Joint Circular No. 31/2012/TTLT-BCT-BKHDT dated October 10, 2012 of the Ministry of Industry and Trade and the Ministry of Planning and Investment guiding the handling of industrial complexes formed before the effective date of the Regulation on management of industrial complexes promulgated together with the Prime Minister’s Decision No. 105/2009/QD-TTg of August 19, 2009

THE MINISTRY OF INDUSTRY AND TRADE - THE MINISTRY OF PLANNING AND INVESTMENT

Joint Circular No. 31/2012/TTLT-BCT-BKHDT of October 10, 2012, guiding the handling of industrial complexes formed before the effective date of the Regulation on management of industrial complexes promulgated together with the Prime Minister’s Decision No. 105/2009/QD-TTg of August 19, 2009

Pursuant to the Government’s Decree No. 189/2007/ND-CP of December 27, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government’s Decree No. 44/2011/ND-CP of June 14, 2011, amending and supplementing Article 3 of the Government’s Decree No. 189/2007/ND-CP of December 27, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government’s Decree No. 116/2008/ND-CP of November 14, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

Pursuant to the Prime Minister’s Decision No. 105/2009/QD-TTg of August 19, 2009, promulgating the Regulation on management of industrial complexes;

In furtherance of the Prime Minister’s Directive No. 07/CT-TTg of March 2, 2012, on rectifying the management and enhancing operation effectiveness of economic zones, industrial parks and industrial complexes,

The Ministry of Industry and Trade and the Ministry of Planning and Investment jointly guide the handling of industrial complexes formed before the effective date of the Regulation on management of industrial complexes promulgated together with the Prime Minister’s Decision No. 105/2009/QD-TTg of August 19, 2009.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular guides the handling of industrial complexes formed before the effective date of the Regulation on management of industrial complexes (below referred to as the Regulation) promulgated together with the Prime Minister’s Decision No. 105/2009/QD-TTg of August 19, 2008.

Industrial complexes the transformation of which has been decided by provincial-level People’s Committees under the guidance in Clauses 1, 2 and 3, Article 13 of the Ministry of Industry and Trade’s Circular No. 39/2009/TT-BCT of December 28, 2009, providing the implementation of some contents of the Regulation on management of industrial complexes and for which establishment decisions have been issued are not handled under this Circular.

Article 2. Subjects of application

1. Enterprises, organizations and individuals that invest in the construction and commercial operation of infrastructure or conduct production, business and service activities in industrial complexes.

2. State management agencies and other organizations engaged in the management and operation of industrial complexes.

Chapter II

SPECIFIC PROVISIONS

Article 3. Identification of industrial complexes formed before the effective date of the Regulation

Industrial complexes formed before the effective date of the Regulation include:

1. Industrial complexes for which infrastructure construction investment projects were approved by competent authorities before October 5, 2009;

2. Industrial complexes for which detailed construction plans were approved before October 5, 2009, but infrastructure construction investment projects have not yet been approved;

3. Industrial complexes other than those specified at Clause 1 or 2 of this Article but included in local master plans on development of industrial complexes or master plans on industrial development, with investment projects carried out before October 5, 2009.

Article 4. Making of lists of industrial complexes formed before the effective date of the Regulation

In pursuance to Article 3 of this Circular, provincial-level Industry and Trade Departments shall assume the prime responsibility for, and coordinate with provincial-level departments and sectors and related district-level People’s Committees in, reviewing and making lists of industrial complexes formed before the effective date of the Regulation for submission to provincial-level People’s Committees, which shall approve these lists and consider and handle these industrial complexes or propose handling measures according to the plans specified in Article 5 of this Circular.

Lists of industrial complexes formed before the effective date of this Regulation must be made according to the forms provided in Appendices 1 and 2 to this Circular (not translated) and sent to the Ministry of Industry and Trade and the Ministry of Planning and Investment for monitoring.

Article 5. Plans on handling of industrial complexes formed before the effective date of the Regulation

1. For industrial complexes of over 75 (seventy-five) hectares each:

a/ Industrial complexes which meet the conditions specified at Clause 1, Article 6 of this Circular must be transformed into industrial parks in accordance with Articles 6 and 7 of this Circular for uniform management under the Government’s Decree No. 29/2008/ND-CP of March 14, 2008, on industrial parks, export processing zones and economic zones (below referred to as Decree No. 29/2008/ND-CP);

b/ Industrial complexes which do not meet the conditions specified at Clause 1, Article 6 of this Circular will have their land area adjusted in conformity with the Regulation and undergo the procedures for establishment of industrial complexes prescribed in Articles 8 and 9 of this Circular.

Particularly, the area of the following industrial complexes will be kept unchanged upon establishment of industrial complexes:

- Industrial complexes in which industrial land has been fully occupied;

- Industrial complexes of which infrastructure facilities have been completely built;

- Industrial complexes for which detailed plans have been approved and compensation and ground clearance procedures have been completed.

2. Industrial complexes not exceeding 75 (seventy-five) hectares each must undergo the procedures for establishment of industrial complexes prescribed in Articles 8 and 9 of this Circular for uniform management under the Regulation.

3. For industrial complexes formed before the effective date of the Regulation which cannot be handled under the plans specified in Clause 1 or 2 of this Article, provincial-level People’s Committees shall handle them according to their competence or propose competent agencies to handle them according to law.

Article 6. Transformation of industrial complexes formed before the effective date of the Regulation into industrial parks

1. Transformation conditions:

a/ The investor of an infrastructure development investment project is an  enterprise operating under the enterprise law;

b/ The total land area leased or sub-leased to registered investment projects which have obtained investment certificates accounts for at least 40% of industrial land in the industrial complex;

c/ The detailed plan of the industrial complex has been approved by a competent agency according to current regulations;

d/ Wastewater treatment facilities have been built or the infrastructure development project investor has made a commitment on the deadline for construction of wastewater treatment facilities of the industrial park after the transformation;

e/ The conditions specified in Clauses 2, 3, 4 and 5, Article 6 of Decree No. 29/2008/ND-CP are fully met.

2. Transformation sequence and procedures:

a/ The provincial-level People’s Committee makes and sends a dossier of transformation of industrial complexes into industrial parks to the Ministry of Planning and Investment for appraisal;

b/ The Ministry of Planning and Investment assumes the prime responsibility for, and coordinates with the Ministry of Industry and Trade and related ministries and sectors in, appraising the dossier of transformation of industrial complexes into industrial parks for submission to the Prime Minister for decision;

c/ Supplementing the master plan and establishing an industrial park from the to be-transformed industrial complex:

- For industrial complexes which meet the conditions specified in Clause 1 of this Article and have obtained investment certificates for their infrastructure development investment projects, the Ministry of Planning and Investment shall consider and propose the Prime Minister to add them to the master plan on development of industrial parks nationwide and assign the provincial-level People’s Committee to establish industrial parks.

- For industrial complexes which meet the conditions specified in Clause 1 of this Article but have not yet obtained investment certificates for their infrastructure development investment projects, the Ministry of Planning and Investment shall propose the Prime Minister to add them to the master plan on development of industrial parks.

The grant of investment certificates for infrastructure development investment projects and establishment of industrial parks comply with current law.

3. A transformation dossier comprises:

a/ A report on the transformation of industrial complexes in the locality into industrial parks, made by the provincial-level People’s Committee to the Prime Minister;

b/ A scheme on transformation of industrial complexes into industrial parks;

A dossier shall be made in 7 sets, including at least 2 originals (one original to be submitted to the Prime Minister and the remaining 6, to the Ministry of Planning and Investment for appraisal).

4. A scheme on transformation of industrial complexes into industrial parks has the following details:

a/ Necessity and legal grounds for the transformation;

b/ Evaluation of the current situation of, and projected orientations for, socio-economic and industrial development in the locality;

c/ Evaluation of the construction and development of industrial parks already formed and planning on development of industrial parks in the locality;

d/ Names, locations, areas, current state and specific infrastructure conditions of to be-transformed industrial complexes;

e/ Legal status and evaluation of the capacity and experience of investors of projects to develop infrastructure of to be-transformed industrial complexes;

f/ Evaluation of and explanation about the possibility to meet the conditions specified in Clause 1 of this Article;

g/ Possibility to raise funds for the construction and development of industrial parks formed after the transformation;

h/ Display of the development planning of industrial parks after the transformation in planning maps.

Article 7. Appraisal of dossiers of transformation of industrial complexes formed before the effective date of the Regulation into industrial parks

1. Appraisal contents:

a/ Legal grounds and necessity for the transformation;

b/ Conformity of the transformation of industrial complexes into industrial parks with socio-economic development master plans; local land use master plans and plans; regional and urban construction master plans; and infrastructure development master plans;

c/ Degree of satisfaction of conditions for transformation of industrial complexes into industrial parks;

d/ Conformity and feasibility of the development of, and the raising of funds for building infrastructure in, industrial parks.

2. Appraisal sequence and procedures:

a/ Within 5 (five) working days after receiving a complete transformation dossier, the Ministry of Planning and Investment shall consult related ministries and sectors;

In case a transformation dossier fails to meet the requirements in Clauses 2 and 3, Article 6 of this Circular, the Ministry of Planning and Investment shall request in writing the provincial-level People’s Committee to amend and supplement the dossier. The duration for dossier supplementation and amendment is not included in the time limit for appraisal.

b/ Ministries and sectors shall send their opinions to the Ministry of Planning and Investment within 10 (ten) working days after receiving the latter’s written consultation request, enclosed with transformation dossiers;

When necessary, the Ministry of Planning and Investment may organize a meeting with related ministries and sectors and the provincial-level People’s Committee to verify relevant matters.

c/ Within 30 (thirty) working days after receiving opinions of all ministries and sectors, the Ministry of Planning and Investment shall summarize and report the case to the Prime Minister for consideration and decision.

Article 8. Establishment of industrial complexes from industrial complexes formed before the effective date of the Regulation

1. Sequence and procedures for establishment:

a/ A district-level People’s Committee makes an industrial complex establishment dossier as prescribed in Clauses 2 and 3 of this Article and submits it to the provincial-level Industry and Trade Department for appraisal;

b/ The provincial-level Industry and Trade Department assumes the prime responsibility for, and coordinates with related provincial-level departments and sectors in, appraising the dossier for submission to the provincial-level People’s Committee for decision:

Within 15 (fifteen) working days after receiving a complete industrial complex establishment dossier, the provincial-level Industry and Trade Department shall appraise and submit the dossier to the provincial-level People’s Committee.

- In case of establishing an industrial complex not exceeding 75 (seventy-five) hectares: Within 10 (ten) working days after receiving the dossier, enclosed with the appraisal document of the provincial-level Industry and Trade Department, the provincial-level People’s Committee shall consider and decide whether to establish the industrial complex.

- In case of establishing an industrial complex of over 75 (seventy-five) hectares: Within 10 (ten) working days after receiving the dossier, enclosed with the appraisal document of the provincial-level Industry and Trade Department, the provincial-level People’s Committee shall send a document, enclosed with a set of the dossier of establishment of the industrial complex, to the Ministry of Industry and Trade for agreement.

Within 30 working days after receiving a complete dossier of establishment of an industrial complex, the Ministry of Industry and Trade shall consider and give written agreement. In case the dossier fails to meet the requirements in Clauses 2 and 3 of this Article, the Ministry of Industry and Trade shall issue a document requesting the provincial-level People’s Committee to further explain or supplement relevant contents. The duration for explanation or supplementation is not included in the time limit for consideration and agreement. Within 10 (ten) working days after receiving the Ministry of Industry and Trade’s written agreement, the provincial-level People’s Committee shall consider and decide whether to establish the industrial complex.

For each industrial complex establishment decision, one copy must be sent to the Ministry of Industry and Trade for monitoring and summarization.

2. An industrial complex establishment dossier comprises:

a/ A written request for establishment of an industrial complex, made by the district-level People’s Committee to the provincial-level People’s Committee;

b/ A report on the establishment of the industrial complex;

c/ A valid copy of the decision approving the investment project to build the industrial complex infrastructure or the project’s investment certificate (for industrial complexes specified in Clause 1, Article 3 of this Circular); a valid copy of the decision approving the industrial complex’s detailed construction plan (for industrial complexes specified in Clause 2, Article 3 of this Circular); or a valid copy of the decision approving the mater plan on development of industrial complexes or decision approving the master plan on industrial development in the province (for industrial complexes specified in Clause 3, Article 3 of this Circular).

A dossier shall be made in 6 sets, including 2 originals.

3. A report on the establishment of an industrial complex has the following details:

a/ Necessity and legal grounds for the establishment of the industrial complex;

b/ Name, location, area, objectives and functions of the industrial complex; legal status and capacity of the investor of the project to develop infrastructure in the industrial complex;

c/ Evaluation of the current situation and structure of land use; orientations on arrangement of different industries in the industrial complex;

d/ Evaluation of the current situation and plan on investment in infrastructure in the industrial complex;

e/ Solutions and possibility to raise funds to completely build infrastructure in the industrial complex;

f/ Current situation and measures to attract investment in the industrial complex;

g/ Expected economic, social and environmental effects of the industrial complex once established;

h/ Display of the development planning of the industrial complex on a map (for industrial complexes specified in Clause 3, Article 3 of this Circular).

Article 9. Contents of appraisal of dossiers of establishment of industrial complexes from industrial complexes formed before the effective date of the Regulation

1. Legal grounds and necessity for the establishment of the industrial complex.

2. Name, area, objectives and functions of the industrial complex.

3. Conformity with master plans on industrial and cottage industry development, and master plans on development of industrial complexes in the locality; land use master plans and plans; construction master plans and other relevant master plans in the locality.

4. Observance of regulations on investment, construction, land and environment by the industrial complex.

5. Solutions to raise funds for complete construction of infrastructure facilities and solutions to attract investment in the industrial complex.

6. Economic, social and environmental effects of the industrial complex once established.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 10. Deadline for handling industrial complexes formed before the effective date of the Regulation

1. The deadline for reviewing and making lists of industrial complexes formed before the effective date of the Regulation under Article 4 of this Circular is December 31, 2012.

2. The deadline for handling industrial complexes formed before the effective date of the Regulation is December 31, 2015.

Article 11. Effect

This Circular takes effect on November 26, 2012.

To annul Clauses 2 and 3, Article 13, and Article 14 of the Ministry of Industry and Trade’s Circular No. 39/2009/TT-BCT of December 28, 2009, on the implementation of some contents of the Regulation on management of industrial complexes promulgated together with the Prime Minister’s Decision No. 105/2009/QD-TTg of August 19, 2009.

Article 12. Implementation responsibility

1. Provincial-level People’s Committees shall direct provincial-level departments and sectors, district-level People’s Committees, investors of projects to develop infrastructure in industrial complexes and related units and organizations in handling industrial complexes formed before the effective date of the Regulation in accordance with this Circular.

2. Provincial-level Industry and Trade Departments shall assume the prime responsibility for, and advise provincial-level People’s Committees in, implementing this Circular.

3. The Local Industry Department (the Ministry of Industry and Trade) and the Economic Zone Management Department (the Ministry of Planning and Investment) shall advise the leaderships of the Ministry of Industry and Trade and the Ministry of Planning and Investment in monitoring and reporting on the implementation of this Circular.

4. Any problems arising in the process of implementation of this Circular should be promptly reported to the Ministry of Industry and Trade and the Ministry of Planning and Investment for consideration and coordinated settlement.-

For the Minister of Industry and Trade
Deputy Minister
NGUYEN NAM HAI

For the Minister of Planning and Investment
Deputy Minister
NGUYEN VAN TRUNG