Decree 10/2024/ND-CP on hi-tech parks

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Decree No. 10/2024/ND-CP dated February 01, 2024 of the Government on hi-tech parks
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Official number:10/2024/ND-CPSigner:Tran Luu Quang
Type:DecreeExpiry date:Updating
Issuing date:01/02/2024Effect status:
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Fields:Enterprise , Science - Technology
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Effect status: Known

THE GOVERNMENT
 __________

No. 10/2024/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

____________________

Hanoi, February 1, 2024

DECREE

On hi-tech parks

 

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

Pursuant to the Law on High Technology dated November 13, 2008;

Pursuant to the Law on Science and Technology dated June 18, 2013;

Pursuant to the Law on Investment dated June 17, 2020;

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

Pursuant to the Law on the State Budget dated June 25, 2015;

Pursuant to the Law on Enterprises dated June 17, 2020;

Pursuant to the Planning Law dated November 24, 2017;

Pursuant to the Amending and Supplementing a Number of Articles of Eleven Laws Related to the Planning Law dated June 15, 2018;

Pursuant to the Amending and Supplementing a Number of Articles of Thirty Seven Laws Related to the Planning Law dated November 20, 2018;

Pursuant to the Law on Urban Planning dated June 17, 2009;

Pursuant to the Land Law dated November 29, 2013;

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

Pursuant to the Law on Environmental Protection dated November 17, 2024;

Pursuant to the Law on Residence dated November 13, 2020;

Pursuant to the Labor Code dated November 20, 2019;

Pursuant to the Law on Management and Use of Public Property dated June 21, 2017;

 Pursuant to Resolution No. 61/2022/QH15 dated June 16, 2022 of the National Assembly on continuing to improve the effectiveness and efficiency of the implementation of planning policies and laws and a number of solutions to tackle difficulties and obstacles in, accelerate the progress of formulation and improve the quality of, master plans in the 2021-2030 period;

At the proposal of the Minister of Science and Technology;

The Government hereby promulgates the Decree on hi-tech parks.

 

Chapter I
GENERAL PROVISIONS

 

Article 1. Scope of regulation and subjects of application

1. This Decree regulates the hi-tech park construction orientations and hi-tech park development schemes; establishment and expansion of hi-tech parks; activities in hi-tech parks; mechanisms, policies, and State governance of hi-tech parks (including hi-tech parks as defined in Article 31 of the Law on High Technology and agricultural zones applying high technology as defined in Article 32 of the Law on High Technology).

2. The scope of application of this Decree covers: State regulatory authorities, organizations, and individuals involved in planning, establishment, investment, construction, management, and operations in hi-tech parks.

Article 2. Interpretation of terms

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

1. Expanding a hi-tech park means adjusting and increasing the scale of the area of ​​such hi-tech park, wherein the expanded area may border or be adjacent to the existing area, and can be connected and share the infrastructure system with the hi-tech park previously established.

2. Occupancy rate of a hi-tech park means the percentage (%) of land area (including waterbodies), which has been used by after being allocated or leased to them in order to implement investment projects within the hi-tech park, over the total land area planned to be allocated or leased in accordance with the approved zoning master plan.

3. Technical infrastructure system of a hi-tech park means the system of technical infrastructure facilities, and environmental protection, fire safety, traffic safety, security and social order technical infrastructure facilities within the hi-tech park, and information infrastructure facilities. The technical infrastructure system of the hi-tech park shall be planned, designed, and constructed to be modern, integrated, environmentally friendly, and provide smart management utilities.

For hi-tech parks prescribed in Article 31 of the Law on High Technology, the planning, design, and construction of the technical infrastructure system shall be oriented towards smart urban standards.

4. System of social infrastructure facilities serving the operations of a hi-tech park means the system of social infrastructure facilities as prescribed by the law on construction, including educational, healthcare, sports, cultural facilities, green spaces, parks, commercial and service facilities, accommodation services, and living quarters (located outside the boundaries of the hi-tech park) directly serving the workers employed within the hi-tech park.

5. Investment projects in hi-tech parks mean investment projects prescribed in the Law on Investment and public investment projects as prescribed by the Law on Public Investment; investors can be organizations or individuals implementing investment projects in hi-tech parks.

 

Chapter II

HI-TECH PARK CONSTRUCTION ORIENTATION, HI-TECH PARK DEVELOPMENT SCHEME; ESTABLISHMENT AND EXPANSION OF HI-TECH PARKS

 

Section 1
HI-TECH PARK CONSTRUCTION ORIENTATION, DEVELOPMENT PLANS FOR HI-TECH PARKS

 

Article 3. Hi-tech park construction orientation

1. The hi-tech park construction orientation is a component of the regional master plan as prescribed at Point d, Clause 2, Article 26 of the Planning Law, which determines the objectives, orientations, solutions, and organized implementation thereof with respect to the regional-level development of hi-tech parks.

2. Details of the hi-tech park construction orientation includes:

a) Objectives, orientations, space allocation guidelines, and development solutions for hi-tech parks within the regional territory during the planning period;

b) Planned quantity and area of hi-tech parks in provinces and municipalities within the region; orientation of hi-tech parks playing a leading role in science and technology development, with a driving force for the socio-economic development of the region.

3. The hi-tech park construction orientation shall be established and adjusted along with the process of formulating, evaluating, approving, and adjusting regional master plans in accordance with the law on planning.

Article 4. Hi-tech park development scheme

1. The hi-tech park development scheme is a component of provincial master plan as prescribed at Point d, Clause 2, Article 27 of the Planning Law, which determines the objectives, orientations, solutions, organized implementation thereof, and list of hi-tech parks within a province or municipality.

2. Details of the hi-tech park development scheme includes:

a) Objectives, orientations, and solutions for the development of hi-tech parks during the planning period;

b) List of hi-tech parks within the province or municipality, including the names of the hi-tech parks, their areas, and proposed location for each hi-tech park;

c) Scheme for development of hi-tech parks located on the planning map (the proposed location and area of each hi-tech park identified thereon).

3. The compilation of the list of hi-tech parks within the province or municipality must meet the following conditions:

a) The areas where the hi-tech parks are planned to be located have favorable factors and conditions regarding geographical location, natural conditions, technical infrastructure, social infrastructure, science and technology, education and training, socio-economic aspects (with the potential to mobilize investment resources for construction and development of hi-tech parks);

b) Living quarters and public facilities adjacent to or around the hi-tech park are planned to serve the lives of experts and workers employed within the hi-tech park;

c) The area anticipated for construction of the hi-tech park shall be suitable for implementing the tasks prescribed in Clause 2, Article 31 of the Law on High Technology (for hi-tech parks as defined in Article 31 of the Law on High Technology) or in Clause 2, Article 32 of the Law on High Technology (for agricultural zones applying high technology as defined in Article 32 of the Law on High Technology);

d) There is the potential to attract investments in large-scale hi-tech projects with significant impacts on the scientific and technological development, as well as the socio-economic development of the locality and the region;

dd) It complies with regulations on national defense and security, environmental protection, and climate change adaptation, as well as the protection of natural resources and historical, cultural, and natural heritage sites;

e) Be in accordance with high-tech park construction orientations.

4. The hi-tech park development scheme shall be established and adjusted along with the process of formulating, evaluating, approving, and adjusting provincial master plans in accordance with the law on planning.

5. The hi-tech park development scheme in the provincial master plan, once approved by the competent authority, serves as the basis for establishing and expanding hi-tech parks; formulating and adjusting the construction master plans of hi-tech parks; formulating and adjusting the investment plans for developing technical infrastructure and social infrastructure to serve the development of hi-tech parks in accordance with the relevant laws.

 

Section 2
ESTABLISHMENT AND EXPANSION OF HI-TECH PARKS

 

Article 5. Conditions for establishing a hi-tech park

1. General conditions:

a) The establishment complies with the regional master plan or provincial master plan approved by the competent authority;

b) There are adequate and feasible land area; and suitable natural conditions;

c) The existing infrastructure and location are convenient for transportation;

d) It is possible for the hi-tech park to connect with high-level research and training institutions;

dd) A feasible plan for human resources and professional management teams for the hi-tech park is available;

e) A feasible plan to mobilize resources to be invested in the construction of technical infrastructure and social infrastructure for the hi-tech park is available; whereby the fiscal balance of the State Budget (if applicable) can be ensured;

g) A feasible plan to construct living quarters and public facilities adjacent to or around the hi-tech park to serve the lives of experts and workers employed within the hi-tech park depending on the needs and the construction progress of such hi-tech park;

h) Meet the conditions for environmental protection prescribed in the environmental protection law;

i) Ensure national defense and security.

2. Conditions for establishment of a hi-tech park as defined in Article 31 of the Law on High Technology:

a) The conditions prescribed in Clause 1 of this Article;

b) The establishment complies the State's policies on the development of high technology and hi-tech industries;

c) Meet the conditions for implementing the tasks prescribed in Clause 2, Article 31 of the Law on High Technology.

d) A feasible plan to provide convenient technical infrastructure and services is available to meet the requirements of hi-tech research, application, and development; high technology incubation; hi-tech business incubation; test production of hi-tech products; and provision of hi-tech services.

3. Conditions for establishment of an agricultural zone applying high technology as defined in Article 32 of the Law on High Technology:

a) The conditions prescribed in Clause 1 of this Article;

b) The establishment complies with the agricultural development strategy or plan;

c) The conditions for implementing the tasks prescribed in Clause 2, Article 32 of the Law on High Technology;

d) A feasible plan to provide convenient technical infrastructure and services is available to meet the requirements of research, training, testing, and demonstrative application of agricultural high technology.

Article 6. Conditions for expanding a hi-tech park

1. The proposed expanded area must meet the conditions prescribed in Clause 2, Article 5 in the case of expanding hi-tech parks as defined in Article 31 of the Law on High Technology, or Clause 3, Article 5 in the case of expanding agricultural zones applying high technology as defined in Article 32 of the Law on High Technology.

2. The investment and construction of the technical infrastructure system of a hi-tech park that is under way must be completed in accordance with the general construction plan (if any) and the approved construction zoning master plan.

3. The occupancy rate of the hi-tech park that is underway must be at least 60%.

4. The location, scale, and conditions of the proposed expanded area facilitate the convenient connectivity with the technical infrastructure and social infrastructure systems of the hi-tech park that is underway.

Article 7. Dossier proposing the establishment or expansion of a hi-tech park

1. The components of the dossier proposing the establishment or expansion of a hi-tech park prepared by the provincial-level People's Committee include:

a) A written submittal to the Prime Minister regarding the establishment or expansion of the hi-tech park;

b) The project proposal regarding the establishment or expansion of the hi-tech park.

2. The project proposal regarding the establishment of a hi-tech park contains the following details:

a) Legal basis and necessity of establishing the hi-tech park;

b) Evaluation of the current situation, factors, and conditions regarding geographical, natural, resources, scientific and technological, socio-economic aspects, the constraints and comparative advantages of the proposed area where the hi-tech park is to be established compared to other areas within the province or municipality;

c) Evaluation and justification of the ability to meet the conditions for establishing the hi-tech park as prescribed in Article 5 of this Decree (enclosed with relevant documents);

d) Planned development directions for the hi-tech park, including: development objectives, nature, functions, and tasks of the hi-tech park; development directions for priority industries and domains within the hi-tech park; guidelines for organizing functional areas to implement tasks as prescribed in the Law on High Technology, preliminary spatial development directions and land use master plan; orientations for developing human resources and management teams;

dd) Planned total investment, methods for mobilizing resources, and determination of responsibilities for investment in the technical infrastructure system of the hi-tech park; investment plan and schedule for construction and development of the hi-tech park;

e) Recommended solutions and organization of implementation;

g) Presentation of the plan for establishing the hi-tech park on a map at a scale of 1:10,000 - 1:25,000.

3. The project proposal regarding the expansion of a hi-tech park contains the following details:

a) Legal basis and necessity of expanding the hi-tech park;

b) Evaluation of the construction, development, and operations of the existing hi-tech park in accordance with the approved general construction master plan (if any) and the approved zoning construction master plan; clarification of the occupancy rate of the hi-tech park;

c) Evaluation of the current situation, factors, and conditions regarding geographical, natural, resources, scientific and technological, socio-economic aspects, the constraints and comparative advantages of the proposed expanded area of the hi-tech park;

d) Evaluation and justification of the ability to meet the conditions for expanding the hi-tech park as prescribed in Article 6 of this Decree (enclosed with relevant documents);

dd) Planned development directions for the proposed expanded area, including: development objectives, nature, functions, and tasks of the expanded area; development directions for priority industries and domains within the hi-tech park; guidelines for organizing functional areas to implement tasks as prescribed in the Law on High Technology, preliminary spatial development directions and land use master plan; orientations for developing human resources meeting the demand for the expansion;

e) Planned total investment, methods for mobilizing resources, and determination of responsibilities for investment in the technical infrastructure system of the hi-tech park; investment plan and schedule for construction and development of the hi-tech park;

g) Recommended solutions and organization of implementation;

h) Presentation of the plan for expanding the hi-tech park on a map at a scale of 1:10,000 - 1:25,000.

4. The submittal of the provincial-level People's Committee to Prime Minister regarding the establishment or expansion of a hi-tech park shall include the following main details: legal basis; necessity and process of developing the establishment or expansion plan for the hi-tech park; summary of the project proposal regarding the establishment or expansion of the hi-tech park; evaluation of the satisfaction of conditions for establishing or expanding the hi-tech park; recommendations regarding the establishment or expansion of the hi-tech park.

5. 10 copies (including 02 original copies) of the dossier proposing the establishment or expansion of a hi-tech park, as prescribed in Clauses 1, 2, 3, and 4 of this Article, shall be prepared by the provincial-level People's Committee and submitted to the competent authority for escalation to the Prime Minister as prescribed in Article 8 of this Decree.

Article 8. Competence, process, and procedures to escalate the establishment or expansion of a hi-tech park to the Prime Minister

1. Authorities in charge of the establishment and expansion of hi-tech parks

a) The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with relevant State authorities in, evaluating the dossiers proposing the establishment and expansion of hi-tech parks as prescribed by Article 31 of the Law on High Technology before escalating them to the Prime Minister for decision-making;

b) The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with relevant State authorities in, evaluating the dossiers proposing the establishment and expansion of agricultural zones applying high technology as prescribed by Article 32 of the Law on High Technology before escalating them to the Prime Minister for decision-making.

2. Process and procedures for establishing or expanding a hi-tech park:

a) The provincial-level People's Committee shall prepare a dossier in accordance with Article 7 of this Decree, and submit it to the competent authority in charge of the establishment and expansion of hi-tech parks as prescribed in Clause 1 of this Article;

b) Within a period of 05 working days from the date of receiving the complete dossier proposing the establishment or expansion of the hi-tech park as prescribed herein, the competent authority as prescribed in Clause 1 of this Article shall send its copies to relevant State authorities for the latter to give comments thereon;

c) Within a period of 20 working days from the date of receiving the written invitation to comment and the dossier enclosed therewith, the concerned authority shall give its written comments on matters with its ambit of State governance to the inviting authority;

d) Within a period of 05 working days from the date of receiving all written comments, the competent authority in charge of the establishment and expansion of hi-tech parks shall comprehensively evaluate the dossier with respect to the matters prescribed in Clause 3 of this Article regarding the establishment or expansion of the hi-tech park.

If necessary, the competent authority in charge of the establishment and expansion of hi-tech parks shall organize meetings with relevant ministries, sectoral authorities, and the provincial-level People's Committee or establish an Advisory Council to clarify related issues;

dd) During the evaluation of the dossier, if amendments or supplements to the dossier are necessitated, the competent authority in charge of the establishment and expansion of hi-tech parks shall notify the provincial-level People's Committee in writing for the latter to make such amendments or supplements. The period of time during which amendments or supplements are being made to the dossier shall count towards the evaluation period of the dossier;

e) Within a period of 05 working days from the date of receiving the dossier proposing the establishment or expansion of the hi-tech park that is amended or supplemented (if any), the competent authority in charge of the establishment and expansion of hi-tech parks shall prepare a dossier as prescribed in Clause 1, Article 9 of this Decree and submit it to the Prime Minister for consideration and decision on the establishment or expansion of the hi-tech park.

3. The evaluation of the dossier proposing the establishment or expansion of the hi-tech park shall cover:

a) Legal basis and necessity of the establishment or expansion of the hi-tech park;

b) Evaluation of the satisfaction of the conditions for the hi-tech park to be established or expanded as prescribed in Article 6 of this Decree;

c) Evaluation of the feasibility of the development directions of the hi-tech park; plans to mobilize resources to be invested in the construction of technical infrastructure of the hi-tech park or the expanded area of the hi-tech park, and its connection with the existing infrastructure system of the hi-tech park; the ability of the State Budget to ensure fiscal balance;

d) Preliminary evaluation of the contributive effectiveness in terms of science and technology, and socio-economic factors resulting from the establishment or expansion of the hi-tech park;

dd) Feasibility of the solutions for the establishment or expansion of the hi-tech park.

Article 9. Dossier escalating the establishment or expansion of a hi-tech park and the competence to decide on its establishment or expansion

1. The dossier, which is prepared by the competent authority in charge of the establishment and expansion of hi-tech parks as prescribed in Clause 1, Article 8 of this Decree and submitted to the Prime Minister for review and decision-making on the establishment or expansion of the hi-tech park, shall consist of:

a) A written submittal from the competent authority in charge of the establishment and expansion of hi-tech parks to the Prime Minister regarding the establishment or expansion of the hi-tech park, based on results of the dossier evaluation (enclosed with a draft decision on the establishment or expansion and the issuance of the operational regulations of the hi-tech park);

b) A written submittal from the provincial-level People's Committee to the Prime Minister regarding the proposal for the establishment or expansion of the hi-tech park (amended and supplemented if required);

c) The project proposal of the provincial-level People's Committee regarding the establishment or expansion of the hi-tech park (amended and supplemented if required);

d) Supporting documents (if any) attached thereto.

2. The Prime Minister shall review and decide on the establishment or expansion of the hi-tech parks.

The decision to establish or expand a hi-tech park serves as the basis for organizing the implementation of the construction master plan of such hi-tech park and the investment plan for development of such hi-tech park.

 

Chapter III

HI-TECH PARK DEVELOPMENT POLICIES

 

Section 1

INVESTMENT IN CONSTRUCTION AND DEVELOPMENT OF HI-TECH PARKS

 

Article 10. Sources of capital to be invested in the construction and development of hi-tech parks

1. Capital to be invested in the construction and development of hi-tech parks includes: Funding from the State Budget; capital invested by organizations and individuals, and other lawful sources of capital.

2. The State shall prioritize supporting the investment in development with capital allocated from the State Budget, official development assistance (ODA), concessional credits, differential subsidies for preferential credit interest rates, and other forms of support as prescribed by law to prepare for investment, site clearance, construction of systems of technical infrastructure, social infrastructure, and infrastructure serving science and technology development in hi-tech parks.

3. The State shall encourage investors, organizations, and individuals to invest in the construction of systems of technical infrastructure, social infrastructure, and infrastructure serving science and technology development in hi-tech parks through forms such as business investment projects, public-private partnership (PPP) investment, private sector involvement, and other forms as prescribed by law; to voluntarily advance funds for compensation, support, and resettlement for site clearance within hi-tech parks.

4. For large-scale compensation, support, and resettlement projects as well as projects to invest in the construction of technical infrastructure and social infrastructure systems, which play a pivotal role, capital can be mobilized through the issuance of government bonds and municipal bonds as prescribed by law.

5. The Management Board of a hi-tech park may mobilize and directly receive and use the sponsorship of organizations and individuals operating within the hi-tech park to cover the costs of formulating and adjusting the construction master plan of the hi-tech park in accordance with law regulations.

6. Sources of capital prescribed in this Article shall be mobilized and used in accordance with the law on State Budget, public investment, public debt management, investment, public-private partnership investment, land, and construction, and other relevant law regulations.

Article 11. Support of investment with funds allocated from the State Budget

1. The provincial-level People's Committee shall develop a plan on investment in the development of the hi-tech park and propose the use of funds allocated from the State Budget to perform the tasks of investment in the development of the hi-tech park, including:

a) Investment preparation;

b) General construction master plan and zoning construction master plan;

c) Compensation, support and resettlement;

d) Mine clearance and explosive ordnance disposal;

dd) Land leveling;

e) Construction of the technical infrastructure system within the hi-tech park in accordance with the approved general and zoning master plans for the hi-tech park;

g) Construction of the administrative-command center and public service facilities of the Management Board of the hi-tech park; hi-tech technical infrastructure, and infrastructure serving the development of science and technology in the hi-tech park;

h) Construction of the system of social infrastructure facilities within the hi-tech park in accordance with the approved general and zoning master plans for the hi-tech park;

i) Construction of the technical infrastructure and social infrastructure outside the perimeter of the hi-tech park to ensure comprehensive connectivity and serve the operations of the hi-tech park and the workers employed within the hi-tech park;

k) Prioritization of investment in all items prescribed at Points a, b, c, d, dd, and e of this Clause in the zones within the hi-tech park with functions of high technology research and development, high technology incubation, and training of hi-tech human resources.

2. The provincial-level People's Committee shall formulate a plan for and estimate the recurrent expenditures to be covered by the State Budget to ensure the operations of the Management Board of the hi-tech park; manage, maintain, and operate the technical infrastructure and social infrastructure systems of the hi-tech park (during the period when the hi-tech park is not fully occupied and the revenue is insufficient to recover costs) and other scientific and technological operations of the Management Board of the hi-tech park.

3. The use of funds allocated from the State Budget as prescribed in this Article shall comply with the law regulations on the State Budget and public investment, and other relevant law regulations.

 

Section 2
POLICIES ON INCENTIVES AND INVESTMENT SUPPORT

 

Article 12. Policies on investment incentives and support for projects on investment in hi-tech parks

1. Hi-tech parks are areas subject to investment incentives and entitled to investment incentives applicable to areas with extremely difficult socio-economic conditions as prescribed by the law on investment.

2. The specific level of incentives and support for investment projects and operations within hi-tech parks shall comply with law regulations on investment, corporate income tax, export and import tax, land, and credit, and relevant law regulations.

3. The Management Board of the hi-tech park and relevant authorities shall be responsible for carrying out administrative procedures related to investment, enterprises, land, construction, environment, labor, taxes, customs, and other relevant procedures through a single-window or inter-agency single-window mechanism, as prescribed by law; providing support for labor recruitment and other related issues during the investor's implementation of operations in the hi-tech park.

4. Projects and operations in the hi-tech park are given the priority of participating in programs supporting training and recruitment of workers; programs supporting research and application of high technology and technology transfer support; programs supporting the development of hi-tech industries and high technology in agriculture; supporting innovative startups, small- and medium-sized enterprises; supporting with loans and other support programs of the Government, ministries, sectoral authorities, and local authorities.

5. Provincial-level People's Councils and People's Committees shall adopt policies and allocate resources to support investment within their competence in accordance with law regulations to attract hi-tech investment projects and hi-tech human resources into hi-tech parks.

Article 13. Mechanisms to encourage investment in construction and business of infrastructure within hi-tech parks

1. The State shall encourage organizations and individuals with sufficient experience and capability to participate in investing in the construction and business of infrastructure of hi-tech parks, including investing in the construction and business of the entire technical infrastructure system of hi-tech parks or a part of the technical infrastructure system of hi-tech parks as prescribed in Article 23 of this Decree (hereinafter referred to as infrastructure owners).

2. Projects on investment in construction and business of infrastructure shall be entitled to incentives regarding exemption from land lease levy, compensation and site clearance reimbursements as prescribed in the regulations on land lease levy payment for land within the hi-tech park.

3. The State’s investment credits shall be preferentially extended to projects on investment in construction and business of infrastructure within hi-tech parks. They may also utilize various lawful fundraising mechanisms as prescribed by the law on enterprises and credit, and other relevant law regulations.

4. The Management Board of a hi-tech park and related authorities shall be responsible for prioritizing the processing of administrative procedures related to infrastructure owners and investment projects within the infrastructure construction and business project area to facilitate investment attraction and other operations of projects on investment in construction and business of infrastructure within the hi-tech park.

5. In addition to the incentives prescribed in Clause 2 of this Article, the projects on investment in construction and business of infrastructure within hi-tech parks are entitled to other preferential treatments as prescribed by the law on investment, taxation, and land, and relevant law regulations. They are also given the priority of participating in pilot projects and programs on smart urban development, and other support policies as prescribed by law.

6. Provincial-level People's Councils and People's Committees shall adopt policies and allocate resources to support investment in order to attract investment projects in the construction and business of infrastructure within the hi-tech parks.

Article 14. Policies on development of social infrastructure to serve workers in hi-tech parks

1. Provincial-level People's Committees shall be responsible for planning living quarters and systems of social infrastructure facilities adjacent to or surrounding the hi-tech parks to ensure convenient transport connection directly serving the workers employed within the hi-tech parks in parallel with determining the hi-tech park development schemes when formulating provincial master plans, and ensure that investment in construction thereof aligns with the needs and construction schedules of hi-tech parks.

2. The State shall encourage organizations and individuals with sufficient experience and capacity to invest in the construction and business of social infrastructure facilities.

Social infrastructure facilities include cultural facilities, parks, flower gardens, green spaces, and recreational areas for public use (excluding amusement parks and theme parks with the gross building density of more than 5%), which are invested in through public-private partnerships or with capital mobilized from the society or voluntary contributions from organizations and individuals.

3. Provincial-level People's Councils and People's Committees shall adopt policies and allocate resources to support investment within their competence in accordance with law regulations to attract projects on investment in construction of social infrastructure facilities serving operations of hi-tech parks.

4. Projects on investment in construction of residential houses, service facilities, and public utilities directly serving the workers employed within the hi-tech parks shall be entitled to policies on incentives and support as prescribed by the law on social housing construction and relevant law regulations.

5. Beneficiaries eligible to rent, purchase, or rent-purchase residential houses or worker accommodations in the hi-tech park (house purchase or rent-purchase options are only applicable to living quarters built outside the boundaries of the hi-tech park) include:

a) Organizations that are investors and individuals who are specialists or workers employed in a hi-tech park are eligible to rent residential houses during their operation or employment in such hi-tech park;

b) Employees of the Management Board of the hi-tech park, specialists, and workers with indefinite employment contracts with investors in the hi-tech park are prioritized for purchasing residential houses.

Article 15. Policies on high technology research and development, high technology incubation, hi-tech business incubation, and training of hi-tech human resources

1. In hi-tech parks where the construction of technical infrastructure systems is invested in with the State Budget, functional zones for high technology research and development, high technology incubation, hi-tech business incubation, and training of hi-tech human resources will have their site clearance, site leveling, and comprehensive technical infrastructure construction funded by the State Budget.

2. The State Budget prioritizes the construction of high technology research and development facilities and large-scale laboratories meeting international standards for research, analysis, testing, and calibration; high technology incubators and hi-tech business incubation centers; facilities for training of hi-tech human resources; and hi-tech information infrastructure within hi-tech parks, which aims to create favorable conditions for organizations and individuals to access, utilize, and exchange information about high technology.

3. The State shall prioritize the use of official development assistance (ODA), concessional credits, and other forms of technical support as prescribed by law, as well as resources from national programs for the development of science, technology, and high technology, and other lawful sources of capital towards investing in the construction of high technology research and development facilities, high technology incubators, hi-tech business incubation centers, and facilities for training of hi-tech human resources; to support projects and operations related to research and development of high technology, high technology incubation, hi-tech business incubation, and training of hi-tech human resources.

4. Projects on investment in construction of high technology research and development facilities, high technology incubators, and hi-tech business incubation centers shall be entitled to incentives regarding exemption from land lease levy, compensation and site clearance reimbursements as prescribed in the regulations on land lease levy payment for land within the hi-tech park.

5. High technology incubators, hi-tech business incubation centers, and projects on high technology incubation and hi-tech business incubation that are approved to operate within high technology incubators in hi-tech parks may receive financial aid, support, loans, and loan guarantees from the National Technology Innovation Fund, the Small- and Medium-sized Enterprise Development Fund, and other lawful sources of financial aid to carry out operations as prescribed by law.

6. The organization of national and international-scale technology fairs and exhibitions within hi-tech parks is encouraged, thereby promoting the supply - demand connection, seeking partners, establishing links, and fostering cooperation among research and development institutions, incubators, innovative startups, hi-tech product manufacturers, and technology application entities domestically and internationally. The promotion of hi-tech products shall be prioritized on the media channels of the Ministry of Science and Technology and the Ministry of Agriculture and Rural Development, as well as national and local technology trading floors.

7. Organizations and individuals shall be encouraged and facilitated to provide services such as evaluation, valuation, and appraisal of high technology, technology transfer consultancy, intellectual property, legal services, brokerage, investment, finance, insurance, scientific and technological services, and other services. Investments shall be made in construction of hi-tech trading floors and technology and equipment markets within hi-tech parks in order to promote the commercialization of research and development outcomes and the technology transfer.

8. The implementation of programs, agreements, bilateral and multilateral cooperation agreements, and international integration initiatives on high technology in hi-tech parks is encouraged.

Article 16. Policies on export processing enterprises in hi-tech parks

1. In addition to the investment incentives and support as prescribed in this Decree, export processing enterprises in hi-tech parks prescribed in Clause 2, Article 32 of this Decree, when meeting the conditions for customs inspection and supervision and the regulations applicable to non-tariff zones as prescribed by the law on import and export taxes, shall be subject to regulations exclusively applicable to export processing enterprises operating in industrial zones and economic zones as prescribed by the law on industrial zones and economic zones.

Enterprises operating in hi-tech parks, which meet the conditions for customs inspection and supervision, the regulations applicable to non-tariff zones, and the law regulations on import and export taxes prior to the effective date of this Decree, shall be subject to the same regulations as for export processing enterprises operating in industrial parks and economic zones as prescribed by the law on industrial zones and economic zones from the date the enterprises meet such conditions.

2. Procedures for investment by export processing enterprises in hi-tech parks

a) Investment registration for investment projects to establish export processing enterprises shall be carried out in accordance with the law on investment and this Decree;

b) The investment project dossier shall include the documents prescribed for investment projects applying high technology to produce hi-tech products and a commitment to meeting the conditions for customs inspection and supervision applicable to non-tariff zones as prescribed by the law on export and import duties;

c) The objectives of investment in an export processing enterprise shall be recorded in the decision on approval of the project’s investment policy/the investment registration certificate or the written confirmation that the investment project meets the hi-tech operation principles prescribed in this Decree.

 

Section 3
OTHER POLICIES

 

Article 17. Planning and construction management

1. The planning and construction of hi-tech parks shall be based on the hi-tech park development schemes in the provincial master plans and the Prime Minister's decisions on the establishment of hi-tech parks. The preparation, appraisal, and approval of hi-tech park construction master plans shall comply with law regulations on construction planning for functional areas.

2. The approved general construction master plans and zoning construction master plans for hi-tech parks serve as the basis for the formulation of detailed construction master plans; the preparation of pre-feasibility study reports, investment policy proposals, feasibility studies, and investment policy decisions for projects on investment in infrastructure of hi-tech parks funded by public investments as prescribed by the law on public investment; the preparation of dossiers and the approval of investment policies for projects on investment in construction and business of infrastructure in hi-tech parks, as well as other investment projects within the hi-tech parks as prescribed by law.

3. When a zoning construction master plan is being formulated for a hi-tech park located in an area subject to a general construction master plan or a general urban master plan that has been approved by a competent authority, the planning task shall not be necessitated. When a detailed construction master plan is being formulated for a hi-tech park located in an area covered by a general construction master plan (if any) or a zoning construction master plan that has been approved by a competent authority, the planning task shall not be necessitated.

4. Investment in construction within hi-tech parks must adhere to the law regulations on construction, land, investment, and other relevant law regulations.

5. Management Boards of hi-tech parks shall coordinate with the specialized authorities in charge of planning and construction, and the People's Committees at all levels in managing the planning, investment in construction, management of construction quality, and inspection, examination, and handling of violations related to planning and construction in the hi-tech parks in accordance with the law regulations.

Article 18. Land administration

1. Based on the general construction master plans (for hi-tech parks with the area of 500 hectares or more) or the zoning construction master plans (for hi-tech parks with the area of less than 500 hectares) that have been approved by competent authorities, the provincial-level People's Committees shall decide to allocate land to the Management Boards of the hi-tech parks for administration, construction, and development of the respective hi-tech parks.

2. The Management Board of the hi-tech parks may decide to re-allocate land without land use levy in the cases prescribed in Clauses 2 and 3, Article 54 of the Land Law, lease land in cases prescribed in Article 56 of the Land Law, decide to extend the land use term when the land re-allocation or land lease period expires provided that it is consistent with the duration of the investment projects, and recover the land they have re-allocated or leased in accordance with the land law; coordinate with relevant authorities to organize land administration and use, inspection, examination, and handling of violations related to land in the hi-tech parks in accordance with the law regulations.

For investment projects that must meet the conditions, principles, and criteria prescribed in Articles 24, 28, and 35 of this Decree, the details of the investor's commitments shall be recorded in the decision on land allocation without land use levy/decision on land lease/land lease (sublease) contract as a basis for handling the land users’ non-performance of their obligations.

3. The land use regime for projects on investment in construction and business of infrastructure in hi-tech parks shall comply with Article 23 of this Decree.

Article 19. To manage investments

1. The Management Board of a hi-tech park serves as the investment registration authority and carries out State governance functions related to investments within such hi-tech park within the scope of responsibilities, powers, and procedures as prescribed by relevant law regulations.

2. Investment projects in hi-tech parks must comply with the law regulations on investment and relevant law regulations, and the conditions, principles, and criteria prescribed in Articles 24, 28, and 35 of this Decree applicable to each respective type of investment projects.

3. For investment projects that are subject to the procedures for investment policies to be approved or investment registration certificates to be granted, the investors shall be responsible for explaining and committing to ensuring the conditions, principles, and criteria prescribed in Articles 24, 28, and 35 of this Decree for each respective type of investment projects stated in the dossiers of request for approval of investment policies/grant of investment registration certificates. The authorities competent to approve investment policies/grant investment registration certificates in accordance with the law on investment shall organize the appraisal of such details during the process of appraising the requests for approval of investment policies/grant of investment registration certificates. The details of the investor's commitments to fulfilling the conditions, principles, and criteria prescribed in Articles 24, 28, and 35 of this Decree shall be recorded in in the decision on approval of the project’s investment policy/the investment registration certificate as a basis for monitoring, evaluation, inspection, examination of investment, and handling of violations in accordance with the law on investment and relevant law regulations.

4. For projects on investment in hi-tech operations that are not subject to the procedures for investment policies to be approved or investment registration certificates to be granted, the investors shall be responsible for explaining and committing to ensuring the principles and criteria prescribed in Articles 28 and 35 of this Decree for each respective type of investment projects subject to the procedures of requesting confirmation that the investment projects meet the hi-tech operation principles prescribed in Article 26 of this Decree.

5. The Management Boards of the hi-tech parks shall periodically or irregularly conduct reviews and evaluations of the investment projects’ fulfillment of the conditions, principles, and criteria prescribed in Articles 24, 28, and 35 of this Decree.

6. The Management Boards of the hi-tech parks shall be responsible for monitoring and evaluating the investment, construction, and development of the hi-tech parks; overseeing, assessing, and coordinating with relevant authorities and infrastructure owners to inspect and verify the details prescribed in the decisions on approval of the projects’ investment policies/the investment registration certificates or the written confirmations that the investment projects meet the hi-tech operation principles prescribed in this Decree, and the fulfillment of the requirements on planning, construction, land, environmental protection, science and technology, and relevant law regulations; guiding, resolving obstacles during the implementation of investment projects in the hi-tech parks; coordinating the handling of administrative violations in accordance with law regulations, deciding to suspend or partially suspend, terminate or partially terminate investment projects’ operations in the hi-tech parks in accordance with the law on investment.

7. Based on the development strategy and plan from time to time, the Management Board of the hi-tech park shall make and submit to the provincial-level People's Committee for issuance the list of investment attraction projects in the hi-tech park after obtaining the opinion of the Ministry of Science and Technology for hi-tech parks as defined in Article 31 of the Law on High Technology and the Ministry of Agriculture and Rural Development for agricultural zones applying high technology as defined in Article 32 of the Law on High Technology.

Article 20. To manage environmental protection, labor, occupational safety and health, fire prevention and fighting, security and social order, and other operations

1. The system of technical infrastructure facilities for environmental protection, fire prevention and fighting, security and social order protection, traffic safety, and other necessary operations within the hi-tech park shall be planned, designed, constructed, and operated in a coordinated manner, in line with the scale and investment progress of projects, ensuring operations within the hi-tech park and compliance with law regulations.

2. The Management Board of the hi-tech park shall coordinate with specialized State regulatory authorities, People's Committees at all levels, and relevant authorities to implement tasks related to environmental protection, labor, fire prevention and fighting, occupational safety and health, security and social order, and operations within the hi-tech park as prescribed by law.

Article 21. Management and operation of the technical infrastructure system

1. The Management Board of the hi-tech park shall organize the management, utilization, operation, and maintenance of the technical infrastructure system of the hi-tech park invested by the State and facilities transferred by Infrastructure owners as prescribed in Clause 2 of this Article, except for those prescribed in Clause 3 of this Article.

2. Infrastructure owners shall organize the management, operation, and maintenance of the technical infrastructure facilities that they have invested in or can transfer them to the Management Board of the hi-tech park or state-owned enterprises responsible for supplying electricity, water, and telecommunications in order to manage, operate, and maintain them, thereby ensuring the entire system is well-coordinated.

3. State-owned enterprises responsible for supplying electricity, water, and telecommunications shall organize the management, operation, and maintenance of the technical infrastructure facilities related to electricity, water, and telecommunications that they have invested in and have been transferred by the infrastructure owners as prescribed in Clause 2 of this Article.

4. The investment, construction, maintenance, and operation of technical infrastructure facilities in the hi-tech park must meet the following requirements:

a) They comply with the construction master plan and construction design approved by the competent authority;

b) The technical infrastructure facilities within the hi-tech park must be well-coordinated;

c) Operations of investment projects within the hi-tech park must be ensured.

5. Fees payable to use infrastructure invested by the State (including wastewater treatment fees) shall be deemed revenues to recover the ongoing costs of managing, operating, maintaining, and repairing the infrastructure system invested by the State, excluding the construction costs. On an annual basis, the Management Board of the hi-tech park issues or submits to the provincial-level People's Committee for issuance the fee schedule for using infrastructure invested by the State.

6. For hi-tech parks of which the construction of technical infrastructure systems is wholly or partially funded by the State Budget, the funds for managing, operating, and maintaining the technical infrastructure systems are sourced from the infrastructure usage fees collected from investors and from subsidies and financial assistances provided by the State Budget during the period when the hi-tech parks have not been fully occupied and the revenues are not sufficient to recover costs. The provision of financial assistances from the State Budget shall comply with regulations on the decentralization of State Budget governance.

7. Fees payable to use infrastructure invested by the infrastructure owner shall be deemed revenues to recover the ongoing costs of managing, operating, maintaining, repairing, and constructing the infrastructure system (applicable to projects on investment in construction and business of infrastructure as prescribed in Clause 2, Article 23 of this Decree) of the infrastructure owner.

8. The infrastructure owners shall set the prices of infrastructure usage fees; site preparation costs; selling or leasing prices for workshops, offices, warehouses; land sub-leasing prices for land where technical infrastructure is already constructed, and other service fees as prescribed by law and register the price brackets and types of fees with the Management Boards of the hi-tech parks. In the case where the infrastructure owners in the hi-tech parks receive partial investment from the State Budget for constructing the technical infrastructure system as prescribed in Clause 2, Article 23 of this Decree, the price brackets and types of fees must be approved by the Management Boards of the hi-tech parks.

The infrastructure owners shall register the price brackets and types of fees with the Management Boards of the hi-tech parks on a 06-monthly basis or in the case where they are increased by more than 10% compared to the registered levels. In case of necessity, based on the evaluation of relevant law regulations and the impact on the local investment and business environment, the Management Boards of the hi-tech parks shall organize the review of the price brackets and types of fees, and request the infrastructure owners to re-register the price brackets and types of fees as prescribed in this Clause.

9. Technical infrastructure system that is established with the State Budget and considered public property shall be managed and used in accordance with the law on management and use of public property.

Article 22. Exit, entry, temporary residence, and accommodation within the hi-tech parks

1. Foreign investors, experts, workers, and their family members (including parents, spouses, and children under 18 years old, or over 18 years old living with such persons) shall be considered for multiple-entry visas with a suitable validity period corresponding to the duration of direct work in the hi-tech park as prescribed.

2. Workers are allowed to temporarily reside or stay at the accommodation facilities within the hi-tech park to serve operations within the hi-tech park when the following conditions are met:

a) Accommodation facilities shall be located in specific areas at a safe distance from production areas and offices to ensure environmental safety and occupational safety and healthy as prescribed in law regulations on construction and other relevant law regulations; to maintain security and social order, and prevent disruptions to the production and business operations of enterprises within the hi-tech park;

b) Vietnamese workers shall temporarily reside or stay there in accordance with the law on residence. Foreign workers shall temporarily reside there in accordance with the law on foreigners’ entry into, exit from, transit through, and residence in Vietnam.

3. In cases of force majeure such as direct impact from natural disasters, environmental disasters, fires, epidemics, wars, protests, riots, or other emergencies, workers are allowed to stay or remain in enterprises within the hi-tech park in accordance with the following regulations:

a) Vietnamese workers are permitted to stay at the enterprises within the hi-tech park in accordance with the law on residence;

b) Foreign workers are allowed to remain in the enterprises within the hi-tech park for a period not exceeding 30 days and must declare their temporary residence in accordance with the law on foreigners’ entry into, exit from, transit through, and residence in Vietnam.

Article 23. Investment in construction and business of infrastructure within hi-tech parks

1. Investment in construction and business of infrastructure within a hi-tech park applies to the entire technical infrastructure system of such hi-tech park (in the case where the construction of the technical infrastructure system of the hi-tech park is not funded by the State Budget) or applies to a part of the technical infrastructure system of such hi-tech park (in the case where the construction of the technical infrastructure system of the hi-tech park is partially funded by the State Budget).

2. For a project on investment in the construction and business of infrastructure within a hi-tech park of which the construction of the technical infrastructure system is partially funded by the State Budget:

a) For the portions of land for construction of the technical infrastructure system and land used for public purposes under the approved zoning construction master plan within the scope of the project on investment in construction and business of infrastructure, the Management Board of the hi-tech park shall lease the land to the infrastructure owner for the latter to invest in constructing the technical infrastructure system and public areas. The infrastructure owner is allowed to lease the infrastructure they have invested to investors that conduct production and business within the scope of the project on investment in construction and business of infrastructure after completing the construction in line with the approved investment project stages;

b) For the portions of land serving projects on investment in production and business within the scope of the project on investment in construction and business of infrastructure (excluding the land prescribed at Point a of this Clause), depending on the progress of investment in constructing technical infrastructure systems and the investment attraction plan, the Management Board of the hi-tech park shall hand over the land to the infrastructure owner to prepare the site or construct workshops, offices, and warehouses for rent. After completing the site preparation or construction of workshops, offices, and warehouses, the infrastructure owner shall hand over the land back to the Management Board of the hi-tech park.

The infrastructure owner is allowed to lease the technical infrastructure system it has invested in, and the workshop, offices, and warehouses to investors within the scope of the project on investment in construction and business of infrastructure and receive payments from such investors for using the infrastructure as prescribed in Clause 7, Article 21 of this Decree, including site preparation costs (if any), rentals or payments for purchase of workshops, offices, and warehouses, and other fees as prescribed (if any);

c) In the case where the infrastructure owner invests in the construction of workshops, offices, and warehouses for rent, it shall be granted a Certificate of ownership of the workshop on the land in accordance with the land law in the case where the owner of the construction is not the land user and is allowed to lease the workshop in accordance with the law regulations;

d) In the case where the infrastructure owner voluntarily advances money for compensation and site clearance under the plan approved by the competent State authority with respect to the land area prescribed at Point a of this Clause, the amount advanced shall be included in the project investment costs.

In the case where the infrastructure owner advances money for compensation and site clearance with respect to the land directly leased by the investors from the State as prescribed at Point b of this Clause, the investors shall reimburse the infrastructure owner the compensation and site clearance costs that the infrastructure owner has advanced under the plan approved by the competent authority. Such amounts may be deducted from the site clearance compensation reimbursements and the land rentals that the investors must pay to the State.

3. For projects on investment in the construction and business of infrastructure within the hi-tech parks of which the construction of the technical infrastructure system is not funded by the State Budget:

a) Infrastructure owners may be leased land by the State to implement projects on investment in construction and business of technical infrastructure in hi-tech parks.

b) The infrastructure owner may sub-lease the land where the technical infrastructure system has been constructed as well as the offices, workshops, and warehouses in accordance with the law on investment, construction, land, real estate business, and relevant law regulations;

c) For any investment project that must fulfill the principles and criteria prescribed in Article 28 or Article 35 of this Decree, the infrastructure owner may sub-lease the land where the technical infrastructure system has been constructed as well as the offices, workshops, and warehouses after the Management Board issues a written confirmation that the investment project meets the hi-tech operation principles prescribed in Clause 4, Article 19 and Article 26 of this Decree;

d) In the case where the infrastructure owner voluntarily advances money for compensation and site clearance under the plan approved by the competent State authority, the amount advanced shall be included in the project investment costs.

Article 24. Conditions for investors in projects on investment on construction and business of infrastructure within hi-tech parks

1. Investors in projects on investment on construction and business of infrastructure within hi-tech parks must meet the following conditions:

a) Real estate business conditions as prescribed by the law on real estate business;

b) Conditions to be allocated or leased land by the State, or to change land use purposes to implement the projects on investment in construction and business of infrastructure in hi-tech parks as prescribed by the land law and other relevant law regulations.

In case the investor undertaking the project on investment in construction and business of infrastructure in the hi-tech park is a foreign-invested economic institution expected to be established in accordance with the law on investment and enterprises, the expected economic institution must have the capability to meet the conditions to be allocated or leased land by the State, or to change land use purposes as prescribed by the land law and other relevant law regulations.

2. In the case where investors undertake projects on investment in construction and business of infrastructure in accordance with Article 3 of this Decree, in addition to the conditions prescribed in Article 1 of this Decree, they must also meet the following conditions when carrying out procedures to request for approval of investment policies and during the project implementation process:

a) Registering and committing to the business lines and types of investment projects to be attracted to the hi-tech parks based on the development directions for such hi-tech parks stated in the approved project proposals regarding the establishment or expansion of such hi-tech parks under the Decisions on the establishment or expansion of such hi-tech parks by the Prime Minister; committing to attracting investment projects currently involving high technology that meet the principles and criteria prescribed in Articles 28 and 35 of this Decree;

b) Developing and implementing mechanisms to monitor and supervise the implementation of investment projects and the fulfillment of commitments to meeting the principles and criteria for investment projects as prescribed in Articles 28 and 35 of this Decree, and submitting annual or ad-hoc reports on the results thereof to the Management Boards of the hi-tech parks.

3. If the method of selecting an investor through bidding is applied, the evaluation criteria for selecting an investor to implement the project on investment in construction and business of infrastructure within a hi-tech park include:

a) The criteria for evaluating the investor's capacity shall be developed on the basis of the conditions prescribed in Clause 1 of this Article and Clause 2 of this Article (in the case where the investor undertakes a project on investment in construction and business of infrastructure as prescribed in Clause 3, Article 23 of this Decree);

b) The criteria for evaluating the investor's experience shall be developed on the basis of the scale, area, progress, and implementation status of the project on investment in construction and business of infrastructure in the hi-tech park or other real estate projects that the investor has implemented or contributed capital to implement; the owner, member, and founding shareholder being an organization of the investor who has implemented or contributed capital to implement such projects;

c) The criteria for technical evaluation shall be developed on the basis of the details of the decision on approval of the construction master plan of the hi-tech park, the decision approval of the investment policy of the project on investment in construction and business of infrastructure in the hi-tech park issued by the competent authority, and other relevant law regulations;

d) The criteria for financial and commercial evaluation shall be developed on the basis of the details of the decision approval of the investment policy of the project on investment in construction and business of infrastructure in the hi-tech park issued by the competent authority, and other relevant law regulations related to the selection of investors for land-using projects.

Article 25. Rights and Responsibilities of investors implementing investment projects and infrastructure owners in hi-tech parks

1. Investors implementing investment projects in hi-tech parks and infrastructure owners, in addition to their general rights and obligations as prescribed by the law on investment and enterprises, this Decree, and other relevant law regulations, also have the following rights and obligations:

a) To comply with regulations on security, social order, occupational safety and health, construction quality, environmental protection, and fire prevention; pay the payables, fees, and charges as prescribed;

b) To coordinate with the police and competent State authorities to develop plans to prevent fires and explosions, and ensure local security, order, and social safety;

c) To report to local investment registration authorities and State regulatory authorities in charge of statistics on the implementation status of investment projects as prescribed in the law regulations on investment;

d) Investors using land, workshops, offices, and warehouses within the scope of the projects on investment in construction and business of infrastructure as prescribed in Clause 2, Article 23 of this Decree shall be responsible for paying fees to use infrastructure invested in by the State as prescribed in Clause 5, Article 21 of this Decree; fees to use infrastructure invested in by the infrastructure owner as prescribed in Clause 7, Article 21 of this Decree; rentals for workshops, offices, and warehouses, and site preparation costs (if any);

dd) Investors using land, workshops, offices, and warehouses within the scope of the projects on investment in construction and business of infrastructure as prescribed in Clause 3, Article 23 of this Decree shall be responsible for paying the infrastructure owner the rentals for land, workshops, offices, and warehouses (if any), and fees to use infrastructure invested in by the infrastructure owner as prescribed in Clause 7, Article 21 of this Decree.

2. In addition to Clause 1 of this Article, investors using land, offices, factories, and warehouses to implement investment projects as prescribed in Article 28 and Article 35 of this Decree must meet the principles applicable to each respective type of investment projects.

The investor's commitments to fulfilling the principles and criteria prescribed in Articles 28 and 38 of this Decree shall be recorded in the decision on approval of the project’s investment policy/the investment registration certificate/the decision on land allocation without land use levy/decision on land lease/land lease (sublease) contract or the written confirmation that the investment project meets the hi-tech operation principles prescribed in this Decree as the basis for monitoring and evaluating investment, inspecting, examining, and handling non-performance, including: ineligibility for investment incentives, suspension or partial suspension, termination or partial termination of project operations if, after a period of 01 year or the period prescribed in the decision on suspension of operations, the investor fails to rectify violations in accordance with the law on investment and relevant law regulations.

3. In addition to Clause 1 of this Article, the infrastructure owner shall have the following rights and obligations:

a) To lease, agree, and cooperate with other investors to invest in the construction, maintenance, and operation of infrastructure facilities in the hi-tech industrial park or share the use of infrastructure facilities inside and outside the perimeter of the hi-tech industrial park in accordance with the civil law regulations and other and relevant law regulations;

b) To collect amounts prescribed in Clause 8, Article 21 of this Decree;

c) To coordinate with the Management Board of the hi-tech park, the tax office, and relevant authorities in the inspection, examination, supervision, and handling of violations in connection with the implementation of regulations within the scope of the project on investment in construction and business of infrastructure within the hi-tech industrial park;

d) In the case where the project on investment in construction and business of infrastructure within the hi-tech industrial park of which the construction of the technical infrastructure system is not funded by the State Budget as prescribed in Clause 3, Article 23 of this Decree, the infrastructure owner must fulfill the conditions prescribed in Clause 2, Article 24 of this Decree.

Article 26. Process and procedures for confirming that an investment project meets the hi-tech operation principles prescribed in Clause 4, Article 19 of this Decree

1. The investor shall prepare one dossier of registration for confirmation that the investment project meets the hi-tech operation principles and submits it to the Management Board of the hi-tech park (in person or via the postal service).

 

2. The dossier for confirmation that an investment project meets the hi-tech operation principles consists of:

a) A written request for implementation of the investment project, including commitments to bear all costs and risks if the project is evaluated as unsatisfactory;

b) Documents proving the legal status of the investor;

c) An investment project proposal, including the following main details: explanations and commitments to meeting each of the principles and criteria prescribed in Articles 28 and 35 of this Decree; the project’s objectives, scale, capital, and investment schedule; the labor and land use demands; the proposed investment incentives; and the preliminary environmental impact assessment;

d) Other documents (if any).

3. Within a period of 01 working days from the receipt of complete dossiers, the Management Board of the hi-tech park shall send a dossier to the authorities for their comments as follows:

a) For a hi-tech park as defined in Article 31 of the Law on High Technology, the Management Board of the hi-tech park shall send the dossier to seek the comments of the provincial-level Departments of Science and Technology, Planning and Investment, Natural Resources and Environment, and other relevant authorities depending on the scope and relevant fields;

b) For an agricultural zone applying high technology as defined in Article 32 of the Law on High Technology, the Management Board of the hi-tech park shall send the dossier to seek the comments of the provincial-level Departments of Agriculture and Rural Development, Science and Technology, Planning and Investment, Natural Resources and Environment, and other relevant authorities depending on the scope and relevant fields.

4. Within a period of 07 working days from the date of receiving a complete dossier, the consulted authority shall provide its opinion on whether the investment project of the respective type meets the principles and criteria prescribed in Articles 28 and 35 of this Decree.

5. Within a period of 15 working days from the date of receiving a complete dossier, the Management Board of the hi-tech park shall evaluate the dossier and prepare a report on the evaluation of the compliance of the investment project of the respective type with the principles prescribed in Articles 28 and 35 of this Decree.

6. In case the evaluation shows that the requirements are met, within 01 working day, the Management Board of the hi-tech park shall send to the investor and the infrastructure owner a written confirmation that the investment project meets the hi-tech operation principles as a basis for land sub-leasing or rent of workshops, offices, and warehouses.

7. In the case where the registration dossier is incomplete or invalid, or the evaluation as prescribed with Clause 5 of this Article shows that the requirements are not met, within 01 working day from the date of receiving the registration dossier or having the results of the evaluation on the investment project, the Management Board of the hi-tech park shall notify the investor and the infrastructure owner in writing, stating the reasons for such unsatisfaction.

 

Chapter IV

HI-TECH OPERATIONS IN HI-TECH PARKS

 

Section 1

HI-TECH OPERATIONS IN HI-TECH PARKS AS DEFINED IN ARTICLE 31 OF THE LAW ON HIGH TECHNOLOGY

 

Article 27. Types of hi-tech operations in hi-tech parks

The types of hi-tech operations in hi-tech parks include: research and development of high technology; application of high technology; high technology incubation, hi-tech business incubation; training of hi-tech human resources; exhibitions, trade shows, demonstrations of high technology, showcases of hi-tech products resulting from research and application of high technology, and technology transfer; production and business of hi-tech products; provision of hi-tech services.

Article 28. Principles for investment projects involving hi-tech operations in hi-tech parks

1. The objectives and detailed operations of the investment projects are in line with the tasks of the hi-tech parks as prescribed in Article 2, Article 31 of the Law on High Technology

2. Environmentally friendly and energy-saving measures are taken.

3. They align with the master plans and the technical infrastructure and social infrastructure capabilities of the hi-tech parks, as well as relevant law regulations.

4. Investors proposing investment projects must have financial capability or be able to mobilize other legal resources to meet the capital requirements for investment in construction, maintenance, and operation of the respective projects; have technological and managerial capacity to ensure that the investment project is implemented on schedule and according to plans.

5. Priority is given to investment projects with higher investment rates (project investment costs per unit of land area) compared to the average investment rate within the same functional zone.

6. In addition to the principles prescribed in Clauses 1, 2, 3, and 4 of this Article, each type of investment projects must meet the respective criteria as prescribed in Clause 2, Article 29, Clause 2, Article 30, Clause 2, Article 31, Clause 1, Article 32, and Clause 1, Article 33 of this Decree.

Article 29. Research and development of high technology

1. Operations regarding research and development of high technology in the hi-tech parks include: researching and mastering transferred or imported high technology; solving hi-tech problems; researching, experimenting, and test-producing to create high technology and novel technology to replace imported technology from foreign countries; researching and improving high technology applications in manufacturing novel products and hi-tech products, supplying hi-tech services, transferring high technology; training of hi-tech human resources associated with the above operations.

2. Projects on investment in hi-tech research and development facilities within the hi-tech parks, in addition to the principles prescribed in Articles 1, 2, 3, and 4, Articles 28 of this Decree, must also meet the following criteria:

a) They have objectives, plans, and roadmaps for hi-tech research and development in both the short and long term; have plans for technology transfer, collaboration, commercialization, and application to create hi-tech products and services;

b) Technologies and products of the investment project shall be consistent with the list of high-tech products of which the investment in development is prioritized or the list of high-tech products of which the development is encouraged, which are issued under the Prime Minister's decisions. In case the technology or products of the investment project is novel or advanced but not listed in the above-mentioned lists, the Management Board of the hi-tech park shall report to the Ministry of Science and Technology for the Ministry of Science and Technology to seek the Prime Minister's opinions on approving the technology or products resulting from the research and development of the investment project;

c) High technology is created to replace imported high technology and applied in the production of hi-tech products; creates key products for economic sectors to replace imported products;

d) They comply with quality management standards and technical regulations on the environment in the field of operation of the investment project in accordance with legislation.

dd) They meet criteria regarding labor and human resources engaged in research and development operations, expenditure rates and detailed expenditures for research and development operations, machinery and equipment serving research and development as prescribed by the Ministry of Science and Technology.

Article 30. Training of hi-tech human resources

1. The operations regarding training of hi-tech human resources include: training a contingent of individuals with the qualifications and skills to meet the requirements of hi-tech research, development, and application; establishing strong research teams and modern hi-tech training facilities; collaborating with universities and research institutions outside the hi-tech parks to train undergraduate, master's, and doctoral levels in priority technology fields as prescribed in the Law on High Technology and the list of high-tech products of which the investment in development is prioritized; training and providing highly skilled human resources in operating hi-tech equipment and production lines, providing hi-tech services, and managing hi-tech operations.

2. Projects on investment in facilities for training of hi-tech human resources within the hi-tech parks, in addition to the principles prescribed in Articles 1, 2, 3, and 4, Article 28 of this Decree, must also meet the following criteria:

a) Training research teams, managerial staff, and hi-tech production technicians; attracting foreign volunteers and Vietnamese experts abroad to participate in hi-tech human resource training operations in the hi-tech parks;

b) Having specific plans and roadmaps for development of hi-tech human resources; complying with current regulations on training and developing the human resources in Vietnam;

c) Orienting the formation of strong scientific research teams; developing hi-tech human resource training facilities to international standards.

Article 31. High technology incubation and hi-tech business incubation

1. A project chosen by a high technology incubator or a hi-tech incubation center to be incubated must not only comply with the principles prescribed in Clauses 1, 2, 3, and 4, Article 28 of this Decree, but also create high technology and hi-tech products as listed in the list of high-tech products of which the investment in development is prioritized or the list of high-tech products of which the development is encouraged, which are issued under the Prime Minister's decisions.

The Management Boards of the hi-tech parks shall be responsible for monitoring, supervising, and guiding the organization of project selection as prescribed in this Clause.

2. Projects on investment in high technology incubators and hi-tech business incubation centers, in addition to meeting the principles prescribed in Clauses 1, 2, 3, and 4, Article 28 of this Decree, must also meet the conditions for high technology incubators and hi-tech business incubation centers as prescribed by the Ministry of Science and Technology.

Article 32. Application of high technology to produce hi-tech products

1. Projects on investment in application of high technology to produce hi-tech products, in addition to the principles prescribed in Articles 1, 2, 3, and 4, Article 28 of this Decree, must also meet the following criteria:

a) The technologies applied to the investment project are listed on the list of high-tech products of which the investment in development is prioritized, which is issued under the Prime Minister's decision.

b) They use energy in an economical and efficient manner;

c) The quality management system meets international industry standards;

d) The investment projects comply with technical standards and regulations on the environment in the field of operation in accordance with Vietnamese legislation. It is encouraged to achieve ISO 14000 or equivalent standards.

dd) They meet the criteria for revenue ratio from hi-tech product manufacturing, labor and human resources, research and development personnel, technology application, expenditure ratio for technology research, development, and application operations, and technology lines as prescribed by the Ministry of Science and Technology.

2. Export-processing enterprises within a hi-tech park are companies established within such hi-tech park to undertake investment projects as prescribed in this Article, specializing in manufacturing products for export and separated from the outside area in accordance with regulations applicable to the non-tariff area in the law regulations on export and import taxes.

The investment procedures and policies for export-processing enterprises shall comply with Clause 2, Article 16 of this Decree.

Article 33. Provision of hi-tech services.

A project on investment in provision of hi-tech services must comply with the principles prescribed in Clauses 1, 2, 3, and 4, Article 28 of this Decree and the hi-tech services to be provided shall be listed in the list of high-tech products of which the investment in development is prioritized and the list of high-tech products of which the development is encouraged, which are issued under the Prime Minister's decisions.

 

Section 2
HI-TECH OPERATIONS IN AGRICULTURAL ZONES APPLYING HIGH TECHNOLOGY AS DEFINED IN ARTICLE 32 OF THE LAW ON HIGH TECHNOLOGY

 

Article 34. Types of hi-tech operations in agricultural zones applying high technology

Hi-tech operations in agricultural zones applying high technology include: applied research, testing, demonstration of hi-tech agricultural production models; linking research operations with the application of high technology and the production of hi-tech agricultural products; training hi-tech agricultural human resources; organizing exhibitions, fairs, and showcases of hi-tech agricultural products.

Article 35. Principles for investment projects involving hi-tech operations in agricultural zones applying high technology

1. The objectives and detailed operations of the investment projects are in line with the tasks of the agricultural zones applying high technology as prescribed in Article 2, Article 32 of the Law on High Technology

2. Environmentally friendly and energy-saving measures are taken and commitments are made to reducing greenhouse gas emissions, with roadmaps toward achieving net zero emissions.

3. They align with the technical infrastructure and social infrastructure capabilities of the agricultural zones applying high technology.

4. Investors proposing investment projects must have financial capability or be able to mobilize other legal resources to meet the capital requirements for investment in construction, maintenance, and operation of the respective projects; have technological and managerial capacity to ensure that the investment project is implemented on schedule and according to plans.

5. In addition to the principles prescribed in Clauses 1, 2, 3, and 4 of this Article, each type of investment projects must meet the respective criteria as prescribed in Clause 2, Article 36, Clause 2, Article 37, Clause 2, Article 38, and Clause 1, Article 39 of this Decree.

Article 36. Applied research of high technology

1. The operations regarding applied research of high technology in agricultural zones applying high technology include: linking research operations, adaptive research, mastering transferred high technology and imported high technology; researching to improve, experimenting, and developing high technology applied in agricultural production, demonstrating models of agricultural production applying high technology, and transferring high technology.

2. Projects on investment in facilities for applied research of high technology within agricultural zones applying high technology, in addition to the principles prescribed in Articles 1, 2, 3, and 4, Articles 35 of this Decree, must also meet the following criteria:

a) They have objectives, plans, and research roadmaps; plans for technology transfer, commercialization, and application of high technology in agricultural product production and hi-tech services;

b) Technologies of the investment project shall be consistent with the list of high-tech products of which the investment in development is prioritized, which is issued under the Prime Minister's decision. In case the technology of the investment project is novel or advanced but not included in the aforementioned list, the Management Board of the hi-tech park shall report to the Ministry of Agriculture and Rural Development for coordination with the Ministry of Science and Technology to seek the Prime Minister's approval for the research and application technology of the investment project;

c) They create key products in the agricultural sector that replace imported products and increase exports; develop technologies to leverage advantages and overcome limitations related to natural conditions, weather, climate change scenarios, and disease prevention and control;

d) They comply with quality management standards and technical regulations on the environment in the field of operation of the investment project in accordance with legislation.

dd) They meet criteria regarding labor and human resources engaged in research operations, expenditure rates and detailed expenditures for research operations as prescribed by the Ministry of Agriculture and Rural Development.

Article 37. Training of hi-tech agricultural human resources

1. The operations regarding training hi-tech agricultural human resources include: training human resources associated with operations regarding applied research, training a contingent of individuals with the necessary qualifications and skills to meet the demands of hi-tech research and application operations; establishing robust research teams; collaborating with universities, research institutes, and external research facilities outside the agricultural zones applying high technology to provide training at undergraduate, master's, and doctoral levels in priority agricultural fields as prescribed in the Law on High Technology and the list of high-tech products of which the investment in development is prioritized; training and providing human resources capable of mastering and applying high technology in agricultural production and providing hi-tech services, as well as managing hi-tech operations.

2. Projects on investment in facilities for training of hi-tech human resources within agricultural zones applying high technology, in addition to the principles prescribed in Articles 1, 2, 3, and 4, Article 35 of this Decree, must also meet the following criteria:

a) Training research teams, managerial staff, and agricultural technicians applying high technology; attracting domestic and foreign experts to participate in hi-tech human resource training operations in the agricultural zones applying high technology;

b) Having specific plans and roadmaps for development of hi-tech human resources; complying with current regulations on training and developing the human resources in Vietnam.

Article 38. Application of high technology to produce agricultural products

1. Project on investment in application of high technology to produce agricultural products means a project that utilizes high technology listed in the list of high-tech products of which the investment in development is prioritized issued under the Prime Minister's decision to produce agricultural products with high quality, productivity, value, and efficiency. It involves operations such as research and test application of high technology, and technology transfer to serve production.

2. Projects on investment in application of high technology to produce agricultural products, in addition to the principles prescribed in Articles 1, 2, 3, and 4, Article 35 of this Decree, must also meet the following criteria:

a) The technologies applied to the investment project are listed on the list of high-tech products of which the investment in development is prioritized, which is issued under the Prime Minister's decision. In case the technology of the investment project is novel or advanced but not listed in the aforementioned categories, the Management Board of the hi-tech park shall report to the Ministry of Agriculture and Rural Development, and the Ministry of Science and Technology shall coordinate with the Ministry of Agriculture and Rural Development to seek the Prime Minister's opinion on approving the application of the technology for the investment project;

b) They use energy in an economical and efficient manner;

c) The quality management system meets international industry standards;

d) The investment projects comply with technical standards and regulations on the environment in the field of operation in accordance with Vietnamese legislation. It is encouraged to achieve ISO 14000 or equivalent standards.

dd) They meet the criteria for revenue ratio from production of products applying high technology, human resources directly performing the operations regarding applied research of high technology, expenditure ratio for operations regarding applied research of high technology, and technology lines as prescribed by the Ministry of Agriculture and Rural Development.

Article 39. Provision of hi-tech services for agriculture

A project on investment in provision of hi-tech services must comply with the principles prescribed in Clauses 1, 2, 3, and 4, Article 35 of this Decree and the hi-tech services to be provided shall be listed in the list of high-tech products of which the investment in development is prioritized and the list of high-tech products of which the development is encouraged, which are issued under the Prime Minister's decisions.

 

Chapter V

STATE GOVERNANCE OF HI-TECH PARKS

 

Article 40. Details of state governance of hi-tech parks

1. Formulating and directing the implementation of the hi-tech park construction orientations in regional master plans, the hi-tech park development schemes in provincial master plans, and the plans for investment in construction and development of the hi-tech parks.

2. Issuing, guiding, disseminating, and organizing the implementation of policies, law regulations, standards, and technical regulations related to the establishment, investment, planning, construction, land, environmental protection, science and technology, labor, security, social order, fire prevention and fighting, and operations of the hi-tech parks; developing and managing the national hi-tech park information system.

3. Organizing the State governance operations, carrying out administrative procedures, and providing related support services related to hi-tech operations, investment, production, and business operations of investors, organizations, and individuals in the hi-tech parks.

4. Organizing supervision, evaluation, inspection, examination, handling of violations, and evaluation of investment effectiveness in the hi-tech park; providing information, guidance, support, and timely resolution of arising issues; resolving complaints, denunciations, and commendations during the formation and development of the hi-tech parks.

5. Organizing investment promotion operations in the hi-tech parks; participating in international integration operations related to science and technology, international cooperation on high technology and hi-tech parks.

6. Establishing organizational structure, and providing training and professional development for State regulatory authorities with respect to hi-tech parks.

Article 41. Responsibilities for State governance of hi-tech parks

1. The Government centrally manages the State governance over hi-tech parks nationwide based on the assignment of specific tasks and decentralization of powers to each ministry, ministerial-level authority, provincial-level People's Committee, and Management Board of each hi-tech park as prescribed in this Decree; direct the development and implementation of development plans and master plans, and adopt policies and legal documents on hi-tech parks.

2. The Prime Minister has the rights and responsibilities to:

a) Direct ministries, ministerial-level authorities, provincial-level People's Committees, and the Management Boards of the hi-tech parks to implement law regulations and policies regarding hi-tech parks;

b) Decide on the establishment, expansion, and issuance operational regulations of hi-tech parks; decide on the establishment of the Management Boards of the hi-tech parks (unless otherwise prescribed by law); approve and adjust the construction master plans of hi-tech parks;

c) Direct the handling and resolution of issues arising during the investment, establishment, operation, and management of hi-tech parks beyond the jurisdiction of ministries, ministerial-level authorities, and provincial-level People's Committees.

3. Within their respective functions, tasks, and powers, ministries, ministerial-level authorities, and provincial-level People's Committees shall:

a) Perform the functions of State governance over hi-tech parks related to sectors, fields, and administrative units within their jurisdiction;

b) Provide guidance and specify the delegation or authorization to the Management Boards of the hi-tech parks to carry out certain State governance tasks within their jurisdiction as prescribed by this Decree and relevant law regulations.

The delegation and authorization shall be carried out based on the principle of ensuring stability, facilitating the implementation of the "on-site single-window" administrative mechanism, supporting investors in carrying out investment and business operations in the hi-tech parks, and aligning with the capacity and organizational expertise of the Management Boards of the hi-tech parks;

c) For tasks of State governance that are not decentralized or authorized as prescribed at Point b of this Clause, the ministries, ministerial-level authorities, and provincial-level People's Committees shall direct the development of coordination mechanisms between relevant functional units and the Management Boards of the hi-tech parks during the implementation process to ensure the effectiveness of State governance operations in the hi-tech parks;

d) Inspect, supervise, and take appropriate actions against violations within the scope of State governance competence concerning the Management Boards of the hi-tech parks and investors undertaking investment projects in the hi-tech parks.

Article 42. Powers and responsibilities of the Ministry of Science and Technology for State governance

1. To assume the prime responsibility for assisting the Government to unify the State governance of hi-tech parks.

2. To assume the prime responsibility and coordinate with the provincial-level People's Committees and relevant authorities to propose to the Prime Minister decisions on establishing, expanding, and issuing operational regulations of hi-tech parks as prescribed in Article 31 of the Law on High Technology.

3. To assume the prime responsibility and coordinate with ministries, ministerial-level authorities, provincial-level People's Committees, Management Boards of the hi-tech parks, and relevant organizations in implementing State governance tasks regarding hi-tech parks as prescribed in Article 31 of the Law on High Technology.

a) To draft legal documents and policies on the management and development of hi-tech parks, then submit them to competent state authorities for issuance or issue them under delegated authority;

b) To develop and implement international cooperation operations and international integration in science and technology for hi-tech parks;

c) To establish databases and national information systems on hi-tech parks within the national database system on science and technology; issue reporting regimes on hi-tech parks; provide information on hi-tech parks to relevant government authorities; guide the development of evaluation criteria for the results and effectiveness of science and technology, socio-economic aspects of hi-tech parks;

d) To propose details for promoting investment in hi-tech parks in the National Investment Promotion Program to be submitted to the Ministry of Planning and Investment for synthesis; give opinions on the list of projects attracting investment in hi-tech parks to the provincial-level People's Committees; coordinate in developing and implementing international cooperation and integration related to science and technology in hi-tech parks;

dd) To provide guidance, training, and relevant professional improvement for the Management Boards of the hi-tech parks;

e) To coordinate and organize monitoring, inspection, and auditing of investment, construction, development, and operations within the hi-tech parks;

g) To summarize and evaluate the results of the construction, operation, and socio-economic effectiveness of the hi-tech parks.

4. To seek the Prime Minister's approval for the technologies and products of projects on investment in facilities for applied research of high technology as prescribed at Point b, Clause 2, Article 29 of this Decree; coordinate with the Ministry of Agriculture and Rural Development to seek the Prime Minister's approval for the technologies and products of projects on investment in facilities for applied research of high technology as prescribed at Point b, Clause 2, Article 36 and Point a, Clause 2, Article 38 of this Decree in case the technologies or products of such investment projects are novel or advanced but are not listed in the list of high-tech products of which the investment in development is prioritized and the list of high-tech products of which the development is encouraged, which are issued under the Prime Minister's decisions.

5. The Ministry of Construction, the Ministry of Natural Resources and Environment, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Industry and Trade, and other relevant ministries and authorities shall coordinate with each other in guiding the decentralization and authorization of the State governance powers over hi-tech parks as prescribed in Article 31 of the Law on High Technology to the Management Boards of the hi-tech parks.

Article 43. Powers and responsibilities of the Ministry of Agriculture and Rural Development for State governance

The Ministry of Agriculture and Rural Development shall have the following powers and responsibilities for the management of agricultural zones applying high technology as defined in Article 32 of the Law on High Technology:

1. To assume the prime responsibility and coordinate provincial-level People's Committees and relevant authorities to propose to the Prime Minister decisions on establishing, expanding, and issuing operational regulations of agricultural zones applying high technology.

2. To assume the prime responsibility for, and coordinate with ministries, ministerial-level authorities, provincial-level People's Committees, Management Boards of the hi-tech parks, and relevant organizations:

a) To draft legal documents and policies on the management and development of agricultural zones applying high technology;

b) To propose details for promoting investment in agricultural zones applying high technology in the National Investment Promotion Program to be submitted to the Ministry of Planning and Investment for synthesis; give opinions on the list of projects attracting investment in agricultural zones applying high technology to the provincial-level People's Committees; coordinate in developing and implementing international cooperation and integration related to science and technology in agricultural zones applying high technology;

c) To issue reporting regimes on agricultural zones applying high technology; provide information on agricultural zones applying high technology to relevant Government authorities; assume the prime responsibility for, and coordinate with the Ministry of Science and Technology in building a national database and information system on agricultural zones applying high technology within the national science and technology database system and provide guidance on building indicators to assess the results, scientific and technological efficiency, and socio-economic efficiency of agricultural zones applying high technology;

d) To provide guidance, training, and relevant professional improvement for the Management Boards of the hi-tech parks;

dd) To coordinate and organize monitoring, inspection, and auditing of investment, construction, development, and operations within the agricultural zones applying high technology;

e) To summarize and evaluate the results of the construction, operation, and socio-economic effectiveness of the agricultural zones applying high technology.

3. To assume the prime responsibility for, and coordinate with the Ministry of Science and Technology in seeking the Prime Minister's approval for the technologies of projects on investment in facilities for applied research of high technology as prescribed at Point b, Clause 2, Article 36 of this Decree and projects on investment in application of high technology to produce hi-tech products as prescribed at Point a, Clause 2, Article 38 of this Decree in the case where the technologies of such projects are novel or advanced but are not listed in the list of high-tech products of which the development is encouraged, which is issued under the Prime Minister's decision.

4. The Ministry of Construction, the Ministry of Natural Resources and Environment, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Industry and Trade, and other relevant ministries and authorities shall coordinate with each other in guiding the decentralization and delegation of the State governance powers over agricultural zones applying high technology to the Management Boards of the hi-tech parks.

Article 44. Powers and responsibilities of ministries and ministerial-level authorities for State governance

In addition to the State governance powers and responsibilities for hi-tech parks as prescribed in Clause 3, Article 41 of this Decree, the following ministries and ministerial-level authorities shall have the powers and responsibilities as follows:

1. The Ministry of Planning and Investment, in coordination with the Ministry of Science and Technology and the Ministry of Agriculture and Rural Development, shall be responsible for developing plans, policies, solutions, and resources to implement the hi-tech park development orientations in regional master plans; formulating and organizing the implementation of plans, national investment promotion programs, and coordinating inter-regional and inter-provincial investment promotion operations, including investment promotion in hi-tech parks.

2. The Ministry of Finance shall guide the implementation of Clause 5, Article 14 of this Decree.

3. The Ministry of Home Affairs shall appraise the project proposals regarding the establishment or reorganization of the Management Boards of hi-tech parks in the case where they are to be established under the Prime Minister’s decisions.

4. The Ministry of Labor, Invalids and Social Affairs shall guide the implementation of Clause 12, Article 47 of this Decree.

5. The Ministry of Industry and Trade shall provide guidance to and authorize the Management Boards of the hi-tech parks to issue Certificates of Origin for goods manufactured within the hi-tech parks when they meet the conditions for such authorization.

6. The Ministry of Construction shall provide guidance on implementing State governance tasks related to: construction master plans; development, management, operation, exploitation, handover of technical infrastructure systems, and provision of technical infrastructure services; construction operations within hi-tech parks.

7. The Ministry of Public Security shall provide guidance on implementation and direct the implementation of operations to ensure security, social order, fire prevention and fighting, exit, entry, and residence of foreigners within hi-tech parks.

8. The Government Inspectorate, in coordination with relevant ministries, sectoral authorities, and provincial-level People's Committees, shall guide and organize the implementation of inspection, examination, handling of violations, settlement of complaints, denunciations, and anti-corruption efforts within hi-tech parks in accordance with law regulations.

Article 45. Responsibilities of the provincial-level People’s Committees for State governance

1. To propose details of the hi-tech park construction orientations to be included regional master plans; assume the prime responsibility for formulating hi-tech park development schemes to be included in the provincial master plans, and providing guidance on implementation thereof after the regional and provincial master plans are approved.

2. To prepare dossiers proposing the establishment or expansion of hi-tech parks; establish or reorganize Management Boards of hi-tech parks.

3. For hi-tech parks of which the construction of technical infrastructure systems is wholly or partially funded by the State Budget: Develop plans on investment in development of the hi-tech parks and propose financial assistances from the central budget to be invested in the construction of the hi-tech parks; prepare estimates and allocations from local budget to be invested in construction and provided as assistances for investment and facilitation of operations of the hi-tech parks, then submit them to provincial-level People's Councils for decision-making; mobilize other lawful sources of capital to be invested in the construction and development of the hi-tech parks.

4. To decide to appoint or relieve individuals from the positions of Heads and Deputy Heads of the Management Boards of the hi-tech parks.

5. To develop plans and master plans, and organize investments in construction of technical infrastructure and social infrastructure systems outside the perimeter of the hi-tech parks to ensure seamless connectivity and alignment with the scale and progress of the hi-tech parks.

6. To assume the prime responsibility and coordinate with the Ministry of Construction (in the case of inter-provincial hi-tech parks where the general construction master plans falls under the approval competence of the Prime Minister) in formulating, adjusting, and publicly announcing; directing the development of programs and plans, and implementation of hi-tech park construction master plans within the administrative jurisdiction under its management, in accordance with the law on construction.

7. To decide to allocate land to the Management Board of the hi-tech park for administration, organization of construction, and development of the hi-tech park under the approved construction master plan; direct and organize the land recovery, compensation, support, and resettlement to clear the land for the hi-tech park in accordance with the land law.

8. To lease land and direct the implementation of investment procedures for projects on investment in construction and business of infrastructure during the period before the establishment of the Management Board of the hi-tech park in accordance with the law on investment.

9. To adopt policies and allocate resources to support investment attraction and worker recruitment into the hi-tech parks within their competence; prioritize projects and operations within the hi-tech parks to participate in local support programs for science and technology, high technology, and innovative start-ups; propose operations to be included in the National Investment Promotion Program; formulate and implement programs and plans for investment promotion, cooperation, and international integration in science and technology for the hi-tech parks.

10. To announce the list of investment projects attracted to the hi-tech parks from time to time.

11. To direct and organize the implementation of State governance tasks within the hi-tech parks, issue and supervise the implementation of coordination regulations between the Management Boards of the hi-tech parks and authorities under the provincial-level People's Committees; decentralize and authorize and instruct the authorization to the Management Boards of the hi-tech parks in fields such as science and technology, planning, construction, land, investment, environmental protection, labor, occupational safety and health, food safety, fire prevention and fighting, security and social order, and other operations; facilitate the coordination of administrative procedures and other operations within the hi-tech parks in accordance with law regulations.

12. To monitor and evaluate the overall investment in the hi-tech parks in accordance with the law on investment and public investment, and relevant law regulations; implement regimes of reporting on the investment situation, operations, and investment effectiveness of the hi-tech parks.

13. To organize inspections and examinations, handle violations, resolve complaints, denunciations and commendations; provide guidance and support, and timely resolve arising issues; for matters beyond their jurisdiction, to coordinate with relevant ministries and ministerial-level authorities for resolution or submit them to the Prime Minister or the Government for consideration and decision.

14. To implement reporting and summarizing regimes for hi-tech park operations and other State governance responsibilities regarding the hi-tech parks; act as the governing body for the Management Boards of the hi-tech parks within their jurisdiction in accordance with this Decree and the law regulations.

 

Chapter VI

FUNCTIONS, DUTIES, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MANAGEMENT BOARD OF THE HI-TECH PARK

 

Article 46. Functions and legal status of the Management Board of the hi-tech park

1. The Management Board of the hi-tech park is an authority under the provincial-level People's Committee, responsible for carrying out State governance functions over the hi-tech park within the province or municipality, as prescribed in this Decree and relevant law regulations.

2. The Management Board of the hi-tech park has legal person status, utilizes a national emblem seal, can open accounts at the State Treasury and banks, and receives funding from the State Budget for its operations.

3. The Management Board of a hi-tech park shall established under the Prime Minister's decision (unless otherwise prescribed by law); be subject to the direction and management regarding organization, staffing, work programs, and operating funds from the provincial-level People's Committee; receive guidance, instructions, and oversight on expertise and professional matters from relevant ministries and ministerial-level authorities managing the relevant sectors and fields; be responsible for close coordination with specialized authorities under the provincial-level People's Committee in managing the hi-tech park; act as a specialized authority of the provincial-level People's Committee when decentralized or authorized; perform the tasks and powers of specialized authorities of the provincial-level People's Committee and other tasks and powers as prescribed in this Decree and other relevant law regulations.

Article 47. Tasks and powers of the Management Board of the hi-tech park

1. To propose and give opinions to competent authorities on drafting and issuing legal documents; hi-tech park development orientations and schemes in regional master plans and provincial master plans; projects on expansion and adjustment of hi-tech park boundaries; mechanisms, policies, and plans to mobilize resources for construction and development of hi-tech parks; policies on incentives and support for investors, operations, and workers employed in hi-tech parks.

2. To propose, develop, and submit to competent authorities for approval plans for construction and development of hi-tech parks of which the construction of technical infrastructure systems is wholly or partially funded by the State Budget, including: medium- and long-term comprehensive development plans for hi-tech parks; investment promotion programs; public investment plans and financial plans of the hi-tech parks.

3. To manage projects on investment in construction of hi-tech parks funded by the State Budget, development assistances, and other lawful sources of capital.

a) To act as the project owner, organize the implementation of investment projects funded by the State Budget, official development assistances, and other lawful sources of capital as assigned in accordance with law regulations;

b) To decide on investment and exercise the powers of the investment decision-maker; organize the selection of investors, sign investment agreements and project contracts with investors through public-private partnerships (PPP) for Group-B and Group-C investment projects in hi-tech parks funded by the State Budget as decentralized;

c) To receive, manage, and utilize ODA and other lawful sources of sponsorship to invest in the construction and development of hi-tech parks.

4. To manage finance and budgets

a) To draft annual budgets, operational funds, and development investment capital, as well as other funding sources (if any) of the Management Board of the hi-tech park, for approval by the competent authority;

b) To organize the management of finances, State Budgets, and public assets allocated to it in accordance with the Law on the State Budget, the Law on Management and Use of Public Property, and relevant legal documents;

c) To organize the collection and payment of land rentals, and site clearance compensation reimbursements; fees to use infrastructure, wastewater treatment fees for technical infrastructure systems invested by the State Budget; organize the collection and management of various fees and charges as prescribed by law;

d) To mobilize and receive funds from various sources of sponsorship from organizations and individuals to carry out the tasks of establishing and adjusting the construction master plans of the hi-tech parks as prescribed by law;

dd) To develop plans for using revenues to continue site clearance, support scientific and technological operations, and reinvest in the development of the hi-tech parks annually, report to the provincial-level People's Committee, relevant ministries, and sectoral authorities for decision-making by competent authorities.

5. To coordinate with specialized authorities under the People's Committees at all levels and relevant authorities to propose decentralization and authorization to them; develop coordination regulations and submit them to the provincial-level People's Committees for approval and organize the implementation thereof with respect to State governance tasks in the fields of science and technology, planning, construction, land, investment, environmental protection, labor, occupational safety and health, food safety, fire prevention and fighting, public order, and other operations in the hi-tech park, carry out administrative procedures through the single-window and inter-agency single-window mechanisms.

6. To manage and organize the implementation of planning and construction

a) To organize the formulation, appraisal, and approval of zoning planning tasks and zoning construction master plans for functional zones within the hi-tech park with an area exceeding 500 hectares with approved general construction plans; decide on partial adjustments to zoning construction master plans; review and approve detailed planning tasks and detailed construction plans under the decentralization or authorization;

b) To implement and coordinate the implementation of State governance tasks regarding planning and construction assigned, decentralized, and authorized thereto: publicly announce and provide information on construction master plans; place boundary markers and location introductions; approve overall land use plans and architectural plans; grant, re-grant, adjust, renew, and withdraw construction permits. To perform the functions of a specialized authority for construction in reviewing feasibility study reports for construction investment, reviewing detailed construction designs following the base design, and construction estimates for construction investment projects; manage the quality of construction works for construction investment projects within the hi-tech park and other tasks to ensure that construction operations within the hi-tech park comply with the approved construction master plans and law regulations.

7. To administrate land

a) To organize the management and utilization of land funds allocated by the provincial-level People's Committee in accordance with approved construction master plans and development plans; coordinate with relevant authorities and organizations to formulate and adjust land use plans within the hi-tech parks;

b) To coordinate with organizations performing the tasks of compensation and site clearance to implement compensation, support, and resettlement for site clearance within the hi-tech park;

c) To carry out State governance tasks regarding land within the hi-tech park, including: Assess land use needs and conditions for land leasing; decide on land allocation without land use levy, land lease, land use term extension, and recovery of land that is already re-allocated or leased in accordance with law regulations; sign land lease contracts with tenants within the hi-tech park; decide on rental payment exemption or reduction and determine the amount exempted or reduced; specify and notify financial obligations regarding land use; determine site clearance compensation reimbursements for land users;

d) To submit documents for registration in the land registry, update the land database, and submit to the competent authority for the issuance of certificates of land use rights and ownership of land-attached property to land users, carry out administrative procedures related to land under the single-window and inter-agency single-window mechanisms. To perform land administration tasks within hi-tech parks in accordance with the land law.

8. To manage investment

The Management Board of the hi-tech park serves as the investment registration authority and is responsible for exercising State governance over investment operations within the hi-tech park.

a) To approve investment policies and approve adjustments to investment policies; organize the selection of investors to implement projects in accordance with the investor selection regulations issued by the Head of the Management Board of the hi-tech park, based on the selection and application of law regulations on bidding and other relevant law regulations to investment projects under its competence as prescribed by the law on investment;

b) To grant, re-grant, adjust, correct, and revoke investment registration certificates for investment projects under its competence prescribed by the law regulations on investment;

c) To sign investment project performance guarantee agreements and carry out procedures to ensure project implementation in accordance with this Decree and the law regulations on investment;

d) To decide to suspend or partially suspend, terminate or partially terminate the operations of investment projects and carry out related procedures in accordance with the law on investment;

dd) To grant and revoke certificates of registration of operations for representative offices of foreign investors under Business Cooperation Contracts (BCC);

e) To grant, re-grant, adjust, renew, or revoke licenses to establish representative offices and terminate the operations of representative offices of foreign organizations and traders headquartered in the hi-tech park in accordance with commercial law regulations;

g) To perform the duties of a provincial-level business registration authority for the registration of establishment of enterprises, registration of operations of branches, representative offices, business locations and other registration obligations and notifications in the hi-tech park in accordance with the law on business registration;

h) To grant Certificates of Origin for goods produced in the hi-tech park under the authorization of the Ministry of Industry and Trade;

i) To confirm that an investment project meets the hi-tech operation principles in the cases prescribed in Clause 4, Article 19 of this Decree;

k) To monitor and evaluate investment projects within the hi-tech park that fall under its jurisdiction; implement a regime of reporting the investments in the hi-tech park to the provincial-level People's Committee, the Ministry of Planning and Investment, the Ministry of Science and Technology (for hi-tech parks as defined in Article 31 of the Law on High Technology), and the Ministry of Agriculture and Rural Development (for agricultural zones applying high technology as defined in Article 32 of the Law on High Technology);

l) To develop and submit to the provincial-level People's Committee for public announcement the list of investment projects to attract investment into the hi-tech park; develop and implement investment promotion programs and plans; mobilize social resources through sponsorship of organizations, individuals, associations, and investors to carry out investment promotion operations; hire foreign consultants to perform investment promotion consulting services, investment strategy consulting services, and hi-tech park construction and development consulting services in accordance with the law regulations;

m) To provide information and timely support to investors to resolve difficulties and problems in the process of implementing investment procedures and investment projects; perform other State governance tasks related to investment in the hi-tech park under its competence.

9. To manage science and technology

a) To organize the evaluation of fulfillment of the criteria for projects involving high technology and investing in the hi-tech park during the appraisal of the dossier of request for approval of investment policies/grant of investment registration certificates, and the evaluation of whether the investment projects meet the hi-tech operation principles; supervise, evaluate and coordinate with relevant authorities to inspect, check and handle violations in accordance with this Decree and law regulations;

b) To organize and support the organization of high technology incubation and hi-tech business incubation operations; training of hi-tech human resources and scientific and technological operations in accordance with the law;

c) To organize and support the organization of hi-tech fairs, exhibitions, technology demonstrations, showcases of hi-tech products from research results, application of high technology, transfer of high technology from foreign countries and Vietnam; scientific and technological forums, technology markets, technology trading floors and other hi-tech operations in the hi-tech park;

d) To mobilize, receive, and implement capital sources and resources to support investment in science and technology development, innovative start-ups, and development of hi-tech technical infrastructure, and infrastructure to serve science and technology development; connect businesses, organizations, and individuals operating in science and technology, creating a foundation and favorable environment to promote the innovation ecosystem in the hi-tech park;

dd) To establish and maintain cooperative relationships with scientific and technological organizations, scientific and technological unions and associations, hi-tech parks, foreign organizations and individuals operating in related fields in accordance with the law regulations; participate in events, programs, and joint projects on scientific research and technological development within the framework of bilateral, multilateral, regional, inter-regional and international agreements;

e) To perform State governance tasks related to science and technology in the hi-tech park in accordance with the law regulations.

10. To manage environmental protection

a) To implement State governance responsibilities for environmental protection in the hi-tech park in accordance with the law on environmental protection: Inspect and supervise the investment in the construction of environmental protection infrastructure; coordinate with the local State regulatory authorities in charge of environmental protection to review the environmental impact assessment reports and grant environmental permits, and inspect environmental protection; consider preliminary environmental impact assessments of investment projects; organize environmental inspections for establishments in concentrated production, business and service areas in accordance with the law regulations; promptly detect violations of law regulations on environmental protection committed by organizations and individuals and propose penalties thereof in accordance with the law regulations;

b) To implement the prescribed responsibilities for project owners in the construction and business of infrastructure for concentrated production, business, and service areas in accordance with the law on environmental protection for hi-tech parks or areas within hi-tech parks where there is no project owner investing in the construction and business of infrastructure;

c) To coordinate with the State regulatory authorities in charge of environmental protection and relevant authorities in performing tasks related to environmental protection communication, waste management, and control of other pollutants; environmental monitoring; environmental information and database management; environmental incident prevention and response; settlement of environmental disputes, complaints, and denunciations in the hi-tech park;

d) To issue regulations on environmental protection in the hi-tech park in accordance with environmental protection requirements as prescribed by law;

dd) To report on the implementation of environmental protection work in the hi-tech park in accordance with the law regulations;

e) To perform other environmental protection tasks under the decentralization or authorization and in accordance with law regulations.

11. To manage, exploit, operate, and maintain the technical infrastructure system

a) To organize the management, utilization, operation, and maintenance of the technical infrastructure system of the hi-tech park invested by the State and facilities transferred by Infrastructure owners, other than those prescribed in Clause 3, Article 21 of this Decree;

b) To coordinate with the State-owned enterprises supplying electricity, water, and telecommunications, the infrastructure owners, and relevant organizations and authorities to ensure effective management and operation of the technical infrastructure system in the hi-tech park and ensure its synchrony with the surrounding technical infrastructure systems;

c) To assume the prime responsibility for, and coordinate with relevant authorities in developing and issuing or submitting for annual issuance of fees payable to use State-invested infrastructure (including wastewater treatment fees); review the price brackets for infrastructure usage fees, site clearance costs, rental prices for workshops, offices, and warehouses, and other service fees registered by infrastructure owners in accordance with regulations.

12. To manage labor

a) To perform a number of tasks and powers of the provincial-level labor authority for workers employed in the hi-tech park, including: organizing the registration of labor regulations; receiving collective labor agreements; receiving reports on changes in labor conditions; receiving reports on the status of labor outsourcing operations; receiving notifications of training, retraining, and skill improvement results; receiving notifications of organizing overtime work from over 200 hours to 300 hours per year; receiving and processing applications for registration of internship labor contracts of enterprises and sending of workers to overseas internships for less than 90 days;

b) To receive notifications of mass layoffs from employers in accordance with the decentralization or authorization of the provincial-level People's Committee;

c) To coordinate with the State regulatory authorities in charge of labor to monitor the labor situation in the hi-tech park; report on the labor situation and the implementation of labor management in the hi-tech park in accordance with the law regulations;

d) To monitor and summarize labor demand, and coordinate with competent authorities to supply labor for the hi-tech park;

dd) To coordinate with State regulatory authorities and the hi-tech park trade union to resolve labor disputes and protect the legitimate rights of workers and employers.

13. To manage occupational safety and health and food safety

a) To urge, inspect, and coordinate with State regulatory authorities and the hi-tech park trade union to organize inspections, checks, handling of violations, investigation of occupational accidents and food safety incidents, and other tasks related to occupational safety and health and food safety in accordance with the law regulations;

b) To compile and report on occupational safety and health, occupational accidents and diseases, and food safety of entities in the hi-tech park under the authorization and in accordance with the law regulations.

14. To manage security, social order, fire prevention and firefighting

a) To assume the prime responsibility for, and coordinate with infrastructure owners, entities operating in the hi-tech park, and relevant authorities in, developing fire prevention and firefighting plans in the hi-tech park; develop and maintain the operation of the system of technical infrastructure facilities and fire prevention and firefighting vehicles; establish and maintain grassroots fire brigades and specialized fire brigades to perform fire prevention and firefighting tasks in the hi-tech park in accordance with the law regulations;

b) To coordinate with the police and competent authorities in organizing fire prevention and firefighting operations, maintaining security and social order, traffic safety, and organizing security forces in the hi-tech park.

15. To perform inspection, examination, and supervision

a) To coordinate with State regulatory authorities, organizations, and competent authorities in inspecting, checking, handling complaints and denunciations, preventing and combating corruption, waste, and handling violations in the fields of planning, construction, land, investment, science and technology, environmental protection, labor, occupational safety and health, food safety, security and social order, fire prevention and fighting, and other fields in the hi-tech park in accordance with the law regulations;

b) Civil servants and public employees of the Management Board of the hi-tech park shall draw up administrative violation records for administrative violations falling within the scope of their official duties and assigned tasks within their ambit.

16. To coordinate with State regulatory authorities to implement public administrative services and administrative procedures in the fields in the hi-tech park under the single-window and inter-agency single-window mechanisms.

17. The Management Board of the hi-tech park shall be responsible for creating favorable conditions for operations within the hi-tech park in accordance with law regulations. The State regulatory authorities, organizations, and individuals undertaking operations within the hi-tech park shall be responsible for coordinating with the Management Board of the hi-tech park as prescribed by law.

18. To organize the law dissemination drives and emulation movements, and commendations for organizations and individuals undertaking operations in the hi-tech park.

19. To manage organization and structure of the Management Board of the hi-tech park as prescribed by law.

20. To implement the regime of reporting on the hi-tech park to the Ministry of Science and Technology (for hi-tech parks prescribed in Article 31 of the Law on High Technology) and the Ministry of Agriculture and Rural Development (for agricultural zones applying high technology prescribed in Article 32 of the Law on High Technology), the competent authorities, and other tasks as prescribed by law or assigned by the competent authorities.

Article 48. Organizational structure and staffing of the Management Board of the hi-tech park

1. The Management Board of the hi-tech park shall consist of a head and no more than 03 deputy heads.

The head of the board is appointed and dismissed by the Chairperson of the provincial-level People's Committee. The deputy heads of the board are appointed and dismissed by the Chairperson of the provincial-level People's Committee at the proposal of the head of the board.

2. The head of the Management Board of the hi-tech park shall be responsible for overseeing all operations of the board, be held accountable to the provincial-level People's Committee, and abide by the law regulations governing the operations of the hi-tech park.

3. The organizational structure of the Management Board of the hi-tech park includes: assistant bodies (its office, operational and professional departments); subordinate public non-business units tasked with public welfare, public services, investment and business facilitation services, high technology deployment support services, and other organizations as appropriate to the development of the hi-tech park and the responsibilities and powers of the Management Board of the hi-tech park, and the law regulations.

4. The establishment of assistant bodies must ensure compliance with the following conditions and criteria:

a) Multidisciplinary management departments shall be established. Each department responsible for specific sectors and fields must have clear management procedures or manageable entities that align with the responsibilities and authorities of the Management Board of the hi-tech park;

b) The workload requires a minimum allocation of 07 civil servant positions for departments under the Management Boards of the hi-tech park of Hanoi and Ho Chi Minh City; a minimum of 06 civil servant positions for departments under the type-I provincial-level Management Boards of hi-tech parks; a minimum of 05 civil servant positions for departments under the type-II and type-III provincial-level Management Boards of hi-tech parks;

c) 01 Department Deputy Head shall be appointed in departments under the Management Boards of the hi-tech park of Hanoi and Ho Chi Minh City with less than 10 civil servant positions; in departments under the type-I provincial-level Management Boards of hi-tech parks with less than 09 civil servant positions; in departments under the type-II and type-III provincial-level Management Boards of hi-tech parks with less than 08 civil servant positions;

d) No more than 02 Department Deputy Heads shall be appointed in departments under the Management Boards of the hi-tech park of Hanoi and Ho Chi Minh City with 10 to 14 civil servant positions; in departments under the type-I provincial-level Management Boards of hi-tech parks with 09 to 14 civil servant positions; in departments under the type-II and type-III provincial-level Management Boards of hi-tech parks with 08 to 14 civil servant positions;

dd) The number of deputy heads of the Office of a Management Board of a hi-tech park shall be the same as for operational and professional departments.

5. The establishment and organizational structure of public non-business units under the Management Boards of the hi-tech parks shall comply with the law regulations on the establishment, reorganization, and dissolution of public non-business units.

6. The civil servant positions and employees in the public non-business units of the Management Boards of the hi-tech parks shall be determined based on job positions, functions, tasks, scope of operations, and within the total number of civil servant positions and the number of employees in the administrative authorities, financial institutions, and public non-business units of the provinces and municipalities assigned or approved by competent state authorities.

 

Chapter VII
IMPLEMENTATION PROVISIONS

 

Article 49. Amendments and supplements to Decree No. 145/2020/ND-CP dated on December 14, 2020 of the Government detailing and guiding the implementation of a number of articles of the Labor Code regarding working conditions and industrial relations as follows:

1. To add Clause 4 to Article 4 as follows:

“4. For hi-tech parks, the reporting on labor employment is conducted as follows:

a) Employers shall report on labor-related changes to the provincial-level Department of Labor, Invalids and Social Affairs and the Management Board of the hi-tech park via the National Public Service Portal. If the employers are unable to send reports on labor employment via the National Public Service Portal, they shall send paper reports to the Management Board of the hi-tech park.

The reporting deadline and report templates for employers are the same as those prescribed in Clause 2 of this Article.

b) The Management Boards of hi-tech parks shall regularly update and report to the Ministry of Labor, Invalids and Social Affairs and the provincial-level Departments of Labor, Invalids and Social Affairs on the actual labor employment under their ambit via the National Public Service Portal within the deadlines and using the report templates prescribed in Clause 3 of this Article.”.

2. To add Clause 5 to Article 31 as follows:

“5. In the case where a labor outsourcing enterprise is headquartered or conducts labor leasing operations within a hi-tech park, when submitting reports as prescribed in this Article, such labor leasing enterprise shall submit one to the Management Board of such hi-tech park.”.

3. To add Clause 4 to Article 62 as follows:

“4. In the case where an employer is headquartered or organizes overtime work of between over 200 hours and 300 hours per year within a hi-tech park, it must notify the Management Board of such hi-tech park of its organization of overtime work within the deadlines and using the templates prescribed in Clauses 2 and 3 of this Article.”.

Article 50. Transitional provisions

1. For hi-tech parks, for which planning, investment, or establishment procedures have been completed in accordance with the law regulations prior to the effective date of this Decree, additional planning, investment, or establishment procedures as prescribed in this Decree are not required.

2. If any adjustments made to investment projects, which have already secured investment licenses/investment certificates/investment policy approval decisions/investment registration certificates prior to the effective date of this Decree, involve changes related to hi-tech operations, such adjustments must align with the principles governing investment projects engaging in hi-tech operations as prescribed in Article 28 or Article 35 of this Decree.

Article 51. Effect

1. This Decree takes effect from March 25, 2024.

2. The following Decrees and regulations cease to be effective from the effective date of this Decree:

a) Decree No. 99/2003/ND-CP dated August 28, 2003 of the Government on the promulgation of the Hi-tech Park Regulations;

b) Article 112 of Decree No. 31/2021/ND-CP dated March 26, 2021 of the Government detailing and guiding the implementation of a number of Articles of the Law on Investment.

Article 52. Implementation organization

1. The Minister of Science and Technology shall detail provisions of Point dd, Clause 2, Article 29, Clause 2, Article 31, and Point dd, Clause 1, Article 32 of this Decree.

2. The Minister of Agriculture and Rural Development shall detail provisions of Point dd, Clause 2, Article 36 and Point dd, Clause 2, Article 38 of this Decree.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People's Committees of provinces and municipalities, heads of Management Boards of hi-tech parks, relevant organizations and individuals shall be responsible for implementing this Decree.

 

 

ON BEHALF OF THE GOVERNMENT

FOR THE PRIME MINISTER

THE DEPUTY PRIME MINISTER

 

 

Tran Luu Quang

 

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