funds for investment or support for investment in technical infrastructure systems inside fences of industrial parks or technical infrastructure and social infrastructure systems of economic zones in accordance with the law on public investment, law on the state budget and this Decree.

9. To promulgate, and supervise the implementation of, regulations on coordination between Industrial Park and Economic Zone Management Boards and agencies of provincial-level People’s Committees; to guide and provide the delegation of powers or authorization to Industrial Park and Economic Zone Management Boards to perform a number of tasks of state management in certain fields specified in this Decree.

10. To direct the implementation of regulations on construction, labor, environmental protection, fire and explosion prevention and fighting, food safety, and maintenance of security and order in industrial parks and economic zones.

11. To organize and coordinate with vocational training institutions in their localities in order to meet the labor demand of industrial parks and economic zones.

12. To assume the prime responsibility for, and coordinate with competent state agencies in, examining, inspecting and supervising the solution of problems arising in the course of development of industrial parks and economic zones in accordance with law; for problems falling beyond their competence, to coordinate with ministries and ministerial-level agencies in solving such problems or submitting them to the Prime Minister for consideration and decision.

13. To formulate schemes on establishment or reorganization of Industrial Park and Economic Zone Management Boards to ensure that each province or centrally run city has a sole Industrial Park and Economic Zone Management Board, except cases subject to specific regulations; to decide on the appointment of heads and deputy heads of Industrial Park and Economic Zone Management Boards.

14. To ensure finance, human resources and other necessary conditions for Industrial Park and Economic Zone Management Boards in conformity with the practical development of industrial parks and economic zones; to allocate funds for administrative and non-business activities and development investment capital for Industrial Park and Economic Zone Management Boards in accordance the law on public investment and law on the state budget; to approve plans, allocate funds and organize investment, trade and tourism promotion activities so as to develop industrial parks and economic zones.

15. To direct local specialized agencies in charge of trade, finance, customs, banking and public security and other related agencies to nominate their competent representatives to handle relevant matters in each industrial park or economic zone when necessary.

16. To perform other tasks and exercise other powers of state management of industrial parks and economic zones in accordance with this Decree and relevant regulations.

Chapter V

FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURES OF MANAGEMENT BOARDS OF INDUSTRIAL PARKS, EXPORT PROCESSING ZONES AND ECONOMIC ZONES

Article 67. Functions of Management Boards of Industrial Parks, Export Processing Zones and Economic Zones

1. Management Boards of Industrial Parks, Export Processing Zones and Economic Zones are agencies attached to provincial-level People’s Committees and performing the function of direct state management of industrial parks and economic zones in their provinces or centrally run cities according to this Decree and relevant laws; managing and providing public administrative services and other auxiliary services related to investment, production and business activities for enterprises operating in industrial parks and economic zones.

In this Decree, Management Boards of Industrial Parks, Export Processing Zones and Economic Zones are collectively referred to as Industrial Park and Economic Zone Management Boards, unless there are specific provisions applicable to Economic Zone Management Boards.

2. Industrial Park and Economic Zone Management Boards shall be established under the Prime Minister’s decisions and subject to direction and management of provincial-level People’s Committees regarding organization, payroll, working programs and plans and operating funds; submit to professional direction, instruction and inspection by related line ministries and ministerial-level agencies; closely coordinate with specialized agencies of provincial-level People’s Committees in managing industrial parks and economic zones; perform the tasks of specialized agencies of provincial-level People’s Committees when delegated or authorized; and perform the tasks and powers of specialized agencies of provincial-level People’s Committees under this Decree and relevant laws.

3. Industrial Park and Economic Zone Management Boards have the legal person status, bank accounts, and seals bearing the national emblem, and have their non-business expenditures and development investment funds allocated from the state budget under annual plans and other funding sources as prescribed by competent state agencies.

4. Industrial Park and Economic Zone Management Boards shall perform their tasks and exercise their powers as delegated or authorized by competent state agencies according to under this Decree and other relevant laws.

Article 68. Tasks and powers of Industrial Park and Economic Zone Management Boards

1. To contribute opinions on, formulate and submit to ministries, ministerial-level agencies and provincial-level People’s Committees for approval, and perform, the following tasks:

a/ Giving opinions to ministries, ministerial-level agencies and provincial-level People’s Committees on formulation of legal documents, policies and plans on development of systems related to industrial parks and economic zones;

b/ Assuming the prime responsibility for, and coordinating with related agencies in, formulating Regulations on coordination with specialized agencies of provincial-level People’s Committees and related agencies in performing assigned tasks and powers under the single-window and inter-agency single-window mechanisms for submission to provincial-level People’s Committees for approval;

c/ Assuming the prime responsibility for, and coordinating with related agencies and organizations in, formulating tasks and plans of general master plans and zoning plans on construction of industrial parks, and tasks and plans of master plans on overall adjustment to above-said master plans for submission to provincial-level People’s Committees for approval;

d/ Formulating programs and plans on promotion of investment in development of industrial parks and economic zones for submission to provincial-level People’s Committees for approval;

dd/ Summarizing and evaluating labor demands of industrial parks and economic zones and coordinating with competent state agencies in supplying labor for enterprises in industrial parks and economic zones;

e/ Estimating annual budgets and funds for non-business activities and development investment funds and other funding sources (if any) of Industrial Park and Economic Zone Management Boards for submission to competent state agencies for approval in accordance with the laws on the state budget and public investment, and other relevant laws;

g/ Coordinating with related agencies in appraising technologies of investment projects and assessing technological level and capacity of enterprises; and inspecting and controlling technologies and technology transfer in investment projects, research and development and technology application activities of enterprises.

2. Industrial Park and Economic Zone Management Boards shall perform the following tasks:

a/ Managing, disseminating, guiding, examining, and supervising the implementation of regulations and plans on system development, construction master plans, and plans related to industrial parks and economic zones already approved by competent state agencies;

b/ Performing the tasks of investment registration agencies and management boards of industrial parks, export processing zones and economic zones in accordance with the law on investment with regard to investment projects in industrial parks and economic zones under their management; supervising and evaluating attraction of investment in supporting industry parks, specialized industrial parks, hi-tech industrial parks, and eco-industrial parks for sectors and trades calling for investment registered under Point a, Clause 3, Article 32, and Point a, Clause 2, Article 38, of this Decree; and supervising and evaluating the implementation of Clause 5, Article 8, Clause 3, Article 9, and Point c, Clause 2, Article 27, of this Decree;

c/ Appraising construction projects and designs and cost estimates of construction projects and works in industrial parks and economic zones; examining construction works in their localities which are subject to their management and perform other tasks of specialized agencies  in charge of construction in accordance with the law on construction with regard to construction projects and works in industrial parks and economic zones;

d/ Granting, re-granting, modifying, extending and revoking establishment licenses and terminating operation of representative offices of foreign organizations and traders in industrial parks and economic zones in accordance with the commercial law;

dd/ Granting, re-granting, extending and revoking work permits for foreign workers in industrial parks and economic zones and certifying foreign workers’ eligibility for exemption from work permit.

Performing a number of tasks and powers of specialized agencies in charge of labor under provincial-level People’s Committees with regard to industrial park and economic zone workers, including organizing the registration of working rules; making employment reports and receiving  reports on employment of foreign workers and reports on employment-related changes via the National Public Service Portal; receiving and processing dossiers of registration of performance of internship contracts and sending of workers abroad to work under internship contracts for less than 90 days from enterprises in industrial parks and economic zones; receiving reports on labor lease and results of annual training and further training to raise occupational qualifications and skills; and notifying of arrangement of overwork of between over 200 hours and 300 hours in a year of enterprises in industrial parks and economic zones;

e/ Performing environmental protection responsibility of Management Boards of Industrial Parks, Export Processing Zones and Hi-Tech Parks in accordance with the law on environmental protection;

g/ Receiving registrations for lease rate brackets and charge rates for use of infrastructure facilities of investors implementing investment projects on construction and commercial operation of infrastructure facilities of industrial parks and functional areas in economic zones;

h/ Examining, supervising and evaluating the achievement of investment objectives stated in investment policy approval decisions and investment registration certificates, the progress of capital contribution and implementation of investment projects; and the realization of the commitments by projects enjoying investment incentives and the observance of the laws on construction, labor, wage and social insurance toward workers, protection of lawful interests of workers and employers, assurance of occupational safety and health, fire and explosion prevention and fighting, security and order maintenance, and environmental protection by projects in industrial parks and economic zones;

i/ Coordinating with public security units and other competent agencies and units in inspecting the maintenance of security and order, fire and explosion prevention and fighting, and environmental protection, and formulating and proposing measures for maintaining public security and order; organizing security forces and fire prevention and fighting forces in industrial parks and economic zones;

k/ Solving problems and difficulties facing investors in industrial parks and economic zones, and proposing the Prime Minister, related ministries, ministerial-level agencies and provincial-level People’s Committees in solving problems falling beyond their competence;

l/ Receiving statistical reports and financial statements of enterprises operating in industrial parks and economic zones; evaluating the socio-economic efficiency of industrial parks and economic zones; and directly managing and operating information systems on industrial parks and economic zones;

m/ Coordinating with the Ministry of Planning and Investment in building and managing the national information system on industrial parks and economic zones under their management;

n/ Quarterly and annually reporting to the Ministry of Planning and Investment and provincial-level People’s Committees on the construction and development of industrial parks and economic zones; receipt, grant, modification and revocation of investment registration certificates and investment policy approval decisions; operation of investment projects; performance of obligations toward the State; and implementation of the labor law and environmental protection measures in industrial parks and economic zones;

o/ Supporting and providing information for enterprises operating in industrial parks and economic zones to coordinate with one another in implementing industrial symbiosis, applying cleaner production methods and conversion into eco-industrial parks;

p/ Organizing emulation movements and commendation and reward for enterprises in industrial parks and economic zones;

q/ Examining, settling complaints and denunciations, preventing and fighting corruption, waste, negative practices, and handling according to their competence, or proposing competent authorities to handle, administrative violations committed in industrial parks and economic zones in the fields under their direct state management; and coordinating with competent state agencies in performing inspection and examination tasks in accordance with law;

r/ Performing tasks as prescribed law and provincial-level People’s Committees regarding management of allocated finances, assets and budget funds; collection and management of the use of, charges and fees; scientific research and application of scientific and technological advances; cooperation with domestic and foreign organizations and individuals in the fields related to construction investment and development of industrial parks and economic zones; management of the organizational apparatus, payrolls, civil servants and public employees, and provision of professional training for their civil servants and public employees;

s/ Acting as the focal points in assisting provincial-level People’s Committees in formulating plans on, managing and supporting, the transformation into and development of industrial parks and economic zones of new types;

t/ Performing other tasks and exercising other powers as prescribed in this Decree and other relevant laws, and assigned by provincial-level People’s Committees.

3. Ministries, ministerial-level agencies, provincial-level People’s Committees and competent agencies shall delegate powers to and authorize Industrial Park and Economic Zone Management Boards to perform the following tasks:

a/ To grant certificates of origin for goods manufactured in industrial parks and economic zones, and other licenses, certificates and certifications in industrial parks and economic zones;

b/ To adjust part of approved master plans on construction of industrial parks and functional areas in economic zones; to approve tasks and detailed plans on construction of investment projects in industrial parks and functional areas in economic zones for which detailed construction plans are required in accordance with the law on construction; to grant, modify, extend, re-grant, revoke and invalidate construction permits for construction projects and works requiring construction permits in accordance with the law on construction; to perform quality management of projects and works in industrial parks and economic zones;

c/ To receive reports on mass dismissal; to receive explanatory reports of enterprises in industrial parks and economic zones on the demand for foreign workers for each position which Vietnamese cannot fill in;

d/ To appraise and approve appraisal results of environmental impact assessment reports; to grant, renew, modify, re-grant, and revoke environmental licenses of investment projects in industrial parks and economic zones. 

4. Industrial Park and Economic Zone Management Boards shall act as the focal agencies managing investment activities in industrial parks and economic zones in their localities. Ministries, ministerial-level agencies and state management agencies in localities shall, when performing professional tasks in industrial parks and economic zones, coordinate with and consult Industrial Park and Economic Zone Management Boards so as to ensure that state management activities are carried out in a coordinated manner in industrial parks and economic zones, avoiding overlaps and creating favorable conditions for enterprises to operate in accordance with law.

Article 69. Tasks and powers of Economic Zone Management Boards

In addition to the tasks and powers of Industrial Park and Economic Zone Management Boards specified in Article 68 of this Decree, an Economic Zone Management Board has the following tasks and powers:

1. To formulate and submit to the provincial-level People’s Committee for submission to competent authorities for approval:

a/ Schemes on expansion and adjustment of the economic zone’s boundaries;

b/ Tasks and plans of general master plans on construction of the economic zone and adjustments thereto;

c/ Schemes on issuance of municipal bonds; plans on mobilization of capital from other sources for investment in development of the system of key technical and social infrastructure facilities in the economic zone.

2. To formulate and submit to ministries, ministerial-level agencies and the provincial-level People’s Committee for approval and organize the implementation of:

a/ Master plans and plans on use of land in the economic zone and adjustments thereto, in coordination with related agencies and organizations;

b/ Tasks and plans of zoning plans for construction of functional areas in the economic zone and tasks and plans of master plans on adjustment of such zoning plans in conformity with the approved general master plan on construction of the economic zone, for submission to the provincial-level People’s Committee for approval;

c/ Annual and 5-year plans on development of the economic zone, for submission to the provincial-level People’s Committee and competent state agencies for approval;

d/ A list of investment projects and annual and 5-year development investment capital plans, for submission to competent state agencies for approcal or self-approval according to its competence;

dd/ Lease rate brackets and charge and fee rates to be applied in the economic zone, for issuance by competent state agencies in accordance with law.

3. An Economic Zone Management Board shall direct or organize the performance of the following tasks:

a/ Granting, re-granting, modifying, supplementing and extending licenses for establishment of representative offices and branches of foreign tourism businesses in the economic zone in accordance with law and under the guidance or authorization of ministries, ministerial-level agencies and the provincial-level People’s Committee;

b/ Hiring domestic and foreign consultants to provide investment promotion consultancy and consultancy on the strategy on investment in construction and development of the economic zone;

c/ Deciding on investment in group-B or group-C projects using public investment funds which are implemented in the industrial park or economic zone as authorized by the provincial-level People’s Committee chairperson; managing ODA and foreign concessional loans in the industrial park and economic zone as assigned by the provincial-level People’s Committee;

d/ Proposing a list of projects, organizing investor selection, and signing contracts with investors in accordance with law and authorization of the provincial-level People’s Committee;

dd/ Managing and using funds for investment in development of the economic zone falling under its competence; managing investment in construction of and bidding for investment projects in the economic zone which are funded with development investment funds from the state budget and fall under its competence; managing administrative and non-business revenues and expenditures, funds for target programs and other funding sources assigned to it in accordance with law;

e/ Assuming the prime responsibility for, and coordinating with related agencies in, conducting regular repair and maintenance of technical and social infrastructure systems, service and public-utility facilities invested with state budget funds in the economic zone;

g/ Performing the environmental protection responsibility of Economic Zone Management Boards in accordance with the law on environmental protection;

h/ Upon the completion of compensation and ground clearance work, managing and effectively using the special-use land and water surface areas assigned to it for proper purposes and in conformity with the general master plan on construction of the economic zone, the master plan on zoning for construction of functional areas, and the land use master plan and plan approved by competent authorities;

i/ Determining land use levies, land and water surface rentals for investors allocated land or leased land by the State to implement investment projects in the economic zone; determining compensation amounts for ground clearance that are deducted into land use levies and land and water surface rentals in the economic zone in accordance with the law on collection of land use levies, and land and water surface rentals in economic zones;

k/ Coordinating with organizations conducting compensation and ground clearance to carry out compensation, support and resettlement work; sub-allocating land areas with/without land use levies, and leasing land to those wishing to use land in functional areas in the economic zone; and performing other tasks on management of land in the economic zone in accordance with the land law;

k/ Coordinating with local administrations and related agencies in ensuring that all activities in the economic zone are carried out in compliance with the master plan and plan on construction and development of the economic zone already approved by competent state agencies and with relevant regulations.

Article 70. Organizational structures and payrolls of Industrial Park and Economic Zone Management Boards                                                    

1. An Industrial Park and Economic Zone Management Board shall be composed of a head, at most 3 deputy heads and an assisting apparatus.

The head shall be appointed and dismissed by the provincial-level People’s Committee chairperson. Deputy heads shall be appointed and dismissed by the provincial-level People’s Committee chairperson at the proposal of the head.

2. The head shall administer all activities of the Management Board and take responsibility before the provincial-level People’s Committee and provincial-level People’s Committee chairperson and before law for the operation of industrial parks or economic zones.

3. The organizational structure of an Industrial Park and Economic Zone Management Board consists of an assisting apparatus (the office, professional divisions and a representative of the Management Board in the industrial park or economic zone); attached non-business units performing public and public-utility tasks, providing investment or business support services for enterprises operating in industrial parks and economic zones and other organizations in conformity with the development of industrial parks and economic zones as well as tasks and powers of each type of the management board as guided by competent state agencies and specified by law.

4. The formation of an assisting apparatus must satisfy the following conditions and criteria:

a/ A division shall take charge of multiple sectors and fields; for each sector or field, it is required to work out specific management processes or identify specific management subjects in conformity with the tasks and powers of the Industrial Park and Economic Zone Management Board;

b/ The workload requires a payroll of at least 7 civil servants, for divisions of Industrial Park and Economic Zone Management Boards of Hanoi and Ho Chi Minh City; at least 6 civil servants, for divisions of Industrial Park and Economic Zone Management Boards of grade-I provinces; or at least 5 civil servants, for divisions of Industrial Park and Economic Zone Management Boards of grade-II and grade-III provinces;

c/ It is permitted to appoint a deputy head for divisions of Industrial Park and Economic Zone Management Boards of Hanoi and Ho Chi Minh City, which have a payroll of less than 10 civil servants; divisions of Industrial Park and Economic Zone Management Boards of grade-I provinces, which have a payroll of less than 9 civil servants, and divisions of Industrial Park and Economic Zone Management Boards of grade-II and grade-III provinces, which have a payroll of less than 8 civil servants;

d/ It is permitted to appoint at most 2 deputy heads for divisions of Industrial Park and Economic Zone Management Boards of Hanoi and Ho Chi Minh City, which have a payroll of between 10 civil servants and 14 civil servants, divisions of Industrial Park and Economic Zone Management Boards of grade-I provinces, which have a payroll of between 9 civil servants and 14 civil servants, and divisions of Industrial Park and Economic Zone Management Boards of grade-II and grade-III provinces, which have a payroll of between 8 civil servants and 14 civil servants;

dd/ The number of deputy heads of the office of an Industrial Park and Economic Zone Management Board and its representative office in an industrial park shall be the same as those of its professional divisions.

5. The establishment and organizational apparatuses of public non-business units under an Industrial Park and Economic Zone Management Board must comply with the law on establishment, reorganization and dissolution of public non-business units. Civil servant payrolls and the number of employees of public non-business units under an Industrial Park and Economic Zone Management Board shall be assigned on the basis of working positions as well as their functions, tasks and scope of operation and incorporated in the total civil servant payrolls and number of employees of agencies, administrative organizations and public non-business units of provincial-level People’s Committees assigned or approved by competent state agencies.

Chapter III

IMPLEMENTATION PROVISIONS

Article 71. To supplement the Government’s Decree No. 31/2021/ND-CP of March 26, 2021, detailing and guiding a number of articles of the Law on Investment, as follows:

To add Clause 1a below Clause 1, Article 131 as follows:

“1a. Appendices II and III of this Decree take effect on January 1, 2021.”

Article 72. To supplement the Government’s Decree No. 152/2020/ND-CP of December 30, 2020, on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam, as follows:

To add Clause 6a below Clause 6, Article 30 as follows:

“6a. For workers in industrial parks, economic zones, Industrial Park and Economic Zone Management Boards have the following responsibilities:

a/ Granting, re-granting, extending and revoking work permits to/from foreigners and certifying foreign workers’ eligibility for exemption from work permit for working in industrial parks and economic zones;

b/ Organizing registration of working rules;

c/ Receiving annual reports on results training and further training to raise occupational qualifications and skills;

d/ Receiving enterprises’ notices of arrangement of overtime work of between over 200 hours and 300 hours in a year.”

Article 73. To amend and supplement the Government’s Decree No. 145/2020/ND-CP of December 14, 2020, detailing and guiding the implementation of a number of articles of the Labor Code regarding working conditions and industrial relations, as follows:

1. To amend and supplement Clause 2, Article 4 as follows:

“Biannually (before June 5) and annually (before December 5), employers shall send reports on employment-related changes, made according to Form No. 01/PLI provided in Appendix I to this Decree, to provincial-level Departments of Labor, Invalids and Social Affairs via the National Public Service Portal, and notify such to district-level social insurance agencies of localities where their head offices, branches and representative offices are located. If unable to send reports on employment-related changes via the National Public Service Portal, employers shall send paper reports, made according to Form No. 01/PLI provided in Appendix I to this Decree, to provincial-level Departments of Labor, Invalids and Social Affairs, and notify such to district-level social insurance agencies of localities where their head offices, branches and representative offices are located. For workers in industrial parks and economic zones, employers shall report on employment-related changes to provincial-level Departments of Labor, Invalids and Social Affairs via the National Public Service Portal, district-level social insurance agencies of localities where their head offices, branches and representative offices are located, and the Industrial Park and Economic Zone Management Boards for monitoring.

Provincial-level Departments of Labor, Invalids and Social Affairs shall summarize information on employment-related changes, in case employers send paper reports, for fully updating information in the reports made according to Form No. 02/PLI provided in Appendix I to this Decree.”

2. To amend and supplement Clause 2, Article 31 as follows:

“To send biannual reports and annual reports on labor lease activities, made according to Form No. 09/PLIII provided in Appendix III to this Decree, to provincial-level People’s Committee chairpersons, provincial-level Departments of Labor, Invalids and Social Affairs, and Industrial Park and Economic Zone Management Boards of localities where their head offices are located; and at the same time, to report on labor lease activities to provincial-level Departments of Labor, Invalids and Social Affairs and Industrial Park and Economic Zone Management Boards of localities where they carry out labor lease activities, in case such activities are carried out in provinces or centrally run cities where their head offices are not located. Biannual and annual reports must be sent before June 20 and December 20, respectively.”

Article 74. Transitional provisions

1. For industrial parks and economic zones for which investment, establishment and transformation procedures have been completed in accordance with relevant law before this Decree takes effect, it is not required to carry out the investment, establishment and transformation procedures under this Decree.

2. In case ministries and ministerial-level agencies  have issued guidance on, or provided for, the contents specified in this Decree in other related legal documents on investment, enterprises, construction, labor, industry, trade, resources and environment, science and technology, tourism, and taxation, it is not required to issue documents to guide the implementation of such contents under this Decree, unless such guiding documents do not conform with this Decree.  

3. In case regional or provincial master plans have not been decided or approved in accordance with the Planning Law:

a/ The adjustment and supplementation of master plans on development of industrial parks and economic zones must continue to comply with the National Assembly Standing Committee’s Resolution No. 751/2019/UBTVQH14 of August 16, 2019, on explanation of a number of articles of the Planning Law, and Clause 11, Article 2; Article 3; Clause 1, Article 4; Articles 5 thru Article 10; Clauses 1 and 2, Article 11; Article 14; Clause 1, Article 15; Article 16, Article 17, and Article 18, of the Government’s Decree No. 82/2018/ND-CP of May 22, 2018, prescribing the management of industrial parks and economic zones;

b/ The assessment of the conformity of investment projects on construction and commercial operation of infrastructure facilities of industrial parks and expanded industrial parks with regional and provincial master plans must comply with the Government’s decree detailing and guiding a number of article of the Law on Investment.

4. For investment projects on construction and commercial operation of infrastructure facilities of industrial parks of which the valid dossiers have been received before the effective date of this Decree but the investment projects have not yet obtained investment policy decisions, investment policy approval or investment registration certificates (for projects requiring investment registration certificates):

a/ Competent state agencies shall continue to comply with the Government’s Decree No. 82/2018/ND-CP of May 22, 2018, prescribing the management of industrial parks and economic zones, to appraise, decide on and approve investment policy and grant  investment registration certificates for the projects, unless investors request them to comply with this Decree;

b/ Competent state agencies may continue using the opinions and contents which have already been appraised for making appraisal reports, investment policy decisions and investment policy approval, and grant of investment registration certificates;

c/ Industrial parks each of a land area exceeding 500 ha must comply with Points a and b of this Clause, Clauses 4 and 5, Article 8, and Point a, Clause 2 and Clause 3, Article 9, of this Decree.

5. Industrial parks which have obtained investment policy approval, investment policy decisions or investment registration certificates, investment certificates, investment licenses or papers of equivalent validity granted by competent authorities under the law on investment before the effective date of this Decree shall be considered having been established under relevant laws at the time the investment policy approval or decisions is/are issued, or the investment registration certificate, investment certificate, investment license or another paper of equivalent validity is granted.

Industrial parks which are required to carry out procedures for establishment under the Government’s Decree No. 82/2018/ND-CP of May 22, 2018, prescribing the management of industrial parks and economic zones, but have not completed such procedures, are no longer required to carry out establishment procedures under Decree No. 82/2018/ND-CP.

Article 75. Effect

1. This Decree takes effect on July 15, 2022.

2. The Government’s Decree No. 82/2018/ND-CP of May 22, 2018, prescribing the management of industrial parks and economic zones, ceases to be effective on the effective date of this Decree, except the cases specified at Point a, Clause 3, and Clause 4, Article 74 of this Decree.

Article 76. Organization of implementation

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, heads of Management Boards of industrial parks, export processing zones and economic zones, and related organizations and individuals shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
LE VAN THANH