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

DECREE

On hi-tech parks^[1]

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

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

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

Pursuant to the June 17, 2020 Law on Investment;

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

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

Pursuant to the June 17, 2020 Law on Enterprises;

Pursuant to the November 24, 2017 Planning Law;

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

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

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

Pursuant to the November 29, 2013 Land Law;

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

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

Pursuant to the November 13, 2020 Law on Residence;

Pursuant to the November 20, 2019 Labor Code;

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

Pursuant to the National Assembly’s Resolution No. 61/2022/QH15 of June 16, 2022, on continuing to raise the effect and efficiency of the implementation of planning policies and laws and a number of solutions to tackle difficulties and problems, accelerate the formulation and improve the quality of master plans for the 2021-2030 period;

At the proposal of the Minister of Science and Technology;

The Government promulgates the Decree on hi-tech parks.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Decree provides orientations for construction and plans on development of hi-tech parks; the establishment and expansion of hi-tech parks; operation in hi-tech parks; mechanisms and policies for and state management of hi-tech parks (including the hi-tech parks specified in Article 31 of the Law on High Technology and the hi-tech agricultural zones specified in Article 32 of the Law on High Technology).

2. This Decree applies to state management agencies, organizations and individuals involved in the planning, establishment, construction investment, management and operation of hi-tech parks.

Article 2. Interpretation of terms

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

1. Expansion of a hi-tech park means an increase in the area of a hi-tech park, of which the expanded area has adjacent or contiguous boundaries and can be connected to the existing technical infrastructure system of such hi-tech park for shared use.

2. Occupancy rate of a hi-tech park means the percentage (%) of the land area (including also land area with water surface) an investor has used after being allocated or leased land for implementation of investment projects in such hi-tech park to the total land area reserved for allocation or lease under the approved zoning master plan.

3. Technical infrastructure system of a hi-tech park includes technical infrastructure facilities, technical infrastructure facilities for environmental protection, fire prevention and fighting, and assurance of traffic safety and security and order in such hi-tech park, and information infrastructure. Technical infrastructure systems of hi-tech parks shall be planned, designed and constructed to be modern, synchronous and environmentally friendly and help provide smart management utilities.

For the hi-tech parks specified in Article 31 of the Law on High Technology, the planning, designing and construction of their technical infrastructure systems shall be carried out to meet smart city standards.

4. System of social infrastructure facilities serving operation of a hi-tech park means a system of social infrastructure facilities as specified by the construction law, including educational, health, sports and cultural facilities, greeneries, parks, commercial, service and accommodation facilities, and residential areas (located outside the hi-tech park’s boundaries) that directly serve workers in such hi-tech park.

5. Investment project in a hi-tech park means an investment project as defined in the  Investment Law or a public investment project as defined in the Law on Public Investment; investor means an organization or individual that implements investment projects in hi-tech parks.

Chapter II

ORIENTATIONS FOR CONSTRUCTION AND PLANS ON DEVELOPMENT OF HI-TECH PARKS; ESTABLISHMENT AND EXPANSION OF HI-TECH PARKS

Section 1

ORIENTATIONS FOR CONSTRUCTION AND PLANS ON DEVELOPMENT OF HI-TECH PARKS

Article 3. Orientations for construction of hi-tech parks

1. Orientations for construction of hi-tech parks constitute a content of a regional master plan as specified at Point d, Clause 2, Article 26 of the Planning Law, which set objectives, directions and solutions for, and organization of, the development of hi-tech parks at the regional level.

2. Contents of orientations for construction of hi-tech parks:

a/ Objectives, directions and orientations for spatial allocation and solutions for development of hi-tech parks in a region’s territory during the planning period;

b/ Projected number and size of hi-tech parks in provinces and centrally run cities in the region; directions for hi-tech parks to play a leading role in science and technology development and serve as a driving force for socio-economic development of the region.

3. Orientations for construction of hi-tech parks shall be established and adjusted together with the formulation, appraisal, approval and modification of regional master plans in accordance with the planning law.

Article 4. Plans on development of hi-tech parks

1. Plans on development of hi-tech parks constitute a content of a provincial master plan as specified at Point d, Clause 2, Article 27 of the Planning Law which set objectives, directions, solutions, organization of implementation, and provide a list of hi-tech parks in a province or centrally run city.

2. Contents of a plan on development of hi-tech parks:

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

b/ List of hi-tech parks in provinces and centrally run cities which must indicate names of hi-tech parks, and projected area and location of each hi-tech park;

c/ The plan on development of hi-tech parks shown in the planning map (projected location and area of each hi-tech park).

3. The formulation of a list of hi-tech parks in a province or centrally run city must satisfy the following conditions:

a/ The area where a hi-tech park is expected to be established has favorable factors and conditions in terms of geographical location, natural conditions, technical infrastructure, social infrastructure, science and technology, education-training, and socio-economic conditions (i.e., being capable of mobilizing resources for construction and development of the hi-tech park);

b/ A competent authority has approved the master plan on residential areas and public works adjacent to or around the hi-tech park to serve experts and workers in the hi-tech park;

c/ The projected area for construction of the hi-tech park is large enough for the performance of tasks of hi-tech parks as specified in Clause 2, Article 31 of the Law on High Technology (for the hi-tech parks specified in Article 31 of the Law on High Technology) or in Clause 2, Article 32 of the Law on High Technology (for the hi-tech agricultural zones specified in Article 32 of the Law on High Technology);

d/ The hi-tech park has the potential to attract investment in large-scale hi-tech projects that are expected to exert great impacts on scientific-technological and socio-economic development of the concerned locality and region;

dd/ The hi-tech park satisfies requirements on national defense and security assurance, environmental protection, climate change response, and protection of natural resources, historical and cultural relics and natural heritages;

e/ The hi-tech park ensures conformity with orientations for construction of hi-tech parks.

4. Plans on development of hi-tech parks shall be established and modified together with the formulation, appraisal, approval and modification of provincial master plans in accordance with the planning law.

5. Plans on development of hi-tech parks in provincial master plans approved by competent authorities serve as a basis for establishment and expansion of hi-tech parks; formulation and modification of master plans on construction of hi-tech parks; and formulation and modification of master plans and plans on investment in development of technical and social infrastructure systems serving the development of hi-tech parks in accordance with relevant laws.

Section 2

ESTABLISHMENT AND EXPANSION OF HI-TECH PARKS

Article 5. Conditions for establishment of a hi-tech park

1. General conditions:

a/ Being conformable with the regional or provincial master plan approved by a competent authority;

b/ Having an appropriate area and ensuring land-use feasibility; having suitable natural conditions;

c/ Having favorable infrastructure conditions and location in terms of traffic;

d/ Being capable to be linked with highly qualified research and training institutions;

dd/ Having a feasible plan on human resources and professional management staff for the hi-tech park;

e/ Having a feasible plan to mobilize resources for the construction of technical and social infrastructure systems of the hi-tech park; ensuring the fund-balancing capacity of the state budget (if any);

g/ Having a feasible plan to build residential areas and public works adjacent to or around the hi-tech park to serve experts and workers in the hi-tech park according to the construction demand and progress of the hi-tech park;

h/ Satisfying environmental protection conditions specified by the law on environmental protection;

i/ Ensuring national defense and security.

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

a/ Satisfying the conditions specified in Clause 1 of this Article;

b/ Ensuring compliance with the State’s policies on hi-tech and hi-tech industry development;

c/ Satisfying conditions for performance of the tasks specified in Clause 2, Article 31 of the Law on High Technology;

d/ Having a feasible plan to provide favorable technical infrastructure facilities and services to meet requirements of hi-tech research, application and development; hi-tech incubation and hi-tech business incubation; trial production of hi-tech products; and provision of hi-tech services.

3. Conditions for establishment of a hi-tech agricultural zone specified in Article 32 of the Law on High Technology:

a/ Satisfying the conditions specified in Clause 1 of this Article;

b/ Ensuring conformity with agricultural development strategies and plans;

c/ Satisfying conditions for the performance of the tasks specified in Clause 2, Article 32 of the Law on High Technology;

d/ Having a feasible plan to provide favorable technical infrastructure and services to meet requirements of hi-tech research, training, trial and demonstration activities in the field of agriculture.

Article 6. Conditions for expansion of a hi-tech park

1. The hi-tech park’s area proposed for expansion must satisfy the conditions specified in Clause 2, Article 5, in case of expansion of the hi-tech parks specified in Article 31 of the Law on High Technology, or in Clause 3, Article 5, of this Decree, in case of expansion of the hi-tech agricultural zones specified in Article 32 of the Law on High Technology.

2. The hi-tech park’s technical infrastructure system has been completely constructed under the approved general master plan on construction (if any) and zoning master plan on construction.

3. The hi-tech park’s occupancy rate reaches at least 60%.

4. The hi-tech park’s area proposed for expansion has the location, scale and conditions facilitating connection with the hi-tech park’s technical and social infrastructure systems.

Article 7. Dossiers for establishment or expansion of hi-tech parks

1. A dossier for establishment or expansion of a hi-tech park shall be prepared by a provincial-level People’s Committee and must comprise:

a/ A written request submitted to the Prime Minister for establishment or expansion of the hi-tech park;

b/ The scheme on establishment or expansion of the hi-tech park.

2. A scheme on establishment of a hi-tech park must have the following contents:

a/ Legal grounds and necessity of the establishment of the hi-tech park;

b/ Evaluation of the status quo, factors and conditions on geographical location, natural conditions, natural resources, science and technology, socio-economic conditions, limitations and comparative advantages of the area proposed for establishment of the hi-tech park as compared to other areas in the province or centrally run city;

c/ Evaluation of, and explanation about, the satisfaction of the conditions for establishment of a hi-tech park as specified in Article 5 of this Decree (together with supporting documents);

d/ Tentative orientations for development of the hi-tech park: development objectives, nature, functions and tasks of the hi-tech park; orientations for development of priority sectors and fields in the hi-tech park; directions for organization of functional zones for the performance of the tasks specified in the Law on High Technology, and preliminary directions for spatial development and land use master plan; and directions for development of human resources and management staff;

dd/ Projected total investment capital, methods of mobilizing resources and assigning the responsibility for investment in the technical infrastructure system of the hi-tech park; plan and roadmap for construction and development of the hi-tech park;

e/ Proposed solutions and organization of implementation;

g/ The plan for establishment of the hi-tech park, shown on a map of a scale of 1:10,000-1:25,000.

3. A scheme on expansion of a hi-tech park must have the following contents:

a/ Legal grounds and necessity of the expansion of the hi-tech park;

b/ Evaluation of the construction, development and operation of the hi-tech park based on the approved general master plan on construction (if any) and zoning master plan on construction, clearly stating the occupancy rate of the hi-tech park;

c/ Evaluation of the status quo, factors and conditions on geographical location, natural conditions, natural resources, science and technology, socio-economic conditions, limitations and comparative advantages of the hi-tech park’s area proposed for expansion;

d/ Evaluation of, and explanation about, the satisfaction of the conditions for expansion of hi-tech parks as specified in Article 6 of this Decree (together with supporting documents);

dd/ Tentative orientations for development of the area proposed for expansion: development objectives, nature, functions and tasks of the to-be-expanded area; orientations for development of priority sectors and fields for the to-be-expanded area; directions for organization of functional zones for the performance of the tasks specified in the Law on High Technology, preliminary orientations for spatial development and land-use master plan; and directions for development of human resources to meet the expansion demand;

e/ Projected total investment capital, methods of mobilizing resources and assigning the responsibility for investment in the technical infrastructure system of the hi-tech park; and plan and roadmap for construction and development of the hi-tech park;

g/ Proposed solutions and organization of implementation;

h/ The plan on expansion of the hi-tech park, shown on a map of a scale of 1:10,000-1:25,000.

4. The provincial-level People’s Committee’s written request submitted to the Prime Minister for establishment or expansion of a hi-tech park must have the following principal contents: legal grounds; necessity for and process of formulating the scheme for establishment or expansion of the hi-tech park; summarized contents of the scheme; evaluation of the satisfaction of criteria for establishment or expansion of hi-tech parks; and recommendations on the establishment or expansion of the hi-tech park.

5. The provincial-level People’s Committee-prepared dossier for establishment or expansion of a hi-tech park as specified in Clauses 1, 2, 3 and 4 of this Article shall be made into 10 sets (including 2 sets of original documents), and sent to the in-charge agency for submission to the Prime Minister under Article 8 of this Decree.

Article 8. Competence, order and procedures for submitting a proposal on establishment or expansion of a hi-tech park to the Prime Minister

1. Agencies in charge of submitting proposals on establishment or expansion of hi-tech parks:

a/ The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with related state agencies in, evaluating dossiers for establishment or expansion of hi-tech parks, for those specified in Article 31 of the Law on High Technology, before submitting them to the Prime Minister for decision;

b/ The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with related state agencies in, evaluating dossiers for establishment or expansion of hi-tech agricultural zones, for those specified in Article 32 of the Law on High Technology, before submitting them to the Prime Minister for decision.

2. Order and procedures for establishment or expansion of a hi-tech park:

a/ The concerned provincial-level People’s Committee shall make a dossier specified in Article 7 of this Decree and send it to an agency in charge of submitting proposals on establishment or expansion of hi-tech parks specified in Clause 1 of this Article;

b/ Within 5 working days after receiving a complete dossier for establishment or expansion of a hi-tech park as prescribed, the in-charge agency specified in Clause 1 of this Article shall send such dossier and a written request for consulting related state agencies;

c/ Within 20 working days after receiving the request and accompanying dossier, the consulted agencies shall send their written opinions on contents falling within their state management scope and fields to the consulting agency;

d/ Within 5 working days receiving written opinions from all consulted agencies, the agency in charge of submitting proposals on establishment or expansion of hi-tech parks shall evaluate the dossier based on the contents specified in Clause 3 of this Article for the establishment or expansion of the hi-tech park.

In case of necessity, the agency in charge of submitting proposals on establishment or expansion of hi-tech parks shall hold a meeting with related ministries and sectors and the provincial-level People’s Committee or establish an Advisory Council to clarify relevant issues;

dd/ In the course of dossier evaluation, the agency in charge of submitting proposals on establishment or expansion of hi-tech parks shall, if requesting dossier modification or supplementation, notify such in writing to the provincial-level People’s Committee for dossier modification or supplementation. The time for dossier modification and supplementation shall not be included in the time for dossier evaluation;

e/ Within 5 working days after receiving a dossier for establishment or expansion of a hi-tech park that has been modified or supplemented as requested (if any), the agency in charge of submitting proposals on establishment or expansion of hi-tech parks shall make a dossier specified in Clause 1, Article 9 of this Decree and submit it to the Prime Minister for the latter to consider and decide on establishment or expansion of the hi-tech park.

3. The evaluation of a dossier for establishment or expansion of a hi-tech park covers:

a/ Legal grounds and necessity of the establishment or expansion of the hi-tech park;

b/ Satisfaction of the conditions for establishment or expansion of a hi-tech park specified in Article 6 of this Decree;

c/ Feasibility of orientations for development of the hi-tech park; plan to mobilize resources for construction of the technical infrastructure system of the hi-tech park and its expanded area and connection with the hi-tech park’s infrastructure system; and the fund-balancing capacity of the state budget;

d/ Preliminary evaluation of the efficiency of scientific and technological and socio-economic contributions of the establishment or expansion of the hi-tech park;

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

Article 9. Dossiers for establishment or expansion of hi-tech parks and competence to decide on establishment or expansion of hi-tech parks

1. A dossier for establishment or expansion of a hi-tech park to be submitted by an agency in charge of submitting proposals on establishment or expansion of hi-tech parks specified in Clause 1, Article 8 of this Decree to the Prime Minister for consideration and decision must comprise:

a/ A written request submitted to the Prime Minister, prepared by the agency in charge of submitting proposals on establishment or expansion of hi-tech parks, for establishment or expansion of the hi-tech park based on dossier evaluation results (accompanied with a draft decision on establishment or expansion and issuing the operation regulation of the hi-tech park);

b/ A written request submitted to the Prime Minister for establishment or expansion of the hi-tech park, prepared by the provincial-level People’s Committee (together with the modified or supplemented dossier, if so requested);

c/ A scheme on establishment or expansion of the hi-tech park, prepared by the provincial-level People’s Committee (that has been modified or supplemented, if so requested);

d/ Supporting documents (if any).

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

Decisions on establishment or expansion of hi-tech parks serve as a basis for organizing the implementation of master plans on construction of hi-tech parks and plans on development investment for hi-tech parks.

Chapter III

HI-TECH PARK DEVELOPMENT POLICIES

Section 1

INVESTMENT IN CONSTRUCTION AND DEVELOPMENT OF HI-TECH PARKS

Article 10. Funding sources for investment in construction and development of hi-tech parks

1. Funding sources for investment in construction and development of hi-tech parks include: state budget funds, investment capital of organizations and individuals, and other lawful funding sources.

2. The State shall prioritize the provision of support through allocating development investment capital from the state budget, official development assistance (ODA), loans, offsetting loan interest-rate differences and in other forms in accordance with law to facilitate investment preparation, ground clearance and construction of technical infrastructure, social infrastructure and scientific and technological development infrastructure in hi-tech parks.

3. The State shall encourage investors, organizations and individuals to invest in the construction of technical infrastructure, social infrastructure and scientific and technological development infrastructure in hi-tech parks in the form of projects on business investment, public-private partnership and mobilization of social resources and other forms in accordance with law; and voluntary advance payment of capital for compensation, support, resettlement and ground clearance for hi-tech parks.

4. Compensation, support and resettlement projects, and investment projects on construction of large-scale and key technical and social infrastructure systems may mobilize capital through the issuance of government bonds and municipal bonds in accordance with law.

5. With regard to funds for the formulation and modification of master plans on construction of hi-tech parks, hi-tech park management boards may mobilize and directly receive and use donations of organizations and individuals operating in hi-tech parks in accordance with law.

6. The mobilization and use of the funding sources specified in this Article must comply with the laws on the state budget, public investment, public debt management, investment, investment in the form of public-private partnership, land, and construction, and other relevant laws.

Article 11. Investment support from the state budget

1. Provincial-level People’s Committees shall formulate hi-tech park development investment plans and propose the use of state budget funds for organizing the performance of hi-tech park development investment tasks, covering:

a/ Investment preparation;

b/ Formulation of general master plans on construction and zoning master plans on construction;

c/ Compensation, support and resettlement;

d/ Clearance of bombs, mines and unexploded ordnances;

dd/ Ground leveling;

e/ Construction of technical infrastructure systems in hi-tech parks under approved general master plans and zoning master plans on construction of hi-tech parks;

g/ Construction of administrative centers and non-business works of hi-tech park management boards; hi-tech infrastructure and scientific and technological development infrastructure in hi-tech parks;

h/ Construction of social infrastructure systems under approved general master plans and zoning master plans on construction of hi-tech parks;

i/ Construction of technical and social infrastructure systems outside fences of hi-tech parks to ensure their synchronous connection and serve the operation of hi-tech parks and workers in hi-tech parks;

k/ Priority shall be given to investment in all items specified at Points a, b, c, d, dd and e of this Clause, for hi-tech parks’ sub-zones constructed for research and development, incubation and training of hi-tech human resources.

2. Provincial-level People’s Committees shall formulate plans and estimates of recurrent expenditures from the state budget to ensure operation of hi-tech park management boards; management, repair, maintenance and operation of technical and social infrastructure systems of hi-tech parks (until hi-tech parks are fully occupied and revenues are enough to cover expenditures), and other non-business scientific and technological activities of hi-tech park management boards.

3. The use of state budget funds mentioned in this Article must comply with the laws on the state budget and public investment, and other relevant laws.

Section 2

INVESTMENT INCENTIVE AND SUPPORT POLICIES

Article 12. Investment incentive and support policies for investment projects in hi-tech parks

1. Hi-tech parks are regarded as geographical areas eligible for investment incentives and entitled to investment incentives applicable to geographical areas with extremely difficult socio-economic conditions in accordance with the investment law.

2. Specific incentive and support levels for investment projects and activities in hi-tech parks must comply with the laws on investment, enterprise income tax, export duty and import duty, land, and credit, and other relevant laws.

3. Hi-tech park management boards and competent agencies shall carry out administrative procedures for investment, enterprises, land, construction, environmental protection, labor, tax and customs, and relevant procedures according to the single window or inter-agency single window mechanism provided by law; and provide support concerning labor recruitment and other related issues during investors’ operation in hi-tech parks.

4. Investment projects and activities in hi-tech parks shall be given priority for participation in labor training and recruitment support programs;  hi-tech research and application and technology transfer support programs;  hi-tech industry and hi-tech agriculture development support programs; programs on support for innovative enterprises, and small- and medium-sized innovative startups; lending support programs and other support programs of the Government, ministries, sectors and localities.

5. Provincial-level People’s Councils and People’s Committees shall promulgate policies and allocate investment support resources according to their competence and regulations in order to attract hi-tech investment projects and human resources into hi-tech parks.

Article 13. Mechanisms to promote investment in construction and commercial operation of technical infrastructure

1. The State encourages experienced and capable organizations and individuals to invest in the construction and commercial operation of infrastructure of hi-tech parks, including investment in the construction and commercial operation of the whole or part of technical infrastructure systems or hi-tech parks under Article 23 of this Decree (below referred to as infrastructure project owners).

2. Investment projects on infrastructure construction and commercial operation are entitled to exemption from land rentals and refund of compensation for ground clearance under regulations on collection of land rentals in hi-tech parks.

3. Investment projects on construction and commercial operation of infrastructure of hi-tech parks are entitled to priority for borrowing state investment loans and mobilizing capital in lawful forms in accordance with the enterprise and credit laws and other relevant laws.

4. Hi-tech park management boards and related agencies shall prioritize the settlement of administrative procedures related to infrastructure project owners and investment projects in areas of investment projects on infrastructure construction and commercial operation so as to facilitate investment attraction and other activities of investment projects on construction and commercial operation of infrastructure of hi-tech parks.

5. In addition to the incentives specified in Clause 2 of this Article, investment projects on construction and commercial operation of infrastructure of hi-tech parks are also entitled to other incentives in accordance with the investment, tax and land laws and other relevant laws; and will be given priority for participation in pilot schemes, programs and projects on smart city development and other support policies provided by law.

6. Provincial-level People’s Councils and People’s Committees shall promulgate policies on and allocate investment support resources for attracting investment projects on construction and commercial operation of infrastructure of 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 include residential areas and social infrastructure systems adjacent to or around hi-tech parks in master plans, ensuring convenient traffic connection, in order to directly serve workers in hi-tech parks simultaneously with the formulation of hi-tech park development plans and provincial master plans, and ensure that the construction investment meets the needs and progress requirements for construction of hi-tech parks.

2. The State shall encourage experienced and capable organizations and individuals to invest in the construction and commercial operation of social infrastructure facilities.

Social infrastructure facilities, including cultural works, parks, flower gardens, greeneries and amusement parks used for public purposes (except amusement parks and thematic parks with a brutto density of architectural works exceeding 5%), may be invested in the form of public-private partnership or with mobilized social resources and voluntary contributions of organizations and individuals.

3. Provincial-level People’s Councils and People’s Committees shall promulgate policies and allocate investment support resources according to their competence and regulations so as to attract investment projects on construction of social infrastructure serving operation of hi-tech parks.

4. Investment projects on construction of houses and public-utility facilities directly serving workers in hi-tech parks are entitled to incentive and support policies under regulations on social housing construction and relevant regulations.

5. Subjects entitled to rent, purchase or rent with an option to purchase houses or lodging houses for hi-tech park workers (the purchase or lease-purchase of houses is applicable only to residential areas located outside hi-tech parks) are specified as follows:

a/ Institutional investors and individual experts and workers working in hi-tech parks may rent houses during periods of their operation and working in hi-tech parks;

b/ Members of hi-tech park management boards, experts and workers signing indefinite-term labor contracts with investors in hi-tech parks may be considered for house purchase.

Article 15. Policies on hi-tech research and development, hi-tech incubation, hi-tech business incubation and hi-tech human resource training

1. For hi-tech parks with technical infrastructure systems invested by the state budget, their sub-zones for hi-tech research and development, hi-tech incubation and hi-tech business incubation and hi-tech human resource training will have ground clearance, ground leveling and technical infrastructure construction expenses covered by the state budget.

2. The state budget prioritizes the construction of hi-tech research and development institutions and large-scale laboratories attaining international standards on research, analysis, testing and standardization; hi-tech incubators and hi-tech business incubators; hi-tech human resource training institutions; and hi-tech information infrastructure in hi-tech parks in order to create favorable conditions for organizations and individuals to access, use and exchange hi-tech information.

3. The State shall prioritize the use of official development assistance (ODA), concessional loans and technical assistance under other regulations, resources from national programs on scientific and technological development and high technology, support funding sources and other lawful funding sources for investment in the construction of hi-tech research and development institutions, hi-tech incubators, hi-tech business incubators and hi-tech human resource training institutions; and provide support for hi-tech research and development, hi-tech incubation, hi-tech business incubation and hi-tech human resource training projects and activities.

4. Investment projects on construction of hi-tech research and development institutions, hi-tech incubators and hi-tech business incubators are entitled to exemption from land rentals and refund of compensation for ground clearance under regulations on collection of land rentals in hi-tech parks.

5. Hi-tech incubators, hi-tech business incubators and hi-tech incubation and hi-tech business incubation projects approved for incubation at hi-tech incubators in hi-tech parks, and technology innovation projects are entitled to donations, supports, loans and loan guarantee from the National Technology Innovation Fund, the Small and Medium Enterprise Development Fund and other lawful funds and donations for their activities in accordance with law.

6. It is encouraged to organize national- and international-level technology fairs and exhibitions in hi-tech parks; promote activities of connecting supply and demand, seeking partners, and facilitating linkage and cooperation between domestic and foreign hi-tech research and development institutions, hi-tech incubators, innovative startups, hi-tech product manufacturing establishments and hi-tech application establishments; and prioritize the advertising of hi-tech products in the media of the Ministry of Science and Technology and Ministry of Agriculture and Rural Development, and on national and local technology exchanges.

7. To encourage and create favorable conditions for organizations and individuals to provide hi-tech evaluation, valuation and assessment, technology transfer consultancy, intellectual property, legal, brokerage, investment, finance and insurance services, scientific and technological services, and other services; and invest in building hi-tech exchanges and technology and equipment markets in hi-tech parks in order to promote commercialization of technology research, development and transfer outcomes.

8. To facilitate the implementation of bilateral and multilateral cooperation programs and agreements and international integration schemes on high technology in hi-tech parks.

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

1. In addition to the investment incentives and supports specified in this Decree, export processing enterprises in hi-tech parks specified in Clause 2, Article 32 of this Decree may, when satisfying customs inspection and supervision conditions and complying with the provisions applicable to non-tariff zones of the law on import duty and export duty, apply regulations exclusively applicable to export processing enterprises operating in industrial parks or economic zones under regulations on industrial parks and economic zones.

In case enterprises in hi-tech parks satisfy the conditions on customs inspection and supervision and comply with the provisions applicable to non-tariff zones of the law on import duty and export duty before the effective date of this Decree, they may apply the same regulations as those for export processing enterprises operating in industrial parks or economic zones under regulations on industrial parks and economic zones from the date they prove such satisfaction or compliance.

2. Investment procedures for export processing enterprises in hi-tech parks

a/ The investment registration for investment projects on establishment of export processing enterprises must comply with the investment law and this Decree;

b/ An investment project dossier must comprise documents specified for an investment project applying high technology to manufacture hi-tech products and a written commitment on the project’s satisfaction of customs inspection and supervision conditions applicable to non-tariff zones specified in the law on import duty and export duty;

c/ Investment objectives of an export processing enterprise shall be stated in the investment policy approval decision/investment registration certificate or a document certifying the investment project’s adherence to the principles for carrying out hi-tech activities specified in this Decree.

Section 3

OTHER POLICIES

Article 17. Planning and construction management

1. Master plans on construction of hi-tech parks shall be formulated on the basis of hi-tech park development plans in provincial master plans and the Prime Minister’s decisions on establishment of hi-tech parks. The formulation, appraisal and approval of hi-tech park construction master plans must comply with regulations on construction master plans applicable to functional zones.

2. Approved general master plans on construction and zoning master plans on construction of hi-tech parks serve as a basis for the formulation of detailed construction plans; preparation of prefeasibility study reports, investment policy proposals, feasibility studies and investment policy decisions for hi-tech park infrastructure projects using public investment funds in accordance with the law on public investment; the compilation of dossiers and approval of investment policy for investment projects on construction and commercial operation of infrastructure facilities of hi-tech parks and investment projects in hi-tech parks in accordance with law.

3. Upon the formulation of zoning master plans on construction of hi-tech parks in areas where general master plans on construction or general master plans on urban areas have been approved by competent authorities, planning tasks are not required to be formulated. Upon the formulation of detailed master plans on construction in hi-tech parks in areas included in general master plans on construction (if any) or zoning master plans on construction approved by competent authorities, no planning tasks are required to be formulated.

4. Investment in the construction of works in hi-tech parks must comply with the construction, land and investment laws and other relevant laws.

5. Hi-tech park management boards shall coordinate with specialized agencies in charge of planning and construction and People’s Committees at all levels in managing the planning, construction investment, quality management of construction works, and carrying out inspection, examination, and handling of violations related to planning and construction in hi-tech parks in accordance with law.

Article 18. Land management

1. Based on general master plans on construction (for hi-tech parks on an area of 500 hectares or more each) or zoning master plans on construction (for hi-tech parks on an area of under 500 hectares each) approved by competent authorities, provincial-level People’s Committees shall decide to allocate land areas to hi-tech park management boards for management, construction and development of hi-tech parks.

2. Hi-tech park management boards shall decide to sub-allocate land without collecting land use levy in the cases specified in Clauses 2 and 3, Article 54 of the Land Law, lease land in the cases specified in Article 56 of the Land Law, extend land use period upon the expiration of the period for land sub-allocation or land lease to conform to the duration of investment projects, or recover leased or sub-allocated land areas in accordance with the land law; and coordinate with other agencies in organizing land management and use, and carrying out inspection, examination, and handling of land-related violations in hi-tech parks in accordance with law.

For investment projects required to satisfy the conditions, principles and criteria specified in Articles 24, 28 and 35 of this Decree, details of commitments of investors shall be stated in decisions on land allocation without collection of land use levy/land lease decisions/land lease (land sublease) contracts as a basis for handling breaches of obligations of land users.

3. Land use regimes applicable to investment projects on construction and commercial operation of infrastructure facilities of hi-tech parks must comply with Article 23 of this Decree.

Article 19. Investment management

1. Hi-tech park management boards shall act as investment registration agencies and performs tasks of state management of investment activities in hi-tech parks within the ambit of their tasks and powers according to relevant regulations.

2. Investment projects in hi-tech parks must comply with the investment law and relevant laws and satisfy the conditions, principles and criteria specified in Articles 24, 28 and 35 of this Decree, depending on their types.

3. For investment projects subject to procedures for investment policy approval or grant of investment registration certificate, investors shall give explanations and commit to satisfying the conditions, principles and criteria specified in Articles 24, 28 and 35 of this Decree, depending on types of investment projects, in their dossiers of request for investment policy approval/grant of investment registration certificate. The agency competent to approve investment policy/grant investment registration certificates in accordance with the investment law shall appraise the content on investors’ commitments during appraisal of requests for investment policy approval/grant of investment registration certificates. Details of investors’ commitments to satisfying the conditions, principles and criteria specified in Articles 24, 28 and 35 of this Decree shall be recorded in investment policy approval decisions/investment registration certificates as a basis for carrying out investment monitoring and evaluation, inspection, examination, and handling of violations in accordance with the Investment Law and relevant laws.

4. For investment projects involving hi-tech activities not subject to procedures for investment policy approval or grant of investment registration certificates, investors shall give explanations and commit to satisfying the principles and criteria specified in Articles 28 and 35 of this Decree, depending on types of investment projects, during performance of procedures for requesting the certification of investment projects’ adherence to the hi-tech operation principles specified in Article 26 of this Decree.

5. Hi-tech park management boards shall annually or irregularly review and evaluate the satisfaction of the conditions, principles and criteria specified in Articles 24, 28 and 35 of this Decree by investment projects.

6. Hi-tech park management boards shall carry out investment monitoring and evaluation, and construction and development of hi-tech parks; supervise and evaluate, and coordinate with related agencies and infrastructure project owners in inspecting and examining contents of investment policy approval decisions/investment registration certificates or written certifications of investment projects’ adherence to the hi-tech operation principles specified in this Decree, satisfaction of requirements on planning, construction, land, environmental protection, and science and technology, and compliance with relevant regulations; guide and solve problems arising in the course of implementation of investment projects in hi-tech parks; coordinate with other agencies in handling administrative violations in accordance with law, and decide to cease or partially cease, terminate or partially terminate operation of investment projects in hi-tech parks in accordance with the investment law.

7. Based on development strategies and plans for each period, hi-tech park management boards shall formulate and submit to provincial-level People’s Committees for promulgation lists of projects calling for investment in hi-tech parks after consulting the Ministry of Science and Technology, for the hi-tech parks specified in Article 31 of the Law on High Technology, or the Ministry of Agriculture and Rural Development, for the hi-tech agricultural zones specified in Article 32 of the Law on High Technology.

Article 20. Management of environmental protection, labor, occupational safety and health, fire prevention and fighting, security and order and other activities

1. The system of technical infrastructure facilities for environmental protection, fire prevention and fighting, and security, order and traffic safety assurance and other necessary activities in hi-tech parks shall be planned, designed, constructed and operated in a synchronous manner suitable to project investment scale and progress, thereby ensuring operation in hi-tech parks and compliance with law.

2. Hi-tech park management boards shall coordinate with specialized state management agencies, People’s Committees at all levels and related agencies in performing the tasks of environmental protection, labor management, fire prevention and fighting, occupational safety and health, security and order assurance and management of other activities in hi-tech parks in accordance with law.

Article 21. Management and operation of technical infrastructure systems

1. Hi-tech park management boards shall organize the management, exploitation, operation and maintenance of technical infrastructure systems of hi-tech parks invested by the State and facilities handed over by infrastructure project owners as specified in Clause 2 of this Article, except those specified in Clause 3 of this Article.

2. Infrastructure project owners shall organize the management, exploitation, operation and maintenance of constructed technical infrastructure facilities or may hand them over to hi-tech park management boards or state enterprises that supply electricity or water or provide telecommunications services for management, exploitation, operation and maintenance in order to ensure the synchronous operation of whole systems.

3. State enterprises that supply electricity or water or provide telecommunications services shall organize the management, exploitation, operation and maintenance of electricity, water or telecommunications infrastructure facilities invested by them and handed over by infrastructure project owners under Clause 2 of this Article.

4. The construction, maintenance and operation of technical infrastructure facilities of hi-tech parks must satisfy the following requirements:

a/ Conformity with construction master plans and construction designs approved by competent authorities;

b/ Assurance of uniformity of technical infrastructure facilities of hi-tech parks;

c/ Assurance of operation of investment projects in hi-tech parks.

5. Charges for use of the State-invested infrastructure facilities (including also wastewater treatment charge) constitute a revenue to cover expenses for management, exploitation, operation and maintenance of technical infrastructure systems invested by the State, excluding construction investment costs. Every year, hi-tech park management boards shall promulgate or submit to provincial-level People’s Committees for promulgation charge rates for use of infrastructure facilities invested by the State.

6. For hi-tech parks having the whole or part of their technical infrastructure systems constructed with state budget funds, expenses for the management, exploitation and operation of such technical infrastructure systems shall be covered by infrastructure use charge amounts collected from investors and compensation and support amounts provided by the state budget during the period when such hi-tech parks are not yet fully occupied and revenues are not enough to cover expenses. The state budget’s support must comply with regulations on decentralization of powers for state budget management.

7. Charges for use of infrastructure facilities invested by infrastructure project owners constitute a revenue to cover expenses for management, operation and maintenance of technical infrastructure systems and construction investment items (for the investment projects on construction and commercial operation of infrastructure specified in Clause 2, Article 23 of this Decree) paid by infrastructure project owners.

8. Infrastructure project owners shall determine infrastructure use charge rates; expenses for ground preparation; selling prices or rent rates for workshops, offices, warehouses and storing yards; sublease charge rates for land with technical infrastructure facilities, and other service charges specified by law and register charge rate brackets and types of charges with hi-tech park management boards. For infrastructure project owners in hi-tech parks with part of their technical infrastructure facilities constructed with state budget funds under Clause 2, Article 23 of this Decree, the above charge rate brackets and types of charges shall be approved by hi-tech park management boards.

Once every 6 months or when wishing to make an increase exceeding 10% compared to registered charge rates, infrastructure project owners shall register charge rate brackets and types of charges with hi-tech park management boards. In case of necessity, based on the evaluation of relevant regulations and degree of impact on the business investment environment in localities, hi-tech park management boards shall appraise charge rate brackets and types of charges and request infrastructure project owners to re-register them under this Clause.

9. The management and use of technical infrastructure systems constructed with state budget funds and classified as public assets must comply with regulations on public asset management and use.

Article 22. Exit, entry, temporary residence or stay in hi-tech parks

1. Investors, experts, workers and their family members (including parents, spouses, and children aged under 18 years or over 18 years living together with such persons) who are foreigners may be considered for issuance of multiple-entry visas with a validity duration conformable with their working periods in hi-tech parks under regulations.

2. Workers may temporarily reside or stay at accommodation establishments in hi-tech parks to carry out activities in such hi-tech parks when the following conditions are satisfied:

a/ Accommodation areas are located separately from production areas and offices, meeting requirements on environmental safety distance and occupational health and safety in accordance with the construction law and other relevant laws; ensure security and order and do not affect production and business activities of enterprises in hi-tech parks;

b/ Workers being Vietnamese citizens may temporarily reside or stay in hi-tech parks in accordance with the residence law; foreign workers may temporarily reside in hi-tech parks in accordance with the law on foreigners’ entry into, exit from, transit through, and residence in Vietnam.

3. In case of force majeure events such as disasters, environmental catastrophes, fires, epidemics, wars, demonstrations or riots or other cases of emergency, workers may stay at enterprises in hi-tech parks under the following provisions:

a/ Workers being Vietnamese citizens may stay at enterprises in hi-tech parks in accordance with the residence law;

b/ Foreign workers may stay at enterprises in hi-tech parks for no more than 30 days and shall make temporary residence declaration in accordance with the law on foreigners’ entry into, exit from, transit through, and residence in Vietnam.

Article 23. Investment in construction and commercial operation of infrastructure facilities in hi-tech parks

1. Investment in construction and commercial operation of infrastructure facilities of hi-tech parks shall be implemented for the whole technical infrastructure systems of hi-tech parks (in case state budget funds do not cover expenses for the construction of such systems) or for part of technical infrastructure systems of hi-tech parks (in case state budget funds cover expenses for the construction of part of such systems).

2. For investment projects on construction and commercial operation of infrastructure facilities in hi-tech parks for which state budget funds cover part of expenses for the construction of technical infrastructure systems:

a/ For land areas for construction of technical infrastructure systems and land areas for public use under approved zoning master plans on construction of areas of investment projects on commercial operation of infrastructure, hi-tech park management boards shall lease such areas to infrastructure project owners for the construction of technical infrastructure systems and public-use facilities. Infrastructure project owners may lease their invested infrastructure facilities to investors carrying out production and business activities in areas of investment projects on commercial operation of infrastructure after having completed the construction according to approved project phases;

b/ For land areas for investment projects on production and business in areas of investment projects on commercial operation of infrastructure (excluding the land areas specified at Point a of this Clause), hi-tech park management boards shall, based on the progress of investment in the construction of technical infrastructure systems and investment attraction plans, hand over such land areas to infrastructure project owners for carrying out ground preparation or constructing workshops, offices, warehouses and storing yards for lease. After completing ground preparation or construction of workshops, offices, warehouses and storing yards, infrastructure project owners shall hand over the land areas back to hi-tech park management boards.

Infrastructure project owners may lease their invested technical infrastructure systems, workshops, offices, warehouses and storing yards to investors within the scope of investment projects on commercial operation of infrastructure and may collect the infrastructure use charge under Clause 7, Article 21 of this Decree, expenses for ground preparation (if any), rentals or purchase payments for workshops, offices, warehouses and storing yards and other money amounts (if any) from investors under regulations;

c/ Infrastructure project owners that construct workshops, offices, warehouses and storing yards for lease shall be granted certificates of ownership of workshops on land in accordance with the land law in case owners of construction works are not land users and are leased workshops in accordance with law;

d/ In case infrastructure project owners are willing to make advance payment for compensations for ground clearance under plans approved by competent state agencies for the land areas specified at Point a of this Clause, they may include the advanced amounts in project investment costs.

In case infrastructure project owners make advance payment for compensations for ground clearance for land areas directly leased by the State to investors under Point b of this Clause, investors shall pay to infrastructure project owners the amounts advanced under plans approved by competent authorities and clear such amounts against refundable compensations for ground clearance and land rentals payable by investors to the State.

3. For investment projects on construction and commercial operation of infrastructure facilities of hi-tech parks for which state budget funds do not cover expenses for construction of technical infrastructure systems:

a/ Infrastructure project owners may be leased land by the State for implementation of investment projects on construction and commercial operation of technical infrastructure facilities of hi-tech parks;

b/ Infrastructure project owners may sublease land areas with technical infrastructure systems and offices, workshops, warehouses and storing yards in accordance with the laws on investment, construction, land, and real estate business and relevant laws;

c/ For investment projects required to satisfy the principles and criteria specified in Article 28 or 35 of this Decree, infrastructure project owners may sublease land areas with technical infrastructure systems and offices, workshops, warehouses and storing yards after management boards issue written certifications of the projects’ adherence to the hi-tech operation principles specified in Clause 4, Article 19, and Article 26, of this Decree;

d/ In case infrastructure project owners are willing to make advance payment for compensations for ground clearance under plans approved by competent state agencies, they may include the advanced amounts in project investment costs.

Article 24. Conditions for investors of investment projects on construction and commercial operation of infrastructure facilities of hi-tech parks

1. Investors of investment projects on construction and commercial operation of infrastructure facilities of hi-tech parks must satisfy the following conditions:

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

b/ Conditions for being entitled to land allocation, lease or repurposing by the State or for implementation of investment projects on construction and commercial operation of infrastructure facilities of hi-tech parks in accordance with the land law and other relevant laws.

In case investors implementing investment projects on construction and commercial operation of infrastructure facilities of hi-tech parks are economic organizations expected to be established by foreign investors in accordance with the investment and enterprise laws, such economic organizations must be able to satisfy the conditions for being entitled to land allocation, lease or repurposing by the State in accordance with the land law and other relevant laws.

2. Investors that implement investment projects on construction and commercial operation of infrastructure facilities under Clause 3, Article 23 of this Decree must, in addition to the conditions specified in Clause 1 of this Article, satisfy the following conditions when carrying out the procedures for requesting investment policy approval and in the course of project implementation:

a/ Registering and committing to dealing in sectors/business lines and types of investment projects to be attracted in hi-tech parks based on hi-tech park development orientations stated in the Scheme on establishment and expansion of hi-tech parks approved under the Prime Minister’s Decision on establishment and expansion of hi-tech parks; committing to attracting investment projects currently involving hi-tech operations and satisfying the principles and criteria specified in Articles 28 and 35 of this Decree;

b/ Formulating and implementing a mechanism for inspection and supervision of the implementation of investment projects and fulfillment of commitments to satisfying the principles and criteria for investment projects specified in Articles 28 and 35 of this Decree, and sending annual or irregular reports on implementation results to hi-tech park management boards.

3. In case of application of bidding for investor selection, standards for evaluation for selection of investors to implement investment projects on construction and commercial operation of infrastructure facilities of hi-tech parks include:

a/ Standards for evaluation of investors’ capacity, which shall be formulated on the basis of the conditions specified in Clause 1 of this Article and Clause 2 of this Article (for investors implementing investment projects on construction and commercial operation of infrastructure facilities under Clause 3, Article 23 of this Decree);

b/ Standards for evaluation of investors’ experience, which shall be formulated on the basis of area, and implementation schedule and progress of investment projects on construction and commercial operation of infrastructure facilities of hi-tech parks or other real estate projects which investors have implemented or for which investors have contributed equity for project implementation; and institutional owners, members and founding shareholders of investors have implemented or contributed equity for project implementation;

c/ Standards for technical evaluation, which shall be formulated on the basis of contents of competent authorities’ decisions approving master plans on construction of hi-tech parks, decisions approving investment policy for investment projects on construction and commercial operation of infrastructure facilities of hi-tech parks, and other relevant regulations;

d/ Standards for financial and commercial evaluation, which shall be formulated on the basis of contents of competent authorities’ decisions approving investment policy for investment projects on construction and commercial operation of infrastructure facilities of hi-tech parks and other relevant regulations on selection of investors to implement land-using investment projects.

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

1. In addition to the general rights and obligations of investors and enterprises in accordance with the investment and enterprise laws, this Decree and other relevant laws, investors implementing investment projects in hi-tech parks and infrastructure project owners have the following rights and obligations:

a/ To comply with regulations on security, order, occupational safety and health, work quality, environmental protection and fire and explosion prevention and fighting; to pay the law-specified levies, charges and fees;

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

c/ To report to local investment registration agencies and state management agencies in charge of statistics on the implementation of investment projects in accordance with the investment law;

d/ Investors that use land, workshops, offices, warehouses and storing yards in areas of investment projects on commercial operation of infrastructure under Clause 2, Article 23 of this Decree shall pay levy for use of the State-invested infrastructure facilities under Clause 5, Article 21 of this Decree; levy for use of infrastructure facilities invested by infrastructure project owners under Clause 7, Article 21 of this Decree; and rental for workshops, offices, warehouses and storing yards and expenses for ground preparation (if any);

dd/ Investors that use land, workshops, offices, warehouses and storing yards in areas of investment projects on commercial operation of infrastructure under Clause 3, Article 23 of this Decree shall pay to infrastructure project owners the rental for land, workshops, offices, warehouses and storing yards (if any); and levy for use of infrastructure facilities invested by infrastructure project owners under Clause 7, Article 21 of this Decree.

2. In addition to Clause 1 of this Article, investors that use land, offices, workshops, warehouses and storing yards to implement investment projects specified in Articles 28 and 35 of this Decree shall adhere to the principles applicable to corresponding types of investment projects.

Investors’ commitments to satisfying the principles and criteria specified in Articles 28 and 38 of this Decree shall be stated in investment policy approval decisions/investment registration certificates/decisions on land allocation without collection of land use levy/land lease decisions/land lease (land sublease) contracts or written certifications of investment projects’ adherence to the hi-tech operation principles specified in this Decree as a basis for investment monitoring and evaluation, and inspection, examination, and handling of violations for their failure to properly fulfill such commitments; violation handling measures include: non-application of investment incentives, cessation or partial cessation or termination or partial termination of the operation of projects in case investors fail to remedy their violations within 1 year or within the time limit stated in operation cessation decisions in accordance with the Investment Law and relevant laws.

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

a/ To rent, negotiate and cooperate with other investors in constructing, repairing, maintaining and operating hi-tech park infrastructure facilities of hi-tech parks or share infrastructure facilities inside and outside hi-tech park fences in accordance with the civil law and other relevant laws;

b/ To collect the amounts specified in Clause 8, Article 21 of this Decree;

c/ To coordinate with hi-tech park management boards, tax offices and related agencies in inspecting, examining, supervising, and handling violations in the implementation of regulations in areas of investment projects on construction and commercial operation of infrastructure facilities of hi-tech parks;

d/ For investment projects on construction and commercial operation of infrastructure facilities of hi-tech parks for which state budget funds do not cover expenses for construction of technical infrastructure systems as specified in Clause 3, Article 23 of this Decree, infrastructure project owners must satisfy the conditions specified in Clause 2, Article 24 of this Decree.

Article 26. Order and procedures for certifying investment projects’ adherence to the hi-tech operation principles specified in Clause 4, Article 19 of this Decree

1. An investor shall make 1 dossier for certification of an investment project’s adherence to the hi-tech operation principles and send it to the hi-tech park management board (by hand-delivery or by post).

2. A dossier for certification of an investment project’s adherence to the hi-tech operation principles must comprise:

a/ A written request for implementation of the investment project, including a commitment to bearing all expenses and risks if the investment project is evaluated as unsatisfactory;

b/ A document on the investor’s legal person status;

c/ An investment project proposal, which must have the following principal contents: explanations about and commitment to satisfying the principles and criteria specified in Articles 28 and 35 of this Decree; objectives, scale, capital and investment schedule; demand for labor and land; proposed investment incentives; and preliminary environmental impact assessment;

d/ Other documents (if any).

3. Within 1 working day after receiving a complete dossier, the hi-tech park management board shall send it to agencies for collecting the latter’s opinions according to the following provisions:

a/ For the hi-tech parks specified in Article 31 of the Law on High Technology, the hi-tech park management board shall send the dossier to the provincial-level Departments of Science and Technology, Planning and Investment, and Natural Resources and Environment and other agencies for collecting their opinions in related fields;

b/ For the hi-tech agricultural zones specified in Article 32 of the Law on High Technology, the hi-tech park management board shall send the dossier to the provincial-level Departments of Agriculture and Rural Development, Science and Technology, Planning and Investment, and Natural Resources and Environment and other agencies for collecting their opinions in related fields.

4. Within 7 working days after receiving a complete dossier, the consulted agencies shall give their opinions on the satisfaction of the principles and criteria specified in Articles 28 and 35 of this Decree by each corresponding type of investment projects.

5. Within 15 working days after receiving a complete dossier, the hi-tech park management board shall evaluate the dossier and make a report on the satisfaction of the principles and criteria specified in Articles 28 and 35 of this Decree for each corresponding type of investment projects.

6. In case an investment project is evaluated as satisfactory, within 1 working day, the hi-tech park management board shall send to the investor and infrastructure project owner a written certification of the investment project’s adherence to the hi-tech operation principles for use as a basis for land sublease or rent of workshops, offices, warehouses and storing yards.

7. In case the registration dossier is incomplete or invalid or the investment project is evaluated under Clause 5 of this Article as unsatisfactory, within 1 working day after receiving the registration dossier or obtaining investment project evaluation results, the hi-tech park management board shall notify such in writing to the investor and infrastructure project owner, clearly stating the reasons for unsatisfactory evaluation results.

Chapter IV

HI-TECH ACTIVITIES IN HI-TECH PARKS

Section 1

HI-TECH ACTIVITIES IN HI-TECH PARKS SPECIFIED IN ARTICLE 31 OF THE LAW ON HIGH TECHNOLOGY

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

Hi-tech activities in hi-tech parks include: hi-tech research and development; hi-tech application; hi-tech incubation and hi-tech business incubation; hi-tech human resource training; hi-tech fairs, exhibitions and demonstrations, and demonstration of hi-tech products turned out from hi-tech research, application and transfer outcomes; production and trade of hi-tech products; and provision of hi-tech services.

Article 28. Principles applicable to investment projects carrying out hi-tech activities in hi-tech parks

1. The objectives and contents of operation of investment projects must ensure conformity with the tasks of hi-tech parks specified in Clause 2, Article 31 of the Law on High Technology.

2. To ensure application of eco-friendly and energy-efficient measures.

3. To ensure conformity with master plans and possibility of providing technical infrastructure and social infrastructure of hi-tech parks and compliance with relevant regulations.

4. Investors proposing investment projects must be financially capable or capable to mobilize other lawful resources to ensure funding sources for construction investment, maintenance and operation of projects; and have technological and managerial capacity to ensure that projects are constructed and implemented as scheduled and planned.

5. To prioritize investment projects with investment ratio (project investment cost per unit of land area) higher than the average investment ratio in a functional sub-zone.

6. In addition to the principles specified in Clauses 1, 2, 3, and 4 of this Article, each type of investment project must satisfy the respective criteria specified in Clause 2, Article 29; Clause 2, Article 30; Clause 2, Article 31; Clause 1, Article 32; or Clause 1, Article 33, of this Decree.

Article 29. Hi-tech research and development

1. Hi-tech research and development activities in hi-tech parks include: research and mastering of transferred or imported high technologies; hi-tech decoding; research and utilization of inventions, testing and trial production for creating high technologies and new technologies as substitutes for imported technologies; research to improve and develop high technologies for application to production of new products and hi-tech products, provision of hi-tech services, and hi-tech transfer; and hi-tech human resource training associated with the above-mentioned activities.

2. In addition to the principles specified in Clauses 1, 2, 3, and 4, Article 28 of this Decree, an investment project for hi-tech research and development facilities in a hi-tech park must also satisfy the following criteria:

a/ Having objectives, plans and roadmaps for hi-tech research and development for short and long terms; having plans for hi-tech transfer, collaboration, commercialization and application for turning out hi-tech products and services;

b/ The project’s technologies and products must conform to the List of high technologies prioritized for development investment or the List of hi-tech products promoted for development promulgated together with the Prime Minister’s decision. In case the project’s technologies or products are new or advanced technologies that are outside the above-mentioned List, the concerned hi-tech park management board shall report thereon to the Ministry of Science and Technology for the latter to consult the Prime Minister about approval of technologies or products for research and development of the project;

c/ Creating high technologies as substitutes for imported high technologies and for application to production of hi-tech products; turning out key products for economic sectors as substitutes for imported products;

d/ Complying with quality standards and technical regulations on environment in the project’s areas of operation in accordance with law;

dd/ Satisfying criteria on labor and human resources engaged in research and development activities, expenditure levels and items for research and development activities, and machinery and equipment serving research and development under the Ministry of Science and Technology’s regulations.

Article 30. Hi-tech human resource training

1. Hi-tech human resource training covers: training qualified and skilled persons meeting the requirements of hi-tech research, development and application activities; forming strong research groups and establishing modern hi-tech research and training institutions; collaborating with universities and research institutes outside hi-tech parks to provide training for bachelor’s, master’s and doctoral degrees in majors associated with prioritized technology fields specified in the Law on High Technology and on the List of high technologies prioritized for development investment; training and providing highly qualified human resources for operating hi-tech product production equipment and lines, providing hi-tech services, and managing hi-tech activities.

2. In addition to the principles specified in Clauses 1, 2, 3 and 4, Article 28 of this Decree, an investment project for hi-tech human resource training facilities in a hi-tech park must also satisfy the following criteria:

a/ Training research and managerial officers and technicians for manufacturing of hi-tech products; attracting foreign experts as volunteers and overseas Vietnamese experts to participate in hi-tech human resource training in hi-tech parks;

b/ Having specific plans and roadmaps for development of hi-tech human resources; complying with Vietnam’s current regulations on training and development of human resources;

c/ Having orientations for formation of strong scientific research groups; developing hi-tech human resource training institutions up to international level.

Article 31. Hi-tech incubation and hi-tech business incubation

1. In addition to the principles specified in Clauses 1, 2, 3 and 4, Article 28 of this Decree, a project selected by a hi-tech incubator or hi-tech business incubator for incubation must also create high technologies or hi-tech products that are on the List of high technologies prioritized for development investment or the List of high-tech products promoted for development promulgated together with the Prime Minister’s decision.

Hi-tech park management boards shall monitor, supervise and guide the selection of projects specified in this Clause.

2. In addition to the principles specified in Clauses 1, 2, 3 and 4, Article 28 of this Decree, investment projects in hi-tech incubators and hi-tech business incubators must also meet the conditions for hi-tech incubators and hi-tech business incubators under the Ministry of Science and Technology’s regulations.

Article 32. Hi-tech application to manufacturing of hi-tech products

1. In addition to the principles specified in Clauses 1, 2, 3 and 4, Article 28 of this Decree, an investment project on hi-tech application to manufacturing of hi-tech products must also satisfy the following criteria:

a/ Ensuring its technologies are on the List of high technologies prioritized for development investment promulgated together with the Prime Minister’s decision;

b/ Ensuring economical and efficient use of energy;

c/ Ensuring that its quality management system meets specialized international standards;

d/ Complying with standards or technical regulations on environment in the project’s areas of operation in accordance with Vietnam’s law. It is encouraged to meet ISO 14000 standards or equivalent standards on environment.

dd/ Meeting the criteria on ratio of revenue from production of hi-tech products, labor and human resources engaged in hi-tech research, development and application, and expenditure levels for technology research, development and application and technological lines under the Ministry of Science and Technology’s regulations.

2. Export-processing enterprises in hi-tech parks are enterprises established in hi-tech parks to implement investment projects under this Article, specialized in export production and separated from the outside areas under the provisions applicable to non-tariff areas of the import duty and export duty law.

Investment procedures and policies for export-processing enterprises must comply with Clause 2, Article 16 of this Decree.

Article 33. Provision of hi-tech services

Investment projects on provision of hi-tech services must adhere to the principles specified in Clauses 1, 2, 3 and 4, Article 28 of this Decree, and to-be-provided hi-tech services must be on the List of high technologies prioritized for development investment or the List of hi-tech products promoted for development promulgated together with the Prime Minister’s decision.

Section 2

HI-TECH ACTIVITIES IN HI-TECH AGRICULTURAL ZONES SPECIFIED IN ARTICLE 32 OF THE LAW ON HIGH TECHNOLOGY

Article 34. Types of hi-tech activities in hi-tech agricultural zones

Types of hi-tech activities in hi-tech agricultural zones include: research and application, testing and demonstration of hi-tech agricultural production models; combination of hi-tech research and application and production of hi-tech products in agriculture; hi-tech human resource training in agriculture; fairs, exhibitions and demonstrations of hi-tech agricultural products.

Article 35. Principles applicable to investment projects carrying out hi-tech activities in hi-tech agricultural zones

1. The objectives and contents of operation of investment projects must ensure conformity with the tasks of hi-tech agricultural zones specified in Clause 2, Article 32 of the Law on High Technology.

2. To ensure application of eco-friendly and energy-efficient measures; to have commitments to reducing greenhouse gas emissions, with a roadmap for achieving net-zero emissions.

3. To ensure conformity with possibility of providing technical infrastructure and social infrastructure of hi-tech agricultural zones.

4. Investors proposing investment projects must be financially capable or capable to mobilize other lawful resources to ensure funding sources for construction investment, maintenance and operation of projects; and have technological and managerial capacity to ensure that investment projects are constructed and implemented as scheduled and planned.

5. In addition to the principles specified in Clauses 1, 2, 3 and 4 of this Article, each type of investment project must satisfy the respective criteria specified in Clause 2, Article 36; Clause 2, Article 37; Clause 2, Article 38; or Clause 1, Article 39, of this Decree.

Article 36. Hi-tech research and application

1. Hi-tech research and application activities in hi-tech agricultural zones include: combination of research, adaptive research and mastering of transferred or imported high technologies; research for improvement and trial production of high technologies to be applied to agricultural production, demonstration of hi-tech agricultural production models, and hi-tech transfer.

2. In addition to the principles specified in Clauses 1, 2, 3 and 4, Article 35 of this Decree, an investment project in hi-tech research and application facilities in a hi-tech agricultural zone must also satisfy the following criteria:

a/ Having objectives, plans and roadmaps for research; having plans for hi-tech transfer, commercialization and application for production of hi-tech agricultural products and provision of hi-tech services;

b/ Ensuring its technologies must conform to the List of high technologies prioritized for development investment promulgated together with the Prime Minister’s decision. In case the project’s technologies are new or advanced ones that are outside the above-mentioned List, the concerned hi-tech management board shall report thereon to the Ministry of Agriculture and Rural Development for the latter to coordinate with the Ministry of Science and Technology in consulting the Prime Minister about approval of technologies for research and application of the project;

c/ Turning out key products in agriculture as substitutes for imported products and increasing exports; creating technologies to promote advantages and overcome disadvantages in terms of natural conditions, weather, climate change scenarios, and epidemic prevention and control;

d/ Complying with quality standards and technical regulations on environment in the project’s areas of operation in accordance with law;

dd/ Satisfying criteria on labor and human resources engaged in research activities, and expenditure levels and items for research activities under the Ministry of Agriculture and Rural Development’s regulations.

Article 37. Hi-tech human resource training in agriculture

1. Human resource training activities include: training human resources associated with research and application activities, training qualified and skilled persons meeting the requirements of hi-tech research and application activities; forming strong research groups; collaborating with universities, research institutes and research facilities outside hi-tech agricultural zones to provide training for bachelor’s, master’s and doctoral degrees in priority agricultural majors specified in the Law on High Technology and on the List of high technologies prioritized for development investment; training and providing human resources capable of mastering and applying high technologies to hi-tech agricultural production, providing hi-tech services, and managing hi-tech activities.

2. In addition to the principles specified in Clauses 1, 2, 3 and 4, Article 35 of this Decree, investment projects in hi-tech human resource training facilities in hi-tech agricultural zones must also satisfy the following criteria:

a/ Training research and managerial officers and technicians for hi-tech agricultural production; attracting experts at home and abroad to participate in hi-tech human resource training in hi-tech agricultural zones;

b/ Having specific plans and roadmaps for development of hi-tech human resources; complying with Vietnam’s current regulations on training and development of human resources.

Article 38. Hi-tech application to production of agricultural products

1. Investment projects on hi-tech application to production of agricultural products are investment projects that apply the high technologies on the List of high technologies prioritized for development investment promulgated together with the Prime Minister’s decision to produce agricultural products with high quality, productivity, value and efficiency; and carry out hi-tech research and trial application and technology transfer to serve production.

2. In addition to the principles specified in Clauses 1, 2, 3 and 4, Article 35 of this Decree, an investment project on hi-tech application to production of agricultural products must also satisfy the following criteria:

a/ Ensuring its technologies are on the List of high technologies prioritized for development investment promulgated together with the Prime Minister’s decision. In case the project’s technologies are new or advanced ones that are outside the above-mentioned List, the concerned hi-tech park management board shall report thereon to the Ministry of Agriculture and Rural Development for the latter to coordinate with the Ministry of Science and Technology in consulting the Prime Minister about approval of technologies of the project;

b/ Ensuring economical and efficient use of energy;

c/ Ensuring its quality management system meets specialized international standards;

d/ Complying with standards or technical regulations on environment in the project’s areas of operation in accordance with Vietnam’s law. It is encouraged to meet ISO 14000 standards or equivalent standards on environment;

dd/ Satisfying the criteria on ratio of revenue from production of hi-tech products, human resources directly engaged in hi-tech research and application, and expenditure levels for hi-tech research and application and technological lines under the Ministry of Agriculture and Rural Development’s regulations.

Article 39. Provision of hi-tech services in agriculture

Investment projects on provision of hi-tech services must adhere to the principles specified in Clauses 1, 2, 3 and 4, Article 35 of this Decree, and to-be-provided hi-tech services must be on the List of high technologies prioritized for development investment or the List of hi-tech products promoted for development promulgated together with the Prime Minister’s decision.

Chapter V

STATE MANAGEMENT OF HI-TECH PARKS

Article 40. Contents of state management of hi-tech parks

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

2. Promulgating, guiding, disseminating, and organizing the implementation of, policies, laws, standards and technical regulations concerning the establishment, investment, construction planning, construction, land, environmental protection, science and technology, labor, security, social order, fire prevention and fighting, and activities of hi-tech parks; building and managing the national information system on hi-tech parks.

3. Organizing state management activities, performance of administrative procedures, and provision of support services related to hi-tech activities, investment, production and business activities of investors, organizations and individuals in hi-tech parks.

4. Carrying out supervision, evaluation, inspection, examination, handling of violations, and evaluation of operation and investment efficiency of hi-tech parks; providing information, guidance and support, and promptly solving arising problems; settling complaints and denunciations, and carrying out commendation in the course of establishment and development of hi-tech parks.

5. Organizing activities to promote investment in hi-tech parks; carrying out science and technology-related international integration and international cooperation on high technologies and hi-tech parks.

6. Providing the organizational apparatus of, and providing professional training and further training for, state management agencies in charge of hi-tech parks.

Article 41. Responsibilities for state management of hi-tech parks

1.The Government shall perform the unified state management of hi-tech parks nationwide by assigning specific tasks and delegating specific powers to each ministry, ministerial-level agency, provincial-level People’s Committee and hi-tech park management board under this Decree; direct the formulation and implementation of development master plans and plans, and promulgate policies and legal documents on hi-tech parks.

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

a/ To direct ministries, ministerial-level agencies, provincial-level People’s Committees and hi-tech park management boards in implementing laws and policies on hi-tech parks;

b/ To decide on the establishment and expansion, and promulgate operation regulations, of hi-tech parks; to decide on the establishment of hi-tech park management boards (unless otherwise provided by law); to approve and modify general master plans on construction of hi-tech parks;

c/ To direct the solution of problems arising in the course of investment, establishment, administration and management of operation of hi-tech parks that fall beyond the competence of ministries, ministerial-level agencies or provincial-level People’s Committees.

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

a/ Perform the state management of hi-tech parks in their sectors, fields or administrative territories;

b/ Guide, and provide the delegation of powers and authorization to hi-tech park management boards to perform a number of state management tasks falling within their competence in accordance with this Decree and relevant regulations.

The delegation of powers and authorization must adhere to the principle of ensuring stability, facilitating the implementation of the  single-window administrative mechanism, supporting investors in carrying out business investment activities in hi-tech parks, and ensuring suitability with the professional and organizational capacity of hi-tech park management boards;

c/ For state management tasks that are not assigned or authorized under Point b of this Clause, direct the formulation of mechanisms for coordination between related functional units and hi-tech park management boards in the course of implementation to ensure the effectiveness of the state management of hi-tech parks;

d/ Examine, inspect, supervise, and handle according to their state management competence, violations committed by hi-tech park management boards and investors implementing investment projects in hi-tech parks.

Article 42. State management powers and responsibilities of the Ministry of Science and Technology

1. To assume the prime responsibility for assisting the Government in performing the unified state management of hi-tech parks.

2. To assume the prime responsibility for, and coordinate with provincial-level People’s Committees and related agencies in, proposing the Prime Minister to decide to establish, expand, and promulgate operation regulations of hi-tech parks, for those specified in Article 31 of the Law on High Technology.

3. To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies, provincial-level People’s Committees, hi-tech park management boards and related organizations in, performing the state management of hi-tech parks, for those specified in Article 31 of the Law on High Technology, specifically as follows:

a/ Formulating legal documents and policies on management and development of hi-tech parks and submitting them to competent state agencies for promulgation, or promulgating them according to its competence;

b/ Preparing conditions for and carrying out international cooperation and international integration on science and technology for hi-tech parks;

c/ Building databases and the national information system on hi-tech parks in the national database system on science and technology; promulgating regimes of reporting on hi-tech parks; providing information on hi-tech parks to related governmental agencies; and guiding the formulation of indicators for evaluation of science and technology and socio-economic results and efficiency of hi-tech parks;

d/ Proposing inclusion of contents of promotion of investment in hi-tech parks in the National Program on Investment Promotion for submission to the Ministry of Planning and Investment for summarization; sending to provincial-level People’s Committees the opinions on the list of projects calling for investment in hi-tech parks; coordinating with others in preparing and carrying out international cooperation and international integration on science and technology for hi-tech parks;

dd/ Providing professional guidance, training and further training for hi-tech park management boards;

e/ Coordinating with others in organizing supervision, examination and inspection of construction investment, development and operation of hi-tech parks;

g/ Reviewing and evaluating results of establishment and operation, and socio-economic efficiency, of hi-tech parks.

4. To consult the Prime Minister about approval of the technologies and products of investment projects in hi-tech research and development facilities specified at Point b, Clause 2, Article 29 of this Decree; to coordinate with the Ministry of Agriculture and Rural Development in consulting the Prime Minister about approval of the technologies and products of investment projects in hi-tech research and application facilities specified 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 new or advanced technologies that are outside the List of high technologies prioritized for development or the List of hi-tech products promoted for development promulgated together with the Prime Minister’s decision.

5. To coordinate with the Ministry of Construction, Ministry of Natural Resources and Environment, Ministry of Labor, Invalids and Social Affairs, Ministry of Industry and Trade, and related ministries and agencies in guiding the delegation of powers and authorization to hi-tech park management boards the state management of hi-tech parks specified in Article 31 of the Law on High Technology.

Article 43. State management powers and responsibilities of the Ministry of Agriculture and Rural Development

The Ministry of Agriculture and Rural Development has the powers and responsibilities for state management of hi-tech agricultural zones specified in Article 32 of the Law on High Technology as follows:

1. To assume the prime responsibility for, and coordinate with provincial-level People’s Committees and related agencies in, submitting to the Prime Minister decisions on establishment or expansion and promulgation of operation regulations of hi-tech agricultural zones.

2. To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies, provincial-level People’s Committees, hi-tech park management boards, and related organizations in:

a/ Formulating legal documents and policies on management and development of hi-tech agricultural zones;

b/ Proposing contents of promotion of investment in hi-tech agricultural zones under national investment promotion programs to the Ministry of Planning and Investment for summarization; giving opinions on the list of projects calling for investment in hi-tech agricultural zones to provincial-level People’s Committees; formulating and implementing plans on international cooperation and international integration in science and technology for hi-tech agricultural zones;

c/ Promulgating the regime of reporting on hi-tech agricultural zones; providing information about hi-tech agricultural zones to related government agencies; assuming the prime responsibility for, and coordinate with the Ministry of Science and Technology in, building national database and information system on hi-tech agricultural zones in the system of national scientific and technological databases and guiding the formulation of criteria for evaluation of scientific and technological and socio-economic results and efficiency of hi-tech agricultural zones;

d/ Providing guidance and professional training and retraining for hi-tech park management boards;

dd/ Organizing supervision and inspection of the construction, development and operation of hi-tech agricultural zones;

e/ Summarizing and evaluating construction and operation results and socio-economic efficiency of hi-tech agricultural zones.

3. To assume the prime responsibility for, and coordinate with the Ministry of Science and Technology in, consulting the Prime Minister about the approval of technologies of investment projects on hi-tech research and application facilities specified at Point b, Clause 2, Article 36 this Decree and hi-tech investment projects on manufacturing of hi-tech products specified at Point a, Clause 2, Article 38 of this Decree in case technologies of investment projects are new and advanced ones but not on the list of high technologies prioritized for development investment promulgated under the Prime Minister’s decision.

4. To coordinate with the Ministry of Construction, Ministry of Natural Resources and Environment, Ministry of Labor, Invalids and Social Affairs, Ministry of Industry and Trade, and related ministries and agencies in guiding the delegation of powers and authorization to hi-tech park management boards to exercise the competence for state management in hi-tech agricultural zones.

Article 44. State management powers and responsibilities of ministries and ministerial-level agencies

In addition to the powers and responsibilities for state management of hi-tech zones specified in Clause 3, Article 41 of this Decree, the powers and responsibilities of the following ministries and ministerial-level agencies are prescribed as follows:

1. The Ministry of Planning and Investment shall assume the prime responsibility for,  and coordinate with the Ministry of Science and Technology and Ministry of Agriculture and Rural Development in, formulating plans, policies, solutions and resources for the implementation of orientations for development of hi-tech parks under regional master plans; formulating, and organizing the implementation of, national investment promotion plans and programs, coordinating inter-regional and inter-provincial investment promotion activities, including contents of promotion of investment 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 assume the prime responsibility for appraising schemes on establishment or reorganization of hi-tech park management boards established under the Prime Minister’s decision.

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 guide and authorize hi-tech park management boards to issue certificates of origin for goods manufactured in hi-tech parks when the latter satisfy the conditions for authorization.

6. The Ministry of Construction shall guide the state management of construction planning; development and management of operation, exploitation, use and handover of the system of technical infrastructure facilities and provision of technical infrastructure services; and work construction in hi-tech parks.

7. The Ministry of Public Security shall guide and direct the organization of activities to ensure security and order, fire prevention and fighting, foreigners’ exit, entry and residence in hi-tech parks.

8. The Government Inspectorate shall coordinate with related ministries, sectors and provincial-level People’s Committees in guiding and organizing the inspection, examination and handling violations, settlement of complaints and denunciations, and corruption prevention and combat in hi-tech parks in accordance with law.

Article 45. State management responsibilities of provincial-level People’s Committees

1. To propose orientations for construction of hi-tech parks under regional master plans; to assume the prime responsibility for formulating plans on development of the system of hi-tech parks in provincial master plans; to direct and organize the implementation of regional and provincial master plans after they are approved.

2. To prepare dossiers of request for establishment or expansion of hi-tech parks; establishment or reorganization of hi-tech park management boards.

3. For hi-tech parks with their systems of technical infrastructure facilities wholly or partially constructed with the state budget’s investment: To formulate investment plans to develop hi-tech parks, propose supporting funding sources from the central budget to construct hi-tech parks; to estimate and allocate local budget funds for construction investment, investment support and assurance of operation of hi-tech parks for submission to provincial-level People’s Councils for decision; to mobilize other lawful capital sources for construction and development of hi-tech parks.

4. To decide on appointment or relief from duty of heads and vice heads of hi-tech park management boards.

5. To formulate plans and master plans on, and organize the construction of, the system of technical and social infrastructure facilities outside fences of hi-tech parks to ensure synchronous connection with, and conformity with the scale and progress of the provision of services for operation of hi-tech parks.

6. To assume the prime responsibility for, and coordinate with the Ministry of Construction in, formulating, modifying and publicizing for inter-provincial hi-tech parks or general construction master plans subject to approval by the Prime Minister; to direct the formulation of programs and plans and organize the implementation of master plans on construction of hi-tech parks within administrative boundaries of localities under their management in accordance with the construction law.

7. To decide to allocate land to hi-tech park management boards for management, organization of construction and development of hi-tech parks under approved construction master plans; to direct land recovery, payment of compensation, provision of support for resettlement for ground clearance of hi-tech parks in accordance with the land law.

8. To lease land and direct the performance of investment procedures for investment projects on construction and commercial operation of infrastructure pending the establishment of hi-tech park management boards in accordance with the investment law.

9. To adopt policies and arrange investment support sources to attract investment and human resources to hi-tech parks according to their competence, prioritizing the participation of projects and activities in hi-tech parks in local support programs on science and technology, high technologies and innovative startups; to propose activities to be included in the national investment promotion program; to formulate and implement programs and plans on investment promotion, international cooperation and integration in science and technology for hi-tech parks.

10. To publicize the list of projects calling for investment in hi-tech parks in each period.

11. To direct and organize the performance of state management tasks in hi-tech parks; to promulgate and supervise the implementation of regulations on coordination between hi-tech park management boards and agencies of provincial-level People’s Committees; to delegate powers, authorize and direct the authorization to hi-tech park management boards in the fields of science and technology, planning, construction, land, investment, environmental protection, labor, occupational safety and health, food safety, fire prevention and fighting, security and order and other activities, and for inter-agency performance of administrative procedures and other activities in hi-tech parks in accordance with law.

12. To carry out overall monitoring and evaluation of investment in hi-tech parks in accordance with investment and public investment laws and relevant laws, to implement the regime of reporting on investment and all operation and investment efficiency of hi-tech parks.

13. To inspect, examine and handle violations, settle complaints and denunciations and reward merits; to guide, support and promptly solve problems; for problems falling beyond their competence, to coordinate with ministries and ministerial-level agencies in solving them or submitting to the Prime Minister or Government for consideration and decision.

14. To observe the regime of reporting and review of operation of hi-tech park and other tasks and powers for state management of hi-tech parks, role of management agencies in charge of hi-tech park management boards in their localities in accordance with this Decree and law.

Chapter VI

FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF HI-TECH PARK MANAGEMENT BOARDS

Article 46. Functions and legal status of hi-tech park management boards

1. Hi-tech park management board are affiliates of provincial-level People’s Committees and perform the state management of hi-tech parks in provinces and centrally run cities in accordance with this Decree and relevant laws.

2. Hi-tech park management boards have the legal entity status, may use seals bearing the national emblem and open accounts at the State Treasury and banks, and are allocated with state budget funds for their operation.

3. Hi-tech park management boards shall be established under the Prime Minister’s decisions (unless otherwise provided by law); shall submit to direction and management in terms of organization, state payrolls, working plans and programs and operation funds by provincial-level People’s Committees; submit to professional direction, guidance and inspection by relevant line ministries and ministerial-level agencies; closely coordinate with specialized agencies of provincial-level People’s Committees in management of hi-tech parks; perform the tasks of specialized agencies of provincial-level People’s Committees when being delegated powers or authorized to do so; perform the tasks and exercise the powers of specialized agencies of provincial-level People’s Committees and perform other tasks and exercise other powers specified in this Decree and other relevant laws.

Article 47. Tasks and powers of hi-tech park management boards

1. To propose and contribute opinions to competent agencies on the formulation and promulgation of legal documents; orientations and plans to develop hi-tech parks in regional and provincial master plans; to propose schemes to expand and adjust boundaries of hi-tech parks, mechanisms, policies and plans to mobilize resources for building and developing hi-tech parks; incentive and support mechanisms and policies applicable to investors, operation and workers in hi-tech parks.

2. To propose, formulate and submit to competent agencies for approval plans to build and develop hi-tech parks having their systems of technical infrastructure facilities wholly or partially constructed with the state budget’s investment, including medium-term and long-term master plans on construction and development of hi-tech parks; investment promotion programs; public investment plans and financial plans of hi-tech parks.

3. To manage investment projects on construction of hi-tech parks using state budget funds, development assistance sources and other lawful funding sources:

a/ To perform tasks of investment project owners, implement investment projects using state budget funds, official development assistance and other lawful funding sources that are allocated for management in accordance with law;

b/ To decide on investment and exercise the competence of investment decision makers; to organize investor selection, conclude investment agreements and project contracts with investors in the form of public-private partnership (PPP) for group-B and group-C investment projects in hi-tech parks using state budget funds under authorization;

c/ To receive, manage and use ODA loans and other lawful funding sources for investment in construction and development of hi-tech parks.

4. Finance and budget management

a/ To make estimates of annual budgets, expenses for non-business activities and development investment funds and other funding sources (if any) of hi-tech park management boards for submission to competent agencies for approval;

b/ To organize the management of finance, state budget and public assets assigned under the Law on the State Budget, Law on Management and Use of Public Assets, and relevant legal documents;

c/ To organize the collection and remittance into the state budget of land rentals and refunded compensations for ground clearance; infrastructure use charge and wastewater treatment charge for the system of technical infrastructure facilities invested by the State; to organize the collection and management of the use of charges and fees in accordance with law;

d/ To mobilize, receive and use funding sources of organizations and individuals to formulate and modify master plans on construction of hi-tech parks in accordance with law;

dd/ To formulate plans to use revenue sources for further ground clearance, provision of support for scientific and technological activities and annual reinvestment in development of hi-tech parks, and report thereon to provincial-level People’s Committees, ministries and sectors for submission to competent agencies for decision.

5. To coordinate with specialized agencies of People’s Committees at all levels and related agencies in proposing delegation of powers and authorization; to formulate coordination regulations for submission to provincial-level People’s Committees for approval and organize the performance of tasks of state management of science and technology, planning, construction, land, investment, environmental protection, labor, occupational safety and health, food safety, fire prevention and fighting, security and order and other activities in hi-tech parks, and the performance of administrative procedures under the single-window and inter-agency single-window mechanisms.

6. Management and organization of the implementation of master plans and construction

a/ To organize the formulation, appraisal and approval of tasks and plans on zoning of construction of functional sub-zones of hi-tech parks occupying more than 500 hectares each for which general construction master plans have been approved; to decide on partial modification of construction zoning master plans; to appraise and approve construction planning tasks and detailed plans under the delegation of powers and authorization;

b/ To perform and coordinate with other agencies in performing the tasks of state management of planning and construction according to their competence and delegated powers or under authorization; to publicize and provide construction planning information; to plant boundary markers at site and introduce construction locations; to approve total construction grounds and architectural plans; to grant, re-grant, modify, extend or revoke construction permits; to perform the functions of specialized construction agencies in appraising construction investment feasibility study reports, appraising construction designs to be implemented after basic designs and construction cost estimates, for construction investment projects; to manage the quality of construction works for construction investment projects in hi-tech parks and other tasks to ensure the compliance of construction activities in hi-tech parks with approved construction master plans and law.

7. Land management

a/ To organize the management and use of land allocated by provincial-level People’s Committees in accordance with approved construction master plans and development plans; to coordinate with related agencies and organizations in formulating and modifying hi-tech park land use master plans and plans;

b/ To coordinate with organizations in charge of payment of compensations for ground clearance in paying compensations and providing support for settlement and ground clearance for hi-tech parks;

c/ To perform the state management of land areas in hi-tech parks, including the appraisal of land use demand and conditions for land lease; decisions on re-allocation of land without land use levy, land lease, extension of land use term, recovery of allocated or leased land areas in accordance with law; to conclude land lease contracts with land lessees in hi-tech parks; to decide on land rental exemption or reduction and determine exempted or reduced land rental amounts; to determine land-related financial obligations of land users; to determine refunded compensation amounts for ground clearance for land users;

d/ To send registered documents for filing in cadastral records and for updating of databases and submission to competent agencies for grant of certificates of land use rights and ownership of other land-attached assets for land users and land-related administrative procedures under the single window or inter-agency single-window mechanism; to perform land management tasks according to their competence in hi-tech parks in accordance with the land law.

8. Investment management

Hi-tech park management boards are investment registration agencies, performing the state management of investment activities in hi-tech parks:

a/ To approve investment policy and investment policy modification; to select investors to implement projects under investor selection regulations issued by heads of hi-tech park management boards on the basis of choosing to apply provisions of the bidding law and relevant laws, for investment projects falling under their competence in accordance with the investment law;

b/ To grant, re-grant, modify, edit or revoke investment registration certificates for investment projects under their competence in accordance with the investment law;

c/ To conclude written agreements to ensure the implementation of investment projects and carry out procedures to ensure the implementation of investment projects in accordance with this Decree and the investment law;

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

dd/ To grant and revoke executive office operation registration certificates for foreign investors to business cooperation contracts (BCC);

e/ To grant, re-grant, modify, extend or revoke establishment licenses and terminate operation of representative offices of foreign organizations and traders with their offices located in hi-tech parks in accordance with the commercial law;

g/ To perform tasks of provincial-level business registration agencies for registration of enterprise establishment, operation registration of branches, representative offices, business locations and other registration and notification obligations in hi-tech parks in accordance with the business registration law;

h/ To grant certificates of origin for goods manufactured in hi-tech parks as authorized by the Ministry of Industry and Trade;

i/ To certify that investment projects adhere to hi-tech operation principles, for investment projects specified in Clause 4, Article 19 of this Decree;

k/ To supervise and evaluate investment projects in hi-tech parks under their competence; to implement the regime of reporting on investment activities in hi-tech parks for provincial-level People’s Committees, the Ministry of Planning and Investment and Ministry of Science and Technology (for hi-tech parks specified in Article 31 of the Law on High Technology) and Ministry of Agriculture and Rural Development (for hi-tech agricultural zones specified in Article 32 of the Law on High Technology);

l/ To draw up and submit to provincial-level People’s Committees for announcement lists of projects calling for investment in hi-tech parks; to formulate and implement investment promotion programs and plans; to mobilize social resources from organizations, individuals, associations and investors to carry out investment promotion activities; to hire foreign consultants to provide consultancy on investment promotion, strategic consultancy on investment, construction and development of hi-tech parks in accordance with law;

m/ To provide information to and promptly assist investors in tackling difficulties and problems in the course of carrying out investment procedures and implementing investment projects; to perform other tasks of state management of investment in hi-tech parks under their competence.

9. Science and technology management

a/ To evaluate the satisfaction of criteria for hi-tech operation investment projects in hi-tech parks in the course of appraising dossiers of request for approval of investment policy/grant of investment registration certificates, and evaluating investment projects adhering to hi-tech operation principles; to supervise, evaluate and coordinate with related agencies in inspecting, examining and handling violations in accordance with this Decree and laws;

b/ To organize and support the organization of technology incubation and hi-tech enterprise incubation; to train hi-tech human resources and carry out science and technology activities in accordance with law;

c/ To organize and support the organization of hi-tech fairs, exhibitions and demonstrations, demonstration of hi-tech products being outcomes of hi-tech research, application and transfer of foreign countries and Vietnam; science and technology forums, technology markets, technology trading floors and other hi-tech activities in hi-tech parks;

d/ To mobilize, receive and use capital sources and resources to support investment in science and technology development, innovative start-up and hi-tech technical infrastructure development, construction of infrastructure facilities to serve science and technology development; to connect businesses, organizations and individuals engaged in science and technology activities, thereby creating favorable foundation and environment for promotion of the innovation ecosystem in hi-tech parks;

dd/ To build and maintain cooperative relations with science and technology organizations and associations, hi-tech parks, foreign organizations and individuals operating in relevant areas in accordance with law; to participate in scientific research and technological development events, programs and projects under bilateral and multilateral agreements at the regional, inter-regional or international level;

e/ To perform tasks of state management of science and technology in hi-tech parks in accordance with law.

10. Environmental protection management

a/ To perform the state management of environmental protection in hi-tech parks in accordance with the environmental protection law: Examining and supervising the construction of technical infrastructure facilities for environmental protection; coordinating with state management agencies in charge of environmental protection in localities in appraising environmental impact assessment reports, granting environmental licenses, and carrying out inspection of environmental protection; considering preliminary assessment of environmental impacts of investment projects; carrying out examination of environmental protection by establishments in concentrated production, business and service zones in accordance with law; to promptly detect violations of the environmental protection law of organizations and individuals, and proposing measures to handle them in accordance with law;

b/ To perform responsibilities of owners of investment projects on construction and commercial operation of infrastructure facilities in concentrated production, business and service zones in accordance with the environmental protection law for hi-tech parks or areas in hi-tech parks without infrastructure construction and commercial operation investment project owners;

c/ To coordinate with state management agencies in charge of environmental protection and related agencies in organizing public communication about environmental protection, management of wastes and control of other pollutants, environmental monitoring and management of environmental information and databases; to prevent and respond to environmental incidents; to settle environment-related disputes, complaints and denunciations in hi-tech parks;

d/ To promulgate regulations on environmental protection in hi-tech parks in conformity with environmental protection requirements in accordance with law;

dd/ To report on practical environmental protection in hi-tech parks in accordance with law;

e/ To perform other environmental protection tasks as assigned or authorized in accordance with law.

11. Management, operation, maintenance and repair of technical infrastructure systems

a/ To organize the management, operation, maintenance and repair of technical infrastructure systems of hi-tech parks invested by the State and facilities handed over by infrastructure project owners, except facilities specified in Clause 3, Article 21 of this Decree;

b/ To coordinate with state enterprises in providing electricity, water and telecommunications services, and infrastructure project owners and related organizations and agencies in effectively managing and operating technical infrastructure systems in hi-tech parks and synchronously connecting such systems with those in surrounding areas;

c/ To assume the prime responsibility for, and coordinate with related agencies in, formulating and promulgating or submitting for annual promulgation charge rates for use of infrastructure facilities constructed by the State (including also wastewater treatment charge); to appraise charge brackets for infrastructure use, ground preparation expenses, workshop, office and warehouse rent rates and other service charges registered by infrastructure project owners under regulations.

12. Labor management

a/ To perform a number of tasks and powers of specialized labor agencies of provincial-level People’s Committees for workers working in hi-tech parks, including organizing the registration of labor internal rules; receiving collective labor agreements; receiving reports on labor changes; receiving reports on labor subleasing; receiving notices of results of training, further training, qualification and vocational skill improvement; receiving notices of arrangement of overtime work of between over 200 hours and 300 hours per year; receiving and processing enterprises’ registration dossiers for performance of internship contracts and sending of workers to practice abroad for under 90 days;

b/ To receive employers’ mass layoff notices as assigned or authorized by provincial-level People’s Committees;

c/ To coordinate with state management agencies in charge of labor in monitoring labor use in hi-tech parks; to report on practical labor use and management in hi-tech parks in accordance with law;

d/ To monitor and summarize the labor demand and coordinate with competent agencies in supplying labor for hi-tech parks;

dd/ To coordinate with state management agencies and trade unions in hi-tech parks in resolving labor disputes and protecting lawful rights of employees and employers.

13. Management of occupational safety and health and food safety

a/ To urge, inspect and coordinate with state management agencies and trade unions in hi-tech parks in inspecting, examining and handling violations, and investigating labor accidents and food safety incidents, and performing other tasks related to occupational safety and health and food safety in accordance with law;

b/ To summarize and report on occupational safety and health, labor accidents, occupational diseases and food safety of units in hi-tech parks as authorized in accordance with law.

14. Management of security and order, fire prevention and fighting

a/ To assume the prime responsibility for, and coordinate with infrastructure project owners, units operating in hi-tech parks and related agencies in, working out fire prevention and fighting plans in hi-tech parks; to build and maintain operation of technical infrastructure systems and fire prevention and fighting devices; to establish and maintain operation of grassroots and specialized fire prevention and fighting teams in performing fire prevention and fighting tasks in hi-tech parks in accordance with law;

b/ To coordinate with public security offices and competent agencies in organizing fire prevention and fighting activities, maintaining security and order and traffic safety, and organizing security forces in hi-tech parks.

15. Inspection, examination and supervision

a/ To coordinate with state management agencies, competent organizations and agencies in inspecting, examining and settling complaints and denunciations, preventing and combating corruption, wastefulness, 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 order, fire prevention and fighting, and other fields in hi-tech parks in accordance with law;

b/ Civil servants and public employees of hi-tech park management boards shall make administrative violation minutes for violations committed within the scope of performance of official duties and assigned tasks under their competence.

16. To coordinate with state management agencies in providing public administrative services and carrying out administrative procedures in various fields in hi-tech parks under single-window or inter-agency single-window mechanism.

17. Hi-tech park management boards shall create favorable conditions for activities in hi-tech parks in accordance with law; when carrying out activities in hi-tech parks, state management agencies, organizations and individuals shall coordinate with hi-tech park management boards in accordance with law.

18. To organize public communication about and dissemination of laws, emulation and commendation movements for organizations and individuals operating in hi-tech parks.

19. To manage the organization and apparatus of hi-tech park management boards in accordance with law.

20. To implement the regime of reporting on hi-tech parks to the Ministry of Science and Technology (for hi-tech parks specified in Article 31 of the Law on High Technology) and Ministry of Agriculture and Rural Development (for hi-tech agricultural zones specified in Article 32 of the Law on High Technology), and managing agencies, and perform other tasks specified by law or assigned by managing agencies.

Article 48. Organizational structure and state payrolls of hi-tech park management boards

1. A hi-tech park management board has a head and up to 3 deputy heads.

The head shall be appointed and relieved from duty by the provincial-level People’s Committee chairperson. The deputy heads shall be appointed and relieved from duty by the provincial-level People’s Committee chairperson as proposed by the head.

2. The head of a high-tech park management board shall administer all activities of the board, and take responsibility before the provincial-level People’s Committee and before law for activities of the hi-tech park.

3. The organizational structure of a hi-tech park management board consists of assistant units (an office and specialized and operational sections); affiliated public non-business units performing public and public-utility tasks, providing investment and business support services and supporting hi-tech activities; and other organizations in conformity with the development of hi-tech parks, tasks and powers of hi-tech park management boards and in accordance with law.

4. The establishment of the assistant apparatus must satisfy the following conditions and criteria:

a/ To organize management sections in charge of multi-sectors and multi-fields which must have management processes or management objects that are clear and conformable with tasks and powers of hi-tech park management boards;

b/ To meet requirements of workload, at least 7 civil servants shall be appointed to each hi-tech park management board in Hanoi or Ho Chi Minh City; at least 6 civil servants shall be appointed to a section of each hi-tech park management board in grade-I provinces; at least 5 civil servants shall be appointed to a section of each hi-tech park management board in grade- II or -III provinces;

c/ To appoint 1 deputy head for a section of each hi-tech park management board in Hanoi or Ho Chi Minh City the state payrolls of which include under 10 civil servants or a section of each hi-tech park management board in grade-I provinces the state payrolls of which include under 9 civil servants or a section of each hi-tech park management board in grade-II or -III provinces the state payrolls of which include under 8 civil servants;

d/ To appoint up to 2 deputy heads to a section of each hi-tech park management board in Hanoi or Ho Chi Minh City the state payrolls of which include between 10 and 14 civil servants, or a section of each hi-tech park management board in grade-I provinces the state payrolls of which include between 9 and 14 civil servants, or a section of each hi-tech park management board in grade- II or -III provinces the state payrolls of which include between 8 and 14 civil servants;

dd/ The number of deputy heads of a hi-tech park management board’s office is the same as that of specialized and professional sections.

5. The establishment and organizational apparatus of public non-business units of hi-tech park management boards must comply with the law on the establishment, reorganization and dissolution of public non-business units.

6. The number of civil servants and people working in public non-business units of hi-tech park management boards shall be assigned on the basis of job positions and associated with functions, tasks and scope of operation of these boards, and is included in the total state payrolls of civil servants and number of people working in agencies, administrative organizations and public non-business units of provinces and centrally run cities as assigned or approved by competent state agencies.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 49. To amend and supplement the Government’s Decree No. 145/2020/ND-CP of December 14, 2020, detailing and guiding the implementation a number of articles of the Labor Code on working conditions and labor relations:

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

“4. For hi-tech parks, labor use reporting shall be carried out as follows:

a/ Employers shall submit reports on labor changes to provincial-level Labor, Invalids and Social Affairs Departments and hi-tech park management boards via the National Public Service Portal. In case of inability to submit such reports via the National Public Service Portal, employers shall submit paper reports to hi-tech park management boards.

Requirements on time limit and form for reporting by employers must comply with Clause 2 of this Article.

b/ Hi-tech park management boards shall be responsible for fully updating information and reporting on practical labor use in their localities to the Ministry of Labor, Invalids and Social Affairs and provincial-level Labor, Invalids and Social Affairs Departments via the National Public Service Portal within the time limit and according to the set form specified in Clause 3 of this Article.”.

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

“5. An enterprise that sub-leases labor has its head office located or carries out labor sub-leasing activities in the area of a hi-tech park, when submitting reports specified in this Article, shall submit 01 report copy to the hi-tech park management board.”.

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

“4. In case an employer has its head office located or organizes overtime work (for between over 200 hours and 300 hours per year) in a hi-tech park, it shall notify the hi-tech park management board of the organization of overtime work under within the time limit and according to the set form specified in Clauses 2 and 3 of this Article.”.

Article 50. Transitional provisions

1. Hi-tech parks that have completed planning, investment and establishment procedures in accordance with law before the effective date of this Decree are not required to additionally carry out planning, investment and establishment procedures specified in this Decree.

2. Investment projects that have been granted investment licenses/investment certificates/investment policy approval decisions/investment registration certificates before the effective date of this Decree and subject to modification that leads to a change related to their hi-tech operations, modified investment project contents must adhere to the principles for investment projects’ hi-tech operations specified in Article 28 or Article 35 of this Decree.

Article 51. Effect

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

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

a/ The Government’s Decree No. 99/2003/ND-CP of August 28, 2003, promulgating the Regulation on hi-tech parks;

b/ Article 112 of the Government’s Decree No. 31/2021/ND-CP of March 26, 2021, detailing and guiding the implementation of a number of articles of the Investment Law.

Article 52. Organization of implementation

1. The Minister of Science and Technology shall detail the 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 Point dd, Clause 2, Article 36, and Point dd, Clause 2, Article 38 of this Decree.

3. The ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, heads of hi-tech park management boards, and related organizations and individuals shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
TRAN LUU QUANG