Decree No. 35/2022/ND-CP

DECREE

ON MANAGEMENT OF INDUSTRIAL PARKS AND ECONOMIC ZONES

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

Pursuant to the Law on Investment dated 17 June 2020;

Pursuant to the Law on Enterprises dated 17 June 2020;

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

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

Pursuant to the Law on Land dated 29 November 2013;

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

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

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

Pursuant to the Law on Residence dated 13 November 2020;

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

Pursuant to the Labour Code dated 20 November 2019;

Pursuant to the Law on Export Duty and Import Duty dated 06 April 2016;

At the proposal of the Minister of Planning and Investment;

The Government promulgates a Decree on management of industrial parks and economic zones.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Decree prescribes the orientation for building, and the plan for developing the system of, industrial parks and economic zones; infrastructure investment, establishment, operation and development policies for, and state management of, industrial parks and economic zones.

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

Article 2. Interpretation of terms

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

1. An industrial park is an area with defined geographical boundaries, specialised in producing industrial goods and providing services for industrial production.

2. An export processing zone is an industrial park specialised in producing goods for export, providing services for the production of goods for export and export activities; it is separated from the outside area under the regulations applicable to non-tariff zones under the law on export duty and import duty.

3. A supporting industry park is an industrial park specialised in producing supporting industry products and providing services for the production of supporting industry products; at least 60% of the total industrial land area of the industrial park is used to attract investment projects producing supporting industry products under the law on development of supporting industries.

4. A specialised industrial park is an industrial park specialised in producing and providing services for the production of products in a specific line of business; at least 60% of the industrial land area of the industrial park is used to attract investment projects in this line of business.

5. An eco-industrial park is an industrial park in which enterprises participate in cleaner production and efficient use of resources, with linkage and cooperation in production to carry out industrial symbiosis; it meets the criteria prescribed in this Decree.

6. A hi-tech industrial park is an industrial park attracting high-technology and information technology investment projects on the List of especially preferential investment lines under the law on investment, projects with technology transfer on the List of technologies encouraged for transfer under the law on technology transfer, technology incubators and science and technology enterprise incubators under the law on high technology and the law on science and technology, and investment projects in startups, innovation, research and development, and education and training; at least 30% of the industrial land area of the industrial park is used to attract these investment projects.

7. Industrial symbiosis is cooperation among enterprises in an industrial park or in different industrial parks to optimise the use or reuse of inputs and outputs such as raw materials, materials, water, energy, waste, scrap and other elements in production and business.

8. An eco-enterprise is an enterprise that simultaneously implements cleaner production, efficient use of resources and industrial symbiosis solutions in an eco-industrial park; it meets the criteria prescribed in this Decree.

9. An expanded industrial park is an industrial park area formed by increasing the area of a previously established industrial park, in which the expanded portion has boundaries adjacent or close to, and can connect to and share technical infrastructure with, the established industrial park.

10. An industrial subzone is a part of the area of an industrial park, with defined geographical boundaries, specialised in producing and providing services for industrial production; it is defined in the industrial park construction plan approved by a competent state agency.

11. An infrastructure use fee is a fee for paid use of technical infrastructure works and service works, including: road systems, electricity supply, water supply, drainage, communications, waste water and waste treatment and other public service and utility works.

12. An investment project in constructing and operating industrial park infrastructure is an investment project using land to build technical infrastructure in a coordinated manner in an industrial park and to lease or sublease land to investors to build factories, offices, warehouses, and service and public utility works, to implement investment projects and to organise production and business under law.

13. An economic zone is an area with defined geographical boundaries, comprising multiple functional zones, established to achieve the objectives of attracting investment, developing the economy and society, and protecting national defence and security.

14. A coastal economic zone is an economic zone established in a coastal area and its vicinity.

15. A border gate economic zone is an economic zone established in a land border area and its vicinity.

16. A specialised economic zone is an economic zone established in a key economic region, development corridor, development driver area or an area of a similar role identified in the regional plan.

17. A non-tariff zone in an economic zone is a non-tariff zone identified in the general construction plan of the economic zone.

18. Industrial land area is the area of land in an industrial park for investors to lease or sublease to build factories, offices and warehouses, implement investment projects and organise production and business; it is defined in the industrial park construction plan approved by a competent state agency.

19. Service land area is the area of land in an industrial park for investors to lease or sublease to build service and public utility works and implement investment projects; it is defined in the industrial park construction plan approved by a competent state agency.

20. Export processing activity is activity specialised in producing goods for export, providing services for the production of goods for export, and export activities.

21. An export processing enterprise is an enterprise carrying out export processing activity in an export processing zone, industrial park or economic zone.

22. The occupancy rate of an industrial park is the ratio of the area of industrial land and service land leased or subleased to investors who have had investment policy approved, been granted an investment registration certificate, or are implementing projects to lease or sublease land to build factories, offices, warehouses, service and public utility works, implement investment projects and organise production and business under law, to the total area of industrial land and service land of the industrial park, calculated as a percentage (%).

23. Service and public utility works for employees working in industrial parks and economic zones are public works classified by use function under the law on construction, including: education, training and research works; medical works; sports, cultural and park works; commercial works; accommodation establishments; service works and other structures built to directly serve employees working in industrial parks and economic zones.

24. The national information system on industrial parks and economic zones under Point dd, Clause 1, Article 71 of the Law on Investment is a specialised professional information system on industrial parks and economic zones built and operated under this Decree for sending, receiving, storing, displaying and performing other operations on data to serve state management of industrial parks and economic zones.

25. An industry cluster in an industrial park is a form of linkage among enterprises in the same industry and relevant enterprises and organisations operating in the industrial park that cooperate and compete together.

Article 3. Orientation for building industrial parks and economic zones

1. The orientation for building industrial parks and economic zones is a component of the regional plan under Point d, Clause 2, Article 26 of the Law on Planning.

2. The content of the orientation for building industrial parks and economic zones includes:

a) Objectives, orientation, direction for spatial allocation, organisation of implementation and solutions for developing industrial parks and economic zones of the region in the planning period;

b) The expected total area and types of industrial parks and economic zones of each province and centrally run city in the region; identification of economic zones with an important and driving role for the socio-economic development of the region.

Article 4. Plan for developing the system of industrial parks

1. The plan for developing the system of industrial parks is a component of the provincial plan under Point d, Clause 2, Article 27 of the Law on Planning.

2. The content of the plan for developing the system of industrial parks includes:

a) Objectives, orientation, organisation of implementation and solutions for developing the system of industrial parks in the planning period;

b) The List of industrial parks in the province or centrally run city;

c) Presentation of the plan for developing the system of industrial parks on the planning map.

3. The content of the List of industrial parks in the province or centrally run city includes:

a) The name of the industrial park;

b) The expected area scale and location of the industrial park.

4. The preparation of the List of industrial parks in the province or centrally run city must meet the following conditions:

a) No new industrial parks are developed in the inner-city areas of special-class cities, class I cities directly under the central government, and class I cities under provinces, except industrial parks invested in as hi-tech industrial parks or eco-industrial parks;

b) Special-use forest land and protection forest land (including: watershed protection forest, water source protection forest of residential communities, and border protection forest) are not used;

c) The industrial park must be capable of synchronised connection with the system of technical infrastructure and social infrastructure works and be capable of attracting human resources and mobilising resources to develop the industrial park;

d) There is a minimum land fund equal to 2% of the total area of the industrial parks on the List of industrial parks in the province or centrally run city for planning the construction of housing and service and public utility works for employees working in industrial parks;

dd) Regulations on ensuring national defence and security, environmental protection, natural resources, natural disaster prevention and control, dyke protection, coastal protection corridors, use of reclaimed coastal land, climate change response and protection of historical-cultural relics and natural heritage are met;

e) Consistency with the orientation for building industrial parks.

5. The plan for developing the system of industrial parks is the basis for organising:

a) Preparation of construction plans for industrial parks and expanded industrial parks, and adjustment of these plans;

b) Preparation and adjustment of investment plans for developing the system of technical infrastructure and social infrastructure serving the development of industrial parks and expanded industrial parks.

Article 5. Plan for developing the system of economic zones

1. The plan for developing the system of economic zones is a component of the provincial plan under Point d, Clause 2, Article 27 of the Law on Planning.

2. The content of the plan for developing the system of economic zones includes:

a) Objectives, orientation, organisation of implementation and solutions for developing the system of economic zones in the planning period;

b) The List of economic zones in the province or centrally run city;

c) Presentation of the plan for developing the system of economic zones on the planning map.

3. The content of the List of economic zones in the province or centrally run city includes:

a) The name of the economic zone;

b) The expected area scale and location of the economic zone.

4. The preparation of the List of economic zones in the province or centrally run city must meet the following conditions:

a) The expected location for establishing the economic zone lies in an area with especially important potential and advantages in natural conditions, resources and socio-economic conditions compared with other areas nationwide, to attract human resources, mobilise resources and develop technical infrastructure, social infrastructure, production and business; is associated with an international airport or a seaport of class I or higher in the case of an expected coastal economic zone; has an international border gate under the law on management of land border gates in the case of an expected border gate economic zone; is capable of convenient connection with regional and international economic corridors, has easy access to international markets, and can develop into a large-scale industrial - urban - service and innovation centre, promoting the region's special potential, in the case of an expected specialised economic zone;

b) Has an area of 10,000 ha or more for coastal economic zones and border gate economic zones, and 5,000 ha or more for specialised economic zones, and meets the requirements of comprehensive development of the economic zone;

c) Is capable of attracting large-scale and especially important investment projects and works that have a large impact on the socio-economic development of the region;

d) Does not negatively affect historical-cultural relics or natural heritage; is consistent with the national defence layout and ensures national defence, security, sovereignty and territory; has conditions to meet requirements on environmental protection, natural resources, natural disaster prevention and control, sustainable development and climate change response;

dd) Consistency with the orientation for building economic zones.

5. The plan for developing the system of economic zones in the provincial plan is the basis for:

a) Establishing and expanding economic zones;

b) Organising the preparation of general construction plans for economic zones and adjustment of these plans;

c) Organising the preparation and adjustment of investment plans for developing the system of technical infrastructure and social infrastructure to serve the development of economic zones.

Chapter II

INFRASTRUCTURE INVESTMENT AND ESTABLISHMENT OF INDUSTRIAL PARKS AND ECONOMIC ZONES

Section 1. INFRASTRUCTURE INVESTMENT AND ESTABLISHMENT OF INDUSTRIAL PARKS

Article 6. Infrastructure investment and establishment of industrial parks

1. Industrial parks are invested in under different types, including: industrial parks, export processing zones, supporting industry parks, specialised industrial parks, eco-industrial parks and hi-tech industrial parks (hereinafter collectively referred to as industrial parks).

2. An industrial park located in an economic zone is included in the general construction plan of the economic zone and submitted for approval under the law on construction. Where an industrial park in an economic zone is adjusted, the procedure for adjusting the general construction plan of the economic zone under the law on construction is carried out.

3. The conditions, order and procedures for infrastructure investment in, and establishment of, industrial parks comply with this Decree and other relevant provisions of law.

4. The conditions, order and procedures for infrastructure investment in, and establishment of, expanded industrial parks are carried out similarly to new industrial parks, except in the case specified in Clause 8, Article 9 of this Decree.

5. Each industrial park has one or more infrastructure investors, being investors that invest in constructing and operating industrial park infrastructure.

6. An industrial park is determined to have been established from the date a competent authority:

a) Decides on the investment policy of an industrial park infrastructure project using public investment capital under the law on public investment;

b) Approves the investment policy and at the same time approves the investor, approves the investor, or grants the Investment Registration Certificate for implementing the investment project in constructing and operating industrial park infrastructure under the law on investment.

Article 7. Construction planning of industrial parks

1. Construction planning of an industrial park comprises: the general construction plan of the industrial park, the zoning construction plan of the industrial park and the detailed construction plan of the industrial park (if necessary). Industrial park construction plans are prepared, appraised and approved under the law on construction and this Decree.

2. The approved general construction plan and zoning construction plan of the industrial park are the basis for:

a) Organising the preparation of the detailed construction plan of the industrial park (if necessary);

b) Organising the preparation of the pre-feasibility study report of an industrial park infrastructure project using public investment capital under the law on public investment; organising the preparation of the dossier of the investment project in constructing and operating industrial park infrastructure under the law on investment;

c) Deciding on the investment policy of an industrial park infrastructure project using public investment capital under the law on public investment; approving the investment policy of an investment project in constructing and operating industrial park infrastructure under the law on investment.

3. Based on the plan for developing the system of industrial parks in the provincial plan, the provincial People's Committee organises the preparation and approval of the tasks and designs of the general construction plan and zoning construction plan of the industrial park under the law on construction.

4. Cases in which a planning task need not be prepared:

a) Where a zoning construction plan of an industrial park is prepared in an area that already has an approved general construction plan or general construction plan of an economic zone, no planning task need be prepared;

b) Where a detailed construction plan of an industrial park is prepared in an area that already has an approved zoning construction plan, no planning task need be prepared;

c) Cases in which no planning task need be prepared under Clause 5 of this Article.

5. The competent state agency must organise the preparation of the general construction plan and zoning construction plan for the entire planned area under the law on construction for industrial parks with an area of 500 ha or more, industrial - urban - service parks, and industrial parks with multiple infrastructure investors or investors constructing and operating infrastructure by industrial subzone.

Where an industrial park or industrial - urban - service park specified in this Clause is identified in an approved general urban plan or general construction plan of an economic zone, the zoning construction plan design of the industrial park may be prepared without preparing a planning task.

6. Except where the industrial park construction plan is prepared in an area that already has an approved general construction plan, or the industrial park conforms to an approved general construction plan of an economic zone, the provincial People's Committee is responsible for seeking written opinions on the general construction plan design or zoning construction plan design of the industrial park from the following agencies:

a) The Ministry of Planning and Investment and the Ministry of Construction, for industrial parks with an area of 200 ha or more;

b) The Ministry of Transport, for industrial parks connecting to national highways;

c) The Ministry of Culture, Sports and Tourism, for industrial parks adjacent to historical-cultural relic sites, natural heritage areas and national-level or higher tourist areas;

d) The Ministry of Construction, for industrial parks within class II cities;

dd) The Ministry of National Defence and the Ministry of Public Security, for industrial parks on islands and in border communes, wards and townships; coastal communes, wards and townships or other areas affecting national defence and security under the law on national defence and security and the law on investment.

7. The provincial People's Committee decides on adjustment of the location and area scale for preparing the industrial park construction plan, if the district-level locality does not change, in the following cases:

a) Adjustment of location or area scale of the industrial park by no more than 2% and no more than 6 ha compared with the area scale of the industrial park identified in the List of industrial parks in the province or centrally run city;

b) Adjustment of location or area scale of the industrial park not falling under Point a of this Clause but by no more than 10% and no more than 30 ha compared with the area scale of the industrial park identified in the List of industrial parks in the province or centrally run city, after obtaining written opinions of the Ministry of Construction, the Ministry of Natural Resources and Environment and the Ministry of Planning and Investment.

8. The provincial People's Committee assigns the investor selected to implement the investment project in constructing and operating industrial park infrastructure to organise the preparation of the zoning construction plan of the industrial park (if necessary) in an area that already has a general construction plan of the industrial park.

9. The investor selected to implement the investment project in constructing and operating industrial park infrastructure organises the preparation of the detailed construction plan of the industrial park (if necessary).

10. The provincial People's Committee approves the detailed construction plan design of an industrial park located in two or more district-level administrative units.

11. The provincial People's Committee authorises the Management Board of industrial parks and economic zones to decide on partial adjustment of the zoning construction plan of an industrial park and the detailed construction plan of an industrial park located in two or more district-level administrative units.

12. Service and public utility works are planned for construction on the service land area of the industrial park to serve employees working in the industrial park. The ratio of land area for constructing service and public utility works shall not exceed 10% of the total land area of the industrial park.

Article 8. Order and procedures for industrial park infrastructure investment

1. The order and procedures for deciding on and adjusting the investment policy of an industrial park infrastructure project using public investment capital comply with the law on public investment and the following provisions:

a) The pre-feasibility study report of the industrial park infrastructure project must include an explanation of how the conditions in Article 9 of this Decree are met;

b) The appraisal of the pre-feasibility study report includes the contents prescribed by the law on public investment and whether the corresponding conditions in Article 9 of this Decree are met.

2. The order and procedures for investing in an investment project in constructing and operating industrial park infrastructure, including industrial parks in economic zones not falling under Clause 1 of this Article, comply with the law on investment and the following provisions:

a) The investment project proposal or pre-feasibility study report in the dossier requesting approval of the investment policy must include an explanation of how the conditions in Article 9 of this Decree are met; and an explanation of how the conditions in Clause 1, Article 10 of this Decree are met (where the investment policy is approved at the same time as the investor is approved);

b) The appraisal for approval of the investment policy includes the contents prescribed by the law on investment and whether the corresponding conditions in Article 9 and Clause 1, Article 10 of this Decree are met (where the investment policy is approved at the same time as the investor is approved).

3. The opinions of the agencies specified in Clause 6, Article 7 of this Decree continue to be used to appraise the pre-feasibility study report and appraise the investment policy under Clauses 1 and 2 of this Article. The consulting agency shall send the dossier to seek again the appraisal opinions of these agencies on the appraised contents if it finds it necessary.

4. An industrial park subject to phased investment under Clause 2, Article 9 of this Decree follows the order and procedures for deciding on the investment policy, approving the investment policy, and granting the Investment Registration Certificate for each phase.

Where an industrial park uses public investment capital or the subsequent phase has the same investor as the previous phase, the investment policy may be decided or approved, and the Investment Registration Certificate granted, after the previous phase reaches a minimum occupancy rate of 60% or has completed investment in constructing the infrastructure system under the industrial park construction plan approved by a competent authority. In this case, the investor of the previous phase is given priority in being selected to implement the subsequent phase, except where auction or bidding to select investors must apply under law.

5. An industrial park falling under Clause 3, Article 9 of this Decree follows the order and procedures for deciding on the investment policy, approving the investment policy, and granting the Investment Registration Certificate for each phase and the following provisions:

a) The project dossier must include a commitment on the schedule for attracting investment projects implementing the industry cluster under Clause 3, Article 9 of this Decree;

b) The Decision on the investment policy, the Decision approving the investment policy and the Investment Registration Certificate must state the content of the commitment in the project dossier. Handling of breaches of the commitment is carried out according to the content of the commitment, the law on investment and other relevant provisions of law;

c) Where an industrial park uses public investment capital or the subsequent phase has the same investor as the previous phase, the investment policy may be decided or approved, and the Investment Registration Certificate granted, after the first phase has had investors approved for investment policy or granted an Investment Registration Certificate and implementing investment projects to lease or sublease land to implement the industry cluster under Clause 3, Article 9 of this Decree, and at the same time reaching a minimum occupancy rate of 60% or having completed investment in constructing the infrastructure system under the industrial park construction plan approved by a competent authority. In this case, the investor of the previous phase is given priority in being selected to implement the subsequent phase, except where auction or bidding to select investors must apply under law.

Article 9. Conditions for industrial park infrastructure investment

1. Consistency with the following plans and planning contents:

a) The regional plan and provincial plan;

b) Inclusion in the List of industrial parks in the province or centrally run city, or in the general construction plan of the economic zone approved by a competent authority, for industrial parks within the boundaries of an economic zone;

c) Consistency with the industrial park construction plan approved by a competent authority.

2. An industrial park, except in the case specified in Clause 3 of this Article, must be invested in by phases if it falls under one of the following cases:

a) An industrial park with an area over 500 ha must be invested in by phases, each phase not exceeding 500 ha;

b) An industrial park requiring conversion of the use purpose of land planted with two or more rice crops per year, with an area of rice land over 200 ha in the Red River Delta and Mekong Delta regions, must be invested in by phases, each phase not converting the use purpose of more than 200 ha of land planted with two or more rice crops per year;

c) An industrial park requiring conversion of the use purpose of land planted with two or more rice crops per year, with an area of rice land over 150 ha in the North Central, South Central Coast and South East regions, must be invested in by phases, each phase not converting the use purpose of more than 150 ha of land planted with two or more rice crops per year;

d) An industrial park requiring conversion of the use purpose of land planted with two or more rice crops per year, with an area of rice land over 100 ha in the Northern midland and mountainous region and the Central Highlands, must be invested in by phases, each phase not converting the use purpose of more than 100 ha of land planted with two or more rice crops per year.

3. An industrial park attracting investment projects implementing an industry cluster with total investment capital of the projects in the industry cluster of at least the equivalent of US$2 billion or VND 45,000 billion may be considered for first-phase investment with an area not exceeding 1,000 ha. Subsequent phases (if any) comply with Clause 2 of this Article.

4. To set aside a minimum of 5 ha of industrial land, or a minimum of 3% of the total industrial land area of the industrial park (including factories, offices and warehouses), for small and medium-sized enterprises, supporting industry enterprises, innovative enterprises, subjects entitled to investment incentives under Points e and g, Clause 2, Article 15 of the Law on Investment, and other enterprises eligible for priority and support in production and business premises under law, to lease or sublease land. Where the type of eco-industrial park, supporting industry park, specialised industrial park or hi-tech industrial park is invested in, the condition in this Clause need not be met.

5. Capability to meet the conditions for converting land use purpose under the law on land, the law on forestry and other relevant provisions of law.

6. At the time of submitting the pre-feasibility study report of the industrial park infrastructure project under the law on public investment, or submitting a valid dossier requesting approval of the investment policy of the investment project in constructing and operating industrial park infrastructure under the law on investment, the average occupancy rate of the established industrial parks in the province or centrally run city reaches at least 60%, except in the following cases:

a) Investment in the infrastructure of a previously established industrial park whose operation was terminated, whose Investment Registration Certificate, Investment Certificate, Investment Licence or equivalent legal document was revoked under the law on investment, or whose project was cancelled by decision under the law on public investment;

b) The total land area of the established industrial parks in the province or centrally run city is 1,000 ha or less;

c) The industrial park is located in a district-level locality on the List of investment-incentive localities under the law on investment, or in an established economic zone;

d) Investment in industrial park infrastructure under the types of eco-industrial park, supporting industry park, specialised industrial park or hi-tech industrial park under this Decree;

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

7. There is a plan for constructing residential areas and service and public utility works for employees working in the industrial park or cluster of industrial parks, approved by a competent state agency under the law on housing and other relevant provisions of law.

8. Investment in the infrastructure of an expanded industrial park on the basis of a previously established industrial park, with the same investor or using public investment capital, must meet the following conditions:

a) The previously established industrial park has reached a minimum occupancy rate of 60% and has invested in constructing and put into operation environmental protection infrastructure under the law on environmental protection, or has completed investment in constructing the infrastructure system under the industrial park construction plan approved by a competent authority;

b) The expanded industrial park is capable of connecting to and sharing technical infrastructure with the previously established industrial park;

c) Residential areas and service and public utility works for employees working in the previously established industrial park or cluster of industrial parks have been constructed and put into use under the plan approved by a competent state agency specified in Clause 7 of this Article.

Article 10. Conditions for investors implementing investment projects in constructing and operating industrial park infrastructure

1. Investors implementing investment projects in constructing and operating industrial park infrastructure must meet the following conditions:

a) Conditions for real estate business under the law on real estate business;

b) Conditions for being allocated land, leased land or permitted to convert land use purpose by the State to implement the investment project in constructing and operating industrial park infrastructure under the law on land, the law on forestry and other relevant provisions of law.

Where the investor implementing the investment project in constructing and operating industrial park infrastructure is an economic organisation expected to be established by a foreign investor under the law on investment and the law on enterprises, the economic organisation expected to be established must be capable of meeting the conditions for being allocated land, leased land or permitted to convert land use purpose by the State under the law on land, the law on forestry and other relevant provisions of law.

2. Where bidding to select investors is chosen, the criteria for evaluating and selecting investors to implement the investment project in constructing and operating industrial park infrastructure include:

a) Criteria for evaluating the investor's capacity, developed on the basis of the conditions in Clause 1 of this Article;

b) Criteria for evaluating the investor's experience, developed on the basis of the area scale, implementation schedule and implementation status of investment projects in constructing and operating industrial park infrastructure or other real estate projects that the investor has implemented or has contributed equity capital to implement; the owner, members and founding shareholders that are organisations of the investor that have implemented or contributed equity capital to implement projects;

c) Technical evaluation criteria, developed on the basis of the content of the Decision approving the industrial park construction plan and the Decision approving the investment policy of the investment project in constructing and operating industrial park infrastructure of the competent authority, and other relevant provisions of law;

d) Financial-commercial evaluation criteria, developed on the basis of the content of the Decision approving the investment policy of the investment project in constructing and operating industrial park infrastructure of the competent authority, and other provisions of law relating to selecting investors to implement investment projects using land.

Article 11. Adjustment of investment projects in constructing and operating industrial park infrastructure

1. In the course of investment, investors may adjust investment projects in constructing and operating industrial park infrastructure.

2. The conditions, order and procedures for adjusting investment projects in constructing and operating industrial park infrastructure comply with the law on investment and the following provisions:

a) The written request for adjustment of the investment project under the law on investment must include an explanation of how the provisions of Clause 3 of this Article are met;

b) The appraisal for adjustment of the approved investment policy includes the contents prescribed by the law on investment and whether the conditions in Clause 3 of this Article are met (if any).

3. An investment project in constructing and operating industrial park infrastructure may be adjusted to reduce its area scale without adjusting the plan for developing the system of industrial parks under the law on planning if it falls under one of the following cases:

a) Compensation and site clearance are prolonged, affecting the efficiency and investment schedule of the industrial park;

b) The industrial park construction plan is adjusted to set aside part of the land area for developing housing and service and public utility works for employees working in the industrial park under Clause 9, Article 77 of the Law on Investment;

c) The area scale of the industrial park is reduced to limit the risk of environmental pollution and effects on the living environment of surrounding residents;

d) Due to plan adjustment under the law on planning.

Article 12. Renaming of industrial parks

The provincial People's Committee decides on renaming an industrial park identified in the List of industrial parks in the province or centrally run city at the proposal of the Management Board of industrial parks and economic zones or of the investor implementing the investment project in constructing and operating industrial park infrastructure.

Article 13. Conversion of industrial parks to develop urban - service areas

1. The conditions for converting an industrial park to develop an urban - service area include:

a) Consistency with the provincial plan and urban plan in the province or centrally run city;

b) The industrial park is located in the inner-city area of a special-class city, a class I city directly under the central government, or a class I city under a province;

c) The operating period from the date the industrial park was established to the time conversion is considered is at least 15 years or one-half (1/2) of the operating term of the industrial park;

d) The investor implementing the investment project in constructing and operating industrial park infrastructure, and more than two-thirds (2/3) of the enterprises in the industrial park in the area expected to be converted, consent, except in the following cases: the investment project has reached the end of its operating term under the law on investment; the investment project does not meet the conditions for extending the land sublease under the law on land and civil law; the investment project causes serious environmental pollution and must be relocated under the law on environmental protection;

dd) Socio-economic and environmental efficiency.

2. The dossier requesting conversion of an industrial park to develop an urban - service area includes:

a) The scheme for converting the industrial park to develop an urban - service area, including the following: the legal basis and necessity of converting the industrial park to develop an urban - service area; assessment of and explanation on the ability to meet the conditions in Clause 1 of this Article (with relevant documents); the plan for relocation, compensation and site clearance and the plan for mobilising capital sources for implementation; proposed specific solutions, mechanisms and policies (if any) and organisation of implementation;

b) The submission of the provincial People's Committee requesting conversion of the industrial park to develop an urban - service area;

c) The dossier is prepared in 10 sets, including at least 02 original sets (01 original set to be submitted to the Prime Minister) and 09 sets submitted to the Ministry of Planning and Investment for appraisal under Clauses 3 and 4 of this Article.

3. Order and procedures for appraising the conversion of an industrial park to develop an urban - service area:

a) Within 03 working days from the date of receiving a complete dossier under Clause 2 of this Article, the Ministry of Planning and Investment sends the dossier to seek appraisal opinions of the Ministry of Natural Resources and Environment, the Ministry of Construction and relevant state agencies;

b) Where the dossier does not meet Clause 2 of this Article, the Ministry of Planning and Investment shall notify in writing so that the provincial People's Committee supplements and amends the dossier. The time for supplementing and amending the dossier is not counted in the appraisal time;

c) Within 15 days from the date of receiving the dossier seeking opinions under Point a of this Clause, the consulted agency gives appraisal opinions on contents within its state management scope and sends them to the Ministry of Planning and Investment;

d) Within 45 days from the date of receiving a complete dossier, the Ministry of Planning and Investment organises the appraisal of the dossier and prepares an appraisal report comprising the contents specified in Clause 4 of this Article, and submits it to the Prime Minister for consideration and decision on the conversion of the industrial park to develop an urban - service area.

Where necessary, the Ministry of Planning and Investment establishes an Appraisal Council or organises a meeting with relevant state agencies and the provincial People's Committee to clarify relevant issues.

4. The appraisal of the conversion of an industrial park to develop an urban - service area includes the following contents:

a) The legal basis and necessity of converting the industrial park to develop an urban - service area;

b) Assessment of whether the conditions in Clause 1 of this Article are met;

c) Assessment of the feasibility of the plan for relocation, compensation and site clearance and the plan for mobilising capital sources for implementation;

d) Assessment of specific solutions, mechanisms and policies (if any) and organisation of implementation.

5. The conversion of an industrial park to develop an urban - service area under this Article is carried out for part or all of the area of the industrial park.

6. After the Prime Minister decides to convert all or part of the area of an industrial park to develop an urban - service area, the investor of the industrial park infrastructure project, or the investor implementing the investment project in constructing and operating industrial park infrastructure, follows the order and procedures for adjusting the project under the law on public investment, the law on investment and other relevant provisions of law. The selection of investors to implement the urban - service area project is carried out under the law on investment, the law on bidding, the law on land, the law on housing, the law on real estate business and other relevant provisions of law.

Section 2. ESTABLISHMENT, EXPANSION AND BOUNDARY ADJUSTMENT OF ECONOMIC ZONES

Article 14. Establishment of economic zones

1. Economic zones include: coastal economic zones, border gate economic zones and specialised economic zones (hereinafter collectively referred to as economic zones).

2. An economic zone is established if it meets the following conditions:

a) Consistency with the regional plan and provincial plan; inclusion in the List of economic zones in the province or centrally run city;

b) Capability of mobilising resources to invest in constructing the system of technical infrastructure and social infrastructure of the economic zone and to develop production and business;

c) Socio-economic efficiency;

d) Meeting environmental protection conditions under the law on environmental protection;

dd) Ensuring national defence and security.

3. The dossier, order and procedures for establishing an economic zone comply with the corresponding provisions in Articles 15 and 16 of this Decree.

Article 15. Dossier for establishing an economic zone

1. The scheme for establishing an economic zone of the provincial People's Committee includes the following contents:

a) The legal basis and necessity of establishing the economic zone;

b) Assessment of the current status, factors and conditions of geographical location, nature, resources and socio-economic conditions, and the limitations and comparative advantages of the area expected for establishing the economic zone compared with other areas nationwide;

c) Assessment of and explanation on the ability to meet the conditions for establishing an economic zone in Clause 2, Article 14 of this Decree (with relevant documents);

d) Expected development orientation of the economic zone, including: development objectives, area scale, nature and functions of the economic zone; orientation for developing sectors and fields; spatial development orientation and functional zones within the economic zone; plan and roadmap for investment in constructing and developing the economic zone;

dd) Proposed solutions and organisation of implementation;

e) Presentation of the plan for establishing the economic zone on a map at a scale of 1:10,000 - 1:25,000.

2. The submission of the provincial People's Committee to the Prime Minister requesting establishment of the economic zone.

3. The dossier is prepared in 10 sets, including at least 02 original sets (01 original set to be submitted to the Prime Minister) and 09 sets submitted to the Ministry of Planning and Investment for appraisal under Article 16 of this Decree.

Article 16. Order and procedures for establishing an economic zone

1. Within 03 working days from the date of receiving a complete dossier under Article 15 of this Decree, the Ministry of Planning and Investment sends the dossier to seek appraisal opinions of relevant state agencies.

2. Where the dossier does not meet Article 15 of this Decree, the Ministry of Planning and Investment shall notify in writing so that the provincial People's Committee supplements and amends the dossier. The time for supplementing and amending the dossier is not counted in the appraisal time.

3. Within 20 days from the date of receiving the dossier seeking appraisal opinions under Clause 1 of this Article, the consulted agency gives appraisal opinions on contents within its state management scope and sends them to the Ministry of Planning and Investment.

4. Within 45 days from the date of receiving a complete dossier, the Ministry of Planning and Investment prepares an appraisal report comprising the contents under Clause 5 of this Article and submits it to the Prime Minister for consideration and decision on the establishment of the economic zone.

Where necessary, the Ministry of Planning and Investment establishes an Appraisal Council or organises a meeting with relevant state agencies and the provincial People's Committee to clarify relevant issues.

5. The appraisal of the establishment of an economic zone includes:

a) The legal basis and necessity of establishing the economic zone;

b) Assessment of whether the conditions for establishing an economic zone in Clause 2, Article 14 of this Decree are met;

c) Assessment of the development orientation of the economic zone;

d) Assessment of solutions and organisation of implementation.

Article 17. Expansion of economic zones

1. Expansion of an economic zone is an increase in the area scale of an established economic zone, in which the expansion area has boundaries adjacent or close to, and can connect to and share technical infrastructure with, the previously established economic zone, in order to raise the development potential and spillover of the economic zone.

2. An economic zone is expanded if it meets the following conditions:

a) The conditions under Clause 2, Article 14 of this Decree;

b) The entire economic zone infrastructure system under the general construction plan of the economic zone approved by a competent authority has been fully invested in;

c) At least 70% of the land area of the functional zones in the economic zone has been allocated or leased to organisations and individuals to implement investment projects.

3. The dossier for expanding an economic zone includes:

a) The scheme for expanding the economic zone, including the following: the legal basis, necessity and content of expanding the economic zone; assessment of the current status, factors and conditions of geographical location, nature, resources and socio-economic conditions, and the limitations and comparative advantages of the area expected for expanding the economic zone compared with other areas nationwide; assessment of and explanation on the ability to meet the conditions in Clause 2 of this Article (with relevant documents); expected development orientation of the economic zone after expansion, including: development objectives, area scale, nature and functions of the economic zone; orientation for developing sectors and fields; spatial development orientation and functional zones within the economic zone; plan and roadmap for investment in constructing and developing the economic zone; proposed solutions and organisation of implementation; presentation of the plan for expanding the economic zone on a map at a scale of 1:10,000 - 1:25,000;

b) The submission of the provincial People's Committee to the Prime Minister requesting expansion of the economic zone;

c) The dossier is prepared in 10 sets, including at least 02 original sets (01 original set to be submitted to the Prime Minister) and 09 sets submitted to the Ministry of Planning and Investment for appraisal under Clauses 4 and 5 of this Article.

4. Order and procedures for expanding an economic zone:

a) Within 03 working days from the date of receiving a complete dossier under Clause 3 of this Article, the Ministry of Planning and Investment sends the dossier to seek appraisal opinions of relevant state agencies;

b) Where the dossier does not meet Clause 3 of this Article, the Ministry of Planning and Investment shall notify in writing so that the provincial People's Committee supplements and amends the dossier. The time for supplementing and amending the dossier is not counted in the appraisal time;

c) Within 20 days from the date of receiving the dossier seeking appraisal opinions under Point a of this Clause, the consulted agency gives appraisal opinions on contents within its state management scope and sends them to the Ministry of Planning and Investment;

d) Within 45 days from the date of receiving a complete dossier, the Ministry of Planning and Investment prepares an appraisal report comprising the contents under Clause 5 of this Article and submits it to the Prime Minister for consideration and decision on the expansion of the economic zone.

Where necessary, the Ministry of Planning and Investment establishes an Appraisal Council or organises a meeting with relevant state agencies and the provincial People's Committee to clarify relevant issues.

5. The appraisal of the expansion of an economic zone includes:

a) The legal basis and necessity of expanding the economic zone;

b) Assessment of whether the conditions for expanding the economic zone under Clause 2 of this Article are met;

c) Assessment of the development orientation of the economic zone after expansion;

d) Assessment of solutions and organisation of implementation.

Article 18. Adjustment of economic zone boundaries

1. Adjustment of the boundaries of an economic zone is adjustment of the geographical boundaries of an established economic zone within the same commune-level locality, or from the locality of those commune-level units to the localities of other corresponding commune-level units within the same district-level localities, where the total area scale of the economic zone changes by no more than 10% and the district-level localities do not change.

2. Adjustment of the boundaries of an economic zone is carried out if it falls under one of the following cases:

a) Due to changes in national-level plans, regional plans, provincial plans or relevant plans that affect the development orientation of the economic zone;

b) Reduction of the area scale of the economic zone compared with the area scale of the established economic zone;

c) Increase of the area scale of the economic zone compared with the area scale of the established economic zone by no more than 10% to ensure development space and spillover effects for the priority sectors and fields of the economic zone.

Article 19. Dossier for adjusting economic zone boundaries

1. The scheme for adjusting the boundaries of an economic zone of the provincial People's Committee includes the following contents:

a) The legal basis, necessity and content of adjusting the boundaries of the economic zone;

b) Assessment of the current status of construction and development of the established economic zone;

c) Assessment of and explanation on the ability to meet the conditions in Points b, c, d and dd, Clause 2, Article 14 and in Article 18 of this Decree (with relevant documents);

d) Expected development orientation of the economic zone after boundary adjustment, including: development objectives, area scale, nature and functions of the economic zone; orientation for developing sectors and fields; spatial development orientation and functional zones within the economic zone; plan and roadmap for investment in constructing and developing the economic zone;

dd) Proposed solutions and organisation of implementation;

e) Presentation of the plan for adjusting the boundaries of the economic zone on a map at a scale of 1:10,000 - 1:25,000.

2. The submission of the provincial People's Committee to the Prime Minister requesting adjustment of the boundaries of the economic zone.

3. The dossier is prepared in 10 sets, including at least 02 original sets (01 original set to be submitted to the Prime Minister) and 09 sets submitted to the Ministry of Planning and Investment for appraisal under Article 20 of this Decree.

Article 20. Order and procedures for adjusting economic zone boundaries

1. Within 03 working days from the date of receiving a complete dossier for adjusting economic zone boundaries under Article 19 of this Decree, the Ministry of Planning and Investment sends the dossier to seek appraisal opinions of relevant state agencies.

2. Where the dossier does not meet Article 19 of this Decree, the Ministry of Planning and Investment shall notify in writing so that the provincial People's Committee supplements and amends the dossier. The time for supplementing and amending the dossier is not counted in the appraisal time.

3. Within 15 days from the date of receiving the dossier seeking opinions, the consulted agency gives appraisal opinions on contents within its state management scope and sends them to the Ministry of Planning and Investment.

4. Within 40 days from the date of receiving a complete dossier, the Ministry of Planning and Investment prepares an appraisal report comprising the contents specified in Clause 5 of this Article and submits it to the Prime Minister for consideration and decision.

Where necessary, the Ministry of Planning and Investment establishes an Appraisal Council or organises a meeting with relevant state agencies and the provincial People's Committee to clarify relevant issues.

5. The appraisal of the adjustment of economic zone boundaries includes:

a) The legal basis and necessity of adjusting the economic zone boundaries;

b) Assessment of whether the conditions in Points b, c, d and dd, Clause 2, Article 14 and in Article 18 of this Decree are met;

c) Assessment of the development orientation of the economic zone after boundary adjustment;

d) Assessment of solutions and organisation of implementation.

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

1. The Prime Minister decides on the establishment, expansion and boundary adjustment of economic zones.

2. An economic zone is organised into functional zones. The area scale, location and nature of each functional zone are identified in the general construction plan of the economic zone approved by the Prime Minister under the law on construction.

3. Where the area of an economic zone differs by no more than 1% and no more than 200 ha from the area scale of the established economic zone, the Prime Minister approves the general construction plan of the economic zone without adjusting the economic zone boundaries. The area scale, boundaries and location of the economic zone comply with the general construction plan of the economic zone approved by the Prime Minister.

Chapter III

POLICIES FOR DEVELOPING INDUSTRIAL PARKS AND ECONOMIC ZONES

Article 22. Investment incentives for industrial parks and economic zones

1. Industrial parks are investment-incentive localities and enjoy investment incentives applicable to localities with difficult socio-economic conditions under the law on investment.

Investment incentives for industrial park localities prescribed in the law on investment apply from the time the industrial park is established.

2. Economic zones are investment-incentive localities and enjoy investment incentives applicable to localities with especially difficult socio-economic conditions under the law on investment.

Investment incentives for economic zone localities prescribed in the law on investment apply from the time the economic zone is established.

3. The specific incentive levels for investment projects in constructing and operating industrial park infrastructure, functional zones in economic zones, and investment projects in industrial parks and economic zones apply under the law on taxes, the law on land, the law on credit, the law on accounting and other relevant provisions of law.

4. Investment costs of constructing, operating, or purchasing, hire-purchasing or renting, housing and service and public utility works for employees working in industrial parks and economic zones, and technical infrastructure works connecting to industrial parks and functional zones, of investors implementing investment projects in constructing and operating infrastructure of industrial parks and functional zones in economic zones, and of investors implementing investment projects in industrial parks and economic zones, are deductible expenses when determining taxable income under the law on corporate income tax.

5. Investment projects in constructing housing and service and public utility works for employees working in industrial parks and economic zones enjoy incentives under the law on construction of social housing and other relevant provisions of law.

6. Investors with investment projects in industrial parks and economic zones are supported by competent state agencies in carrying out administrative procedures on investment, enterprises, land, construction, environment, labour and trade under the “one-stop, on-the-spot” mechanism, and supported with labour recruitment and other relevant issues in the course of project implementation.

Article 23. Methods of mobilising capital sources for investing in, and supporting investment in, constructing infrastructure of industrial parks and economic zones

1. Based on the capacity to balance the state budget, the urgency of the works and consistency with relevant plans, the provincial People's Committee may decide to invest in or support investment in, and assign agencies or organisations with management experience and capacity to act as investors of, investment projects constructing technical infrastructure and social infrastructure works inside and outside the fence of industrial parks, and investment projects constructing technical infrastructure and social infrastructure works in economic zones to serve the operation of industrial parks and economic zones, under the law on public investment.

Completion acceptance and management and use of works after investment in construction comply with the regulations applicable to projects using state budget capital in the law on public investment, the law on management and use of public property and other relevant provisions of law.

2. The use of development investment capital from the state budget to develop in a coordinated manner the system of technical infrastructure and social infrastructure inside and outside the fence of industrial parks, and the system of technical infrastructure and social infrastructure in economic zones, complies with the law on public investment, the law on the state budget and other relevant provisions of law.

3. Investment projects constructing technical infrastructure and social infrastructure of a large scale and of key importance to the development of the economic zone may mobilise capital by issuing local government bonds under law.

4. Economic zones on the list of key economic zones are prioritised for investment from the state budget and other lawful funding sources to invest in constructing technical infrastructure and social infrastructure works in the economic zone under the law on public investment, the law on the state budget and other relevant provisions of law.

5. The criteria for identifying key economic zones include: the location, role and contribution of the economic zone to the socio-economic development of the province or centrally run city and the region; the connectivity of the economic zone with domestic and international markets; the results of attracting and implementing investment projects; and other relevant criteria.

6. Technical infrastructure, social infrastructure, and service and public utility works for employees working in industrial parks and economic zones may use official development assistance (ODA), concessional credit and other technical support under law.

7. Investment capital is attracted under the public-private partnership method in accordance with the law on public-private partnership investment and other forms under law, to invest in constructing technical infrastructure and social infrastructure works inside and outside the fence of industrial parks and technical infrastructure and social infrastructure works in economic zones.

8. Investment projects developing technical infrastructure and social infrastructure serving common needs in economic zones may mobilise capital from the land development fund under the law on land.

Article 24. Financial regulations for industrial parks and economic zones

1. Domestic and foreign tourist visitors entering a non-tariff zone in an economic zone enjoy tax incentives when purchasing imported goods to bring into the domestic market under the law on taxes applicable to non-tariff zones in economic zones.

2. Organisations and individuals with achievements in mobilising ODA capital, concessional credit and other technical support, and in mobilising investors to implement investment projects in industrial parks and economic zones, are commended and rewarded under the Regulation issued by the provincial People's Committee.

Article 25. Temporary residence and accommodation in industrial parks

1. There is no place of permanent residence in an industrial park under the law on residence.

2. Experts and employees are permitted to temporarily reside and stay at accommodation establishments in the industrial park to serve the production and business activities of enterprises, in accordance with the following:

a) For experts and employees who are Vietnamese, temporary residence and accommodation are carried out under the law on residence;

b) For experts and employees who are foreigners, temporary residence is carried out under the law on entry, exit, transit and residence of foreigners in Vietnam.

3. Accommodation establishments are built on the service land area of the industrial park; ensure a safe environmental distance under the law on construction and other relevant provisions of law; ensure security and order; and do not affect the production and business activities of enterprises in the industrial park.

4. In force majeure cases directly resulting from natural disasters, environmental catastrophes, fires, epidemics, war, demonstrations, riots or other emergencies, experts and employees are permitted to stay at enterprises, or remain at enterprises, in the industrial park in accordance with the following:

a) Experts and employees who are Vietnamese are permitted to stay at enterprises in the industrial park under the law on residence;

b) Experts and employees who are foreigners are permitted to remain at enterprises in the industrial park for a period of less than 30 days and must declare temporary residence under the law on entry, exit, transit and residence of foreigners in Vietnam.

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

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

a) Where an export processing enterprise is established at the same time as carrying out procedures for granting the Investment Registration Certificate, the investor submits a commitment on the ability to meet customs inspection and supervision conditions under the law on export duty and import duty together with the dossier requesting the Investment Registration Certificate under the law on investment. The investment registration agency, when granting the Investment Registration Certificate, records the objective of establishing an export processing enterprise in the Investment Registration Certificate;

b) Where an export processing enterprise is established not at the same time as carrying out procedures for granting the Investment Registration Certificate, the investor submits 01 dossier to the investment registration agency where the export processing enterprise is located, comprising: documents on the investment project under the law on investment; and a commitment on the ability to meet customs inspection and supervision conditions under the law on export duty and import duty. The investment registration agency issues the Certificate of Export Processing Enterprise Registration to the investor within 03 working days from the date of receiving a complete dossier under this Point, for investment projects not subject to the grant of an Investment Registration Certificate under the law on investment;

c) Where the investor's investment project is subject to approval of investment policy under the law on investment, the investor submits a commitment on the ability to meet customs inspection and supervision conditions under the law on export duty and import duty together with the dossier requesting approval of the investment policy of the investment project under the law on investment.

The investment registration agency issues the Certificate of Export Processing Enterprise Registration to the investor within 03 working days from the date of receiving the written approval of the investment policy, for investment projects not subject to the grant of an Investment Registration Certificate, or records the objective of establishing an export processing enterprise in the Investment Registration Certificate when granting the Investment Registration Certificate under the law on investment.

2. An industrial park may have industrial subzones for export processing enterprises. Export processing zones, export processing enterprises and industrial subzones for export processing enterprises are separated from the outside territory by a fence system, with gates and entrances and exits, ensuring conditions for inspection, supervision and control by the customs authority and relevant functional agencies under the regulations applicable to non-tariff zones in the law on export duty and import duty.

3. An export processing enterprise enjoys investment incentives and tax policies for non-tariff zones from the time the investment objective of establishing an export processing enterprise is recorded in the Investment Registration Certificate, the adjusted Investment Registration Certificate, or the Certificate of Export Processing Enterprise Registration of the competent investment registration agency. After completing construction, the export processing enterprise must have the competent customs authority confirm that it meets customs inspection and supervision conditions under the law on export duty and import duty before officially going into operation. Where an export processing enterprise is not confirmed as meeting customs inspection and supervision conditions, it does not enjoy the tax policies applicable to non-tariff zones. The inspection, confirmation and completion of customs inspection and supervision conditions of export processing enterprises comply with the law on export duty and import duty.

4. Commodity exchange relations between an export processing enterprise and other areas of Vietnamese territory that are not non-tariff zones are export and import relations, except the cases specified at Point c of this Clause and cases not requiring customs procedures under the law on customs, as follows:

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

b) Construction materials, stationery, food, foodstuffs and consumer goods from the Vietnamese domestic market for constructing works, serving the operation of the office apparatus and the daily life of employees working at the export processing enterprise are not subject to the regulations on customs procedures, customs inspection and supervision, and export duty and import duty applicable to exported and imported goods under law. The export processing enterprise and the seller may choose whether or not to carry out export and import procedures for construction materials, stationery, food, foodstuffs and consumer goods from the Vietnamese domestic market;

c) An export processing enterprise may sell and liquidate into the domestic market used assets and goods under the law on investment and other relevant provisions of law. At the time of sale or liquidation into the domestic market, export and import goods management policies do not apply, except where the goods are subject to management by conditions, standards or specialised inspection not yet carried out upon import; for goods managed by licence, the licensing agency must consent in writing to the import.

5. Employees working at an export processing enterprise need not make a customs declaration when carrying foreign currency from the Vietnamese domestic market into the enterprise and vice versa.

6. An export processing enterprise may carry out other business activities under the law on investment, the law on enterprises and other relevant provisions of law, and must ensure the following conditions are met:

a) The arrangement of goods storage areas serving export processing activities must be separated from the goods storage areas serving other production and business activities;

b) Revenue and costs relating to export processing activities and other business activities must be accounted for separately;

c) Assets, machinery and equipment enjoying tax incentives applicable to export processing enterprises must not be used for other production and business activities. Where assets, machinery and equipment enjoying tax incentives applicable to export processing enterprises are used to carry out other business activities, the tax incentives that were exempted or reduced must be repaid under the law on taxes.

7. An export processing enterprise may establish branches under the law on investment and the law on enterprises to carry out export processing activities. A branch of an export processing enterprise is subject to the mechanism for export processing enterprises prescribed in this Article if it carries out export processing activities in an export processing zone, industrial park or economic zone and meets the conditions in Clause 2 of this Article.

8. An industrial park or economic zone may contain export processing enterprises that are subject to the mechanism for export processing enterprises if they meet the conditions specified in Clause 2 of this Article.

9. An export processing zone contains enterprises specialised in producing and providing services for industrial production.

10. Where there is insufficient space to arrange a goods storage warehouse serving the export processing activities of an export processing enterprise in an export processing zone, industrial park or economic zone, the export processing enterprise may rent premises outside the industrial park or economic zone for storing goods if the conditions in Clause 2 of this Article are met. A goods storage warehouse outside an industrial park or economic zone is put into use from the date the competent customs authority confirms that it meets customs inspection and supervision conditions under the law on taxes and the law on customs.

Within 05 working days from the date the competent customs authority permits it to be put into use, the export processing enterprise must notify the investment registration agency of the arrangement of a warehouse outside the export processing zone, industrial park or economic zone for storing goods and carry out the adjustment of the investment project (if any) under the law on investment.

11. An export processing enterprise may sell goods into the domestic market. Goods imported from an export processing enterprise or export processing zone into the domestic market are subject to tax under the law on export duty and import duty.

12. Only investors, employees working in the export processing enterprise and persons with working relations with the export processing enterprise may enter and leave the export processing enterprise.

Article 27. Rights and obligations of investors implementing investment projects in industrial parks and economic zones and investors implementing investment projects in constructing and operating infrastructure of industrial parks and functional zones in economic zones

1. Investors implementing investment projects in industrial parks and economic zones and investors implementing investment projects in constructing and operating infrastructure of industrial parks and functional zones in economic zones, in addition to the general rights and obligations of investors and enterprises under the law on investment, the law on enterprises, this Decree and other relevant provisions of law, have the following rights and obligations:

a) To comply with regulations on security and order, occupational safety and hygiene, works quality, environmental protection and fire and explosion prevention;

b) To coordinate with the police forces and competent state agencies in developing plans for fire and explosion prevention and ensuring security, order and social safety in the area;

c) To report to the investment registration agency and the local state management agency for statistics on the status of implementing investment projects under the law on investment.

2. In addition to Clause 1 of this Article, investors implementing investment projects in constructing and operating infrastructure of industrial parks and functional zones in economic zones have the following rights and obligations:

a) To lease, agree and cooperate with other investors to invest in constructing, maintaining, servicing and operating infrastructure works of industrial parks and functional zones in economic zones, or to share infrastructure works inside and outside the fence of industrial parks and functional zones in economic zones, under the civil law and other relevant provisions of law;

b) To register and re-register with the Management Board of industrial parks and economic zones the lines of business attracting investment into each type of supporting industry park, specialised industrial park, hi-tech industrial park and eco-industrial park (if any);

c) For the portion of industrial land area of the industrial park set aside for the cases specified in Clause 4, Article 9 of this Decree, the land lease price, the sublease price of land with technical infrastructure constructed, and infrastructure use fees shall not exceed 70% of the actual price and infrastructure use fees at the time of lease or sublease.

3. The investment in constructing, maintaining, servicing and operating infrastructure works of industrial parks and functional zones in economic zones must ensure the following requirements:

a) Consistency with the construction plan and construction design approved by a competent authority;

b) Ensuring the coherence of the infrastructure works of the industrial park and functional zones in the economic zone;

c) Ensuring the operation of enterprises in the industrial park and functional zones in the economic zone.

4. Where the price range and infrastructure use fees increase by more than 10% compared with the price range and infrastructure use fees registered with the Management Board of industrial parks and economic zones, the following price measures apply:

a) On the basis of assessing the degree of impact on the investment and business environment in the locality, the Management Board of industrial parks and economic zones requests the investor implementing the investment project in constructing and operating infrastructure of the industrial park or functional zone in the economic zone to re-register the price range and infrastructure use fees ahead of schedule and to explain the change in the price range and infrastructure use fees;

b) Where necessary, the Management Board of industrial parks and economic zones organises appraisal of the price range and infrastructure use fees registered by the investor implementing the investment project in constructing and operating infrastructure of the industrial park or functional zone in the economic zone.

5. The lease and sublease of factories, offices, warehouses and other constructed works to serve the production and business of investors implementing investment projects in industrial parks and economic zones must comply with the law on land, the law on real estate business and other relevant provisions of law.

Article 28. Management, use and handling of public property formed from state budget capital in industrial parks and functional zones in economic zones

1. For property formed from state budget capital in industrial parks and economic zones that is identified as public property, management, use and handling comply with the law on management and use of public property.

2. An investor implementing an investment project in constructing and operating infrastructure of an industrial park or functional zone in an economic zone that receives state budget support for investing in infrastructure works or other items in the industrial park or functional zone is responsible for maintaining, servicing and operating those infrastructure works or items to serve the investment, production and business activities of investors, organisations and individuals in the industrial park or functional zone.

In this case, the investor shall not count the value of public property in the total investment capital of the investment project in constructing and operating infrastructure of the industrial park or functional zone in the economic zone, nor in the costs used to calculate land lease prices, land sublease prices and infrastructure use fees for investment projects in the industrial park or functional zone.

3. The investor may count costs of repayment to the state budget in the total investment capital of the investment project in constructing and operating infrastructure of the industrial park or functional zone in the economic zone, and in land lease prices, land sublease prices and infrastructure use fees for investment projects in the industrial park or functional zone, where the State recovers the state budget capital that supported investment in the industrial park or functional zone.

4. Where a state-owned enterprise is equitised, the handling of property formed from state budget capital that supported investment in the industrial park or functional zone in the economic zone complies with the law on management and use of state capital invested in production and business at enterprises and on equitisation.

5. Where an investment project is transferred or the investor is otherwise changed, the plan for handling public property (if any) must be approved by a competent authority before carrying out procedures to change the investor under law.

Article 29. Development of housing and service and public utility works for employees working in industrial parks and economic zones

1. The State encourages organisations and individuals to invest in constructing housing for employees working in industrial parks and economic zones to rent, buy or hire-purchase; housing and service and public utility works for employees working in industrial parks and economic zones that are invested in and constructed must meet construction standards and technical regulations, and standards on area, works quality, aesthetics, safety and environment under law.

2. People's Committees at all levels are responsible for creating favourable conditions for employees working in industrial parks and economic zones to use medical, educational, social, cultural and sports services in the locality. The provincial People's Committee is responsible for developing a plan for developing housing and service and public utility works for employees working in industrial parks and economic zones, linked to the plan for developing the system of industrial parks and economic zones in the provincial plan, and for ensuring the land fund to implement the plan.

3. Investors implementing investment projects in constructing and operating infrastructure of industrial parks and functional zones in economic zones, and investors implementing investment projects in industrial parks and economic zones, are encouraged to buy, rent or hire-purchase housing for employees working in industrial parks and economic zones to use, rent, buy back or sub-rent.

4. Ensuring the land fund for constructing housing and service and public utility works for employees working in industrial parks and economic zones complies with the law on social housing and this Decree.

5. Where the land plot for developing housing and service and public utility works for employees working in the industrial park is adjacent to the industrial park, the provincial People's Committee approves the industrial park construction plan in conjunction with the construction plan of the residential area and service and public utility works for employees working in the industrial park.

Article 30. Activities of non-tariff zones in economic zones

Non-tariff zones in economic zones carry out commercial, investment, production, business and service activities such as: temporary import for re-export or temporary export for re-import, transit, transfer between countries and transshipment of goods; provision of services relating to export and import; trading in duty-free goods and discounted duty-free goods; logistics services; production, processing, recycling, assembly, sorting and packaging of exported and imported goods and provision of related services; and other business activities in goods and services under law.

Chapter IV

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

Section 1. GENERAL PROVISIONS

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

1. The State encourages and supports organisations and individuals to newly invest in, or convert all or part of an established industrial park into, operation under the type of supporting industry park, specialised industrial park, eco-industrial park or hi-tech industrial park under this Decree.

2. Investment projects in constructing and operating infrastructure, and investment projects in supporting industry parks, specialised industrial parks, eco-industrial parks and hi-tech industrial parks, enjoy incentives applicable by locality and line of business and incentives applicable to investment projects in industrial parks under the law on investment and other relevant provisions of law, and are supported by competent state agencies with administrative procedures, technical consultancy, investment promotion and provision of investment cooperation information under this Decree.

Section 2. SUPPORTING INDUSTRY PARKS, SPECIALISED INDUSTRIAL PARKS AND HI-TECH INDUSTRIAL PARKS

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

1. For investment projects in constructing and operating infrastructure of supporting industry parks, specialised industrial parks and hi-tech industrial parks, including supporting industry subzones, specialised industrial subzones and hi-tech industrial subzones:

a) Land rent is exempted or reduced under the law on land;

b) Priority is given to borrowing State investment credit, and to lawful forms of capital mobilisation under the law on enterprises, the law on credit and other relevant provisions of law;

c) Projects are included in the list of projects attracting investment.

2. For investment projects producing supporting industry products, and investment projects eligible for investment incentives under the law on investment, in supporting industry parks, specialised industrial parks and hi-tech industrial parks:

a) They enjoy incentives on corporate income tax, export duty, import duty and other support under the law on taxes, the law on development of supporting industries, the law on high technology and other relevant provisions of law;

b) Where they produce products on the list of supporting industry products prioritised for development under the law on development of supporting industries, they are supported by competent state agencies in carrying out incentive confirmation procedures within a maximum of 30 days;

c) They are given priority to participate in training and human resource development programmes, startup support, support for small and medium-sized enterprises and other programmes implemented by competent state agencies.

3. Investment projects in constructing and operating industrial park infrastructure specified in Clause 1 of this Article must meet the following conditions:

a) The investor implementing the investment project in constructing and operating industrial park infrastructure registers the lines of business attracting investment into each type of supporting industry park, specialised industrial park and hi-tech industrial park;

b) The ratio of industrial land area for investment projects in the lines of business attracting investment into the industrial park, determined under Point a of this Clause, must meet the corresponding provisions for each type of industrial park in Clauses 3, 4 and 6, Article 2 of this Decree;

c) The contents in Points a and b of this Clause and each type of supporting industry park, specialised industrial park and hi-tech industrial park are specifically committed by the investor in the dossier of the investment project in constructing and operating industrial park infrastructure.

4. The competent authority specifies each type of supporting industry park, specialised industrial park and hi-tech industrial park in the Decision on investment policy and the Investment Registration Certificate under the law on investment, as the basis for inspection, examination and supervision.

Section 3. INDUSTRIAL - URBAN - SERVICE PARKS

Article 33. Development of industrial - urban - service parks

1. An industrial - urban - service park comprises industrial, urban and service functional zones. Of these, the industrial park has the main function, and the urban - service area has the function of supporting and providing services and public and social utilities for the industrial park.

2. An urban - service area comprises: housing; education, training and research works; medical works; sports, cultural and park works; commercial works; service works and other structures.

3. An industrial - urban - service park is invested in constructing technical and social infrastructure in a coordinated manner to ensure effective and sustainable economic, social and environmental development.

4. Investment incentives for industrial - urban - service parks follow the following principles:

a) The investor implementing the investment project in constructing and operating infrastructure of the industrial - urban - service park must account independently for the production and business activities of the functional zones;

b) The functional zones enjoy investment incentives on corporate income tax, export duty, import duty, land rent exemption and reduction and other investment incentives under the corresponding provisions for each type of functional zone in the law on taxes, the law on land and other relevant provisions of law;

c) Investors producing and trading in the industrial park of the industrial - urban - service park enjoy investment incentives for industrial parks under this Decree and other relevant provisions of law. Investors producing and trading in other functional zones of the industrial - urban - service park enjoy investment incentives under the law corresponding to each type of functional zone.

Article 34. Conditions for investing in industrial - urban - service parks

1. To meet the corresponding conditions for considering and approving the investment policy of an investment project in constructing and operating industrial park infrastructure under Articles 9 and 10 of this Decree.

2. The area expected for investing in constructing the urban - service area meets the following conditions:

a) Consistency with the provincial plan and urban plan in the province or centrally run city;

b) The area scale is consistent with the need to provide public services and utilities for the industrial park and does not exceed one-third (1/3) of the area scale of the industrial park.

3. The investment projects expected to be attracted into the industrial park are not in Level I and Level II of the List of types of production, business and services with a risk of causing environmental pollution under the law on environmental protection.

Article 35. Order and procedures for investing in industrial - urban - service parks

1. The order and procedures for investing in an investment project in constructing and operating infrastructure of an industrial - urban - service park comply with the law on investment and other relevant provisions of law.

2. Where the investment project in constructing and operating infrastructure of the industrial - urban - service park is implemented as separate projects for each functional zone, the investor of the functional zone follows the corresponding order and procedures for investment applicable to the project under the law on investment and other relevant provisions of law.

3. An investor implementing an investment project in constructing and operating industrial park infrastructure belonging to an industrial - urban - service park that has had its investment policy approved or decided, or been granted an Investment Registration Certificate, Investment Certificate, Investment Licence or equivalent legal document, by a competent authority under the law on investment, is given priority to be selected as the investor implementing the urban - service area investment project if assessed as meeting capacity and experience requirements in the investor evaluation and selection process.

4. After completing investment procedures under the law on investment and this Decree, the implementation of construction and management of the functional subzones in the industrial - urban - service park complies with the law corresponding to each functional subzone.

Section 4. ECO-INDUSTRIAL PARKS

Article 36. Support and cooperation policies for developing eco-industrial parks

1. The provincial People's Committee promulgates policies:

a) Supporting investment in newly constructing, upgrading, renovating and repairing technical infrastructure and social infrastructure works inside and outside the fence of existing industrial parks to connect and support enterprises in the industrial park to carry out industrial symbiosis and convert into eco-industrial parks;

b) Supporting investment in new construction and attracting investment into eco-industrial parks;

c) Supporting science, technology and technology transfer so that enterprises in the industrial park improve management and operating processes and renew production technology to reduce pollution sources, reuse raw materials, materials, water, energy, waste and scrap, and use resources efficiently.

2. Cooperation in building eco-industrial parks

a) Enterprises in the industrial park cooperate with each other to share technical infrastructure, social infrastructure, services, raw materials, materials and inputs serving production; and reuse their own and other enterprises' surplus raw materials, materials, water, energy, waste and scrap in the industrial park to reduce costs and improve operational efficiency and competitiveness;

b) Enterprises in the industrial park may cooperate with third parties to carry out industrial symbiosis. Third parties include investors implementing investment projects in constructing and operating industrial park infrastructure and other enterprises, through providing infrastructure works or supplying services to support the building and implementation of industrial symbiosis;

c) The participating parties themselves agree on the form of cooperation and the sharing of benefits and costs under the civil law.

3. The Management Board of industrial parks and economic zones assigns a public service unit under the Management Board, or a suitable unit, to perform the function of building and providing information and databases on efficient resource use and cleaner production; proposing solutions and connecting enterprises to carry out industrial symbiosis; and providing services supporting conversion or new investment in eco-industrial parks.

4. Agencies, organisations and investors are encouraged to build and provide information and databases on efficient resource use and cleaner production in industrial parks to support and connect enterprises to carry out industrial symbiosis activities.

5. The Management Board of industrial parks and economic zones shall preside over, and coordinate with relevant agencies in, building and providing information and databases on efficient resource use and cleaner production in the locality in order to certify, monitor, supervise and evaluate the effectiveness of implementing eco-industrial parks and eco-enterprises; and fully, promptly and accurately update relevant information into the information system on industrial parks and economic zones in the locality and the national information system on industrial parks and economic zones.

Article 37. Criteria for identifying eco-industrial parks

1. The investor implementing the investment project in constructing and operating industrial park infrastructure meets the following criteria:

a) Complies with the law on investment, the law on enterprises, the law on construction, the law on land, the law on environmental protection and the law on labour within 03 years before the time of registering for certification as an eco-industrial park;

b) Ensures adequate basic services in the industrial park under law, including: essential infrastructure services (electricity, water, communications, fire prevention and fighting, waste water treatment and other essential infrastructure services) and related services, supporting enterprises in the industrial park to carry out industrial symbiosis;

c) Builds and implements a coordinated mechanism for monitoring inputs and outputs on the use of raw materials, materials, water, energy, chemicals, waste and scrap in the industrial park; prepares annual periodic reports on results achieved in efficient resource use, cleaner production and emission monitoring of the industrial park, and reports to the Management Board of industrial parks and economic zones;

d) Annually, publishes a report on environmental protection and social responsibility towards the surrounding community, sends it to the Management Board of industrial parks and economic zones, and posts it on the enterprise's website.

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

a) Comply with the law on investment, the law on enterprises, the law on construction, the law on land, the law on environmental protection and the law on labour within 03 years before the time of registering for certification as an eco-industrial park;

b) Carry out at least 01 industrial symbiosis, and the enterprises participating in industrial symbiosis in the industrial park apply production and environmental management systems under appropriate standards of the International Organization for Standardization (ISO);

c) At least 20% of enterprises in the industrial park apply efficient resource use and cleaner production solutions achieving savings in raw materials, materials, water, energy, chemicals, waste and scrap and reductions in emissions to the environment.

3. The industrial park meets the following criteria:

a) The minimum ratio of the total area of green space, traffic, technical zones and shared social infrastructure in the industrial park reaches 25% in the industrial park construction plan approved by a competent state agency under the national technical regulation on construction planning;

b) There are solutions to ensure housing and service and public utility works for employees working in the industrial park.

Article 38. New construction of eco-industrial parks

1. The Government encourages new investment in eco-industrial parks through construction planning, reasonable design of functional subzones and orientation to attract investment projects in similar lines of business to support industrial symbiosis.

2. An investment project in constructing and operating eco-industrial park infrastructure must meet the following conditions:

a) The investor implementing the investment project in constructing and operating eco-industrial park infrastructure registers the lines of business attracting investment into the industrial park; expected emission levels for each line of business; the expected plan for industrial symbiosis in the industrial park, the plan for building and implementing a mechanism for monitoring inputs and outputs of the industrial park on the use of raw materials, materials, water, energy, chemicals, waste and scrap, and the plan for implementing social responsibility towards the surrounding community, in the dossier of the investment project in constructing and operating industrial park infrastructure; commits to meeting the criteria for identifying eco-industrial parks in Article 37 of this Decree within 08 years from the time the industrial park is established and clearly identifies the implementation roadmap;

b) The competent authority specifies the eco-industrial park type in the Decision on investment policy and the Investment Registration Certificate under the law on investment, as the basis for inspection, examination and supervision.

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

1. Investment projects in constructing and operating eco-industrial park infrastructure enjoy the incentive policies in Clause 1, Article 32 of this Decree.

2. Investors implementing investment projects in constructing and operating eco-industrial park infrastructure, and eco-enterprises, are given priority in borrowing concessional capital from the Vietnam Environmental Protection Fund, the Vietnam Development Bank, the Small and Medium Enterprise Development Fund and domestic and international funds and donors; are granted green credit at credit institutions and branches of foreign banks in Vietnam under the law on environmental protection and other relevant provisions of law; and may issue green bonds under the law on bond issuance and the law on environmental protection to build technical infrastructure of eco-industrial parks and implement cleaner production measures, efficient resource use and industrial symbiosis.

3. Investors implementing investment projects in constructing and operating eco-industrial park infrastructure, and eco-enterprises, are given priority to participate in technical support programmes and investment promotion programmes organised and managed by state agencies.

4. Enterprises in an eco-industrial park are given priority in being provided relevant information on the technology market and cooperation opportunities to carry out industrial symbiosis in the enterprise's field of production and business.

5. Eco-industrial parks and eco-enterprises enjoy the incentives under Clauses 1, 2, 3 and 4 of this Article and other relevant provisions of law from the time they are certified as an eco-industrial park or eco-enterprise by a competent state agency.

Article 40. Certification of eco-industrial parks and eco-enterprises

1. An industrial park meeting the criteria in Article 37 of this Decree is granted the Eco-Industrial Park Certificate by the provincial People's Committee.

2. An enterprise in an eco-industrial park participating in activities and meeting the criteria in Clause 2, Article 37 of this Decree is granted the Eco-Enterprise Certificate by the Management Board of industrial parks and economic zones.

3. The Ministry of Planning and Investment guides the forms of documents prescribed in Clause 2, Article 41, Clause 2, Article 42, and Clauses 1 and 2, Article 43, and the forms of the Eco-Industrial Park Certificate and Eco-Enterprise Certificate.

Article 41. Order, procedures and dossier for registering for certification of an eco-industrial park

1. The investor implementing the investment project in constructing and operating industrial park infrastructure prepares 06 sets of the dossier for registering for certification of an eco-industrial park and sends them to the Management Board of industrial parks and economic zones.

2. The dossier for registering for certification of an eco-industrial park includes:

a) A document registering for certification as an eco-industrial park;

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

c) Assessment of and explanation on the ability to meet the criteria for identifying eco-industrial parks under Article 37 of this Decree (with relevant documents);

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

3. Within 03 working days from the date of receiving a complete dossier, the Management Board of industrial parks and economic zones sends the dossier to seek opinions of the Ministry of Planning and Investment, the Ministry of Natural Resources and Environment, the Ministry of Science and Technology, the Ministry of Industry and Trade and the Ministry of Construction.

4. Within 15 days from the date of receiving a complete dossier, the consulted agency gives opinions on whether the criteria for identifying eco-industrial parks under Article 37 of this Decree are met.

5. Within 40 days from the date of receiving a complete dossier, the Management Board of industrial parks and economic zones organises evaluation of the dossier and prepares a report evaluating whether the criteria for identifying eco-industrial parks under Article 37 of this Decree are met.

In the course of organising the evaluation, the Management Board of industrial parks and economic zones consults organisations or units with the functions and duties, and meeting the conditions, for providing consultancy, evaluation and certification services on efficient resource use and cleaner production under law.

6. Where the evaluation result is satisfactory, the Management Board of industrial parks and economic zones reports to the provincial People's Committee to grant the Eco-Industrial Park Certificate to the investor implementing the investment project in constructing and operating industrial park infrastructure.

7. Where the evaluation result is not satisfactory, within 03 working days from the date of the evaluation result, the Management Board of industrial parks and economic zones is responsible for notifying the enterprise in writing, clearly stating the reasons for failing to meet the requirements.

Article 42. Order, procedures and dossier for registering for certification of an eco-enterprise

1. An enterprise in an eco-industrial park prepares 05 sets of the dossier for registering for certification of an eco-enterprise and sends them to the Management Board of industrial parks and economic zones.

2. The dossier for registering for certification of an eco-enterprise includes:

a) A document registering for certification as an eco-enterprise;

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

c) Assessment of and explanation on the ability to meet the criteria for identifying eco-enterprises under Clause 2, Article 37 of this Decree (with relevant documents);

d) Other documents relating to the performance of the enterprise's environmental and social responsibilities (if any).

3. Within 03 working days from the date of receiving a complete dossier, the Management Board of industrial parks and economic zones sends the dossier to seek opinions of the Departments of Natural Resources and Environment, Science and Technology, Industry and Trade, and Construction.

4. Within 07 working days from the date of receiving a complete dossier, the consulted agency gives opinions on whether the criteria for identifying eco-enterprises under Clause 2, Article 37 of this Decree are met.

5. Within 20 days from the date of receiving a complete dossier, the Management Board of industrial parks and economic zones organises evaluation of the dossier and prepares a report evaluating whether the criteria for identifying eco-enterprises under Clause 2, Article 37 of this Decree are met.

6. Where the evaluation result is satisfactory, the Management Board of industrial parks and economic zones grants the Eco-Enterprise Certificate to the enterprise.

7. Where the evaluation result is not satisfactory, within 03 working days from the date of the evaluation result, the Management Board of industrial parks and economic zones is responsible for notifying the enterprise in writing, clearly stating the reasons for failing to meet the requirements.

Article 43. Monitoring, supervising and evaluating the effectiveness of implementing eco-industrial parks and eco-enterprises

1. Annually, the investor implementing the investment project in constructing and operating eco-industrial park infrastructure prepares a report on the status of implementing the eco-industrial park and sends it to the Management Board of industrial parks and economic zones for monitoring and supervision of the following contents:

a) The status of implementing and maintaining efficient resource use and cleaner production activities of enterprises in the industrial park and the effectiveness obtained;

b) The status of implementing industrial symbiosis, the effectiveness obtained and new enterprises joining the symbiotic linkage (if any);

c) Results of savings in raw materials, materials, water, energy and chemicals and reductions in emissions to the environment of the industrial park.

2. Annually, eco-enterprises report on the status of implementing and maintaining efficient resource use and cleaner production activities; the status of implementing industrial symbiosis; and results of savings in raw materials, materials, water, energy and chemicals and reductions in emissions to the environment, sending them to the investor implementing the investment project in constructing and operating industrial park infrastructure and to the Management Board of industrial parks and economic zones for monitoring and supervision.

3. The results of monitoring, supervising and evaluating the effectiveness of implementing eco-industrial parks and eco-enterprises are the basis for the provincial People's Committee and the Management Board of industrial parks and economic zones to consider reissuing, revoking or terminating the validity of the Eco-Industrial Park Certificate and Eco-Enterprise Certificate.

4. The evaluation of economic, social and environmental effectiveness achieved by eco-industrial parks and eco-enterprises is carried out through information and databases of the national information system on industrial parks and economic zones prescribed in Clause 3, Article 47 of this Decree.

Article 44. Termination of validity and revocation of the Eco-Industrial Park Certificate and Eco-Enterprise Certificate

1. The Eco-Industrial Park Certificate or Eco-Enterprise Certificate is terminated and revoked if it falls under one of the following cases:

a) The eco-industrial park or eco-enterprise violates the law on investment, the law on construction, the law on land, the law on the environment and other relevant provisions of law applicable to industrial parks and enterprises in industrial parks;

b) The eco-industrial park or eco-enterprise fails to meet the criteria for identifying eco-industrial parks and eco-enterprises in Article 37 of this Decree, on the basis of monitoring and supervisory opinions of the Management Board of industrial parks and economic zones;

c) At the written request of the investor implementing the investment project in constructing and operating eco-industrial park infrastructure, or of the eco-enterprise, for termination of the validity of the Eco-Industrial Park Certificate or Eco-Enterprise Certificate.

2. The competent state agency that granted the Eco-Industrial Park Certificate or Eco-Enterprise Certificate shall notify in writing the investor implementing the investment project in constructing and operating industrial park infrastructure, the certified enterprise and relevant agencies of the termination of validity and revocation of the Eco-Industrial Park Certificate or Eco-Enterprise Certificate in the cases specified in Clause 1 of this Article.

Article 45. Re-certification of eco-industrial parks and eco-enterprises

1. The Eco-Industrial Park Certificate and Eco-Enterprise Certificate are reissued after 05 years if the industrial park and enterprise continue to meet the criteria for identifying eco-industrial parks and eco-enterprises under Article 37 of this Decree.

2. The dossier for registering for re-certification of an eco-industrial park or eco-enterprise is as prescribed in the corresponding provisions of Clause 2, Article 41 and Clause 2, Article 42 of this Decree.

3. The provincial People's Committee re-certifies an eco-industrial park on the basis of the dossier for registering for re-certification of the eco-industrial park, the annual monitoring and evaluation report on implementation of the eco-industrial park, and the satisfaction of the criteria for identifying eco-industrial parks at the time of re-certification, without needing to seek opinions of the relevant agencies specified in Clause 3, Article 41 of this Decree.

The procedure for re-certification of an eco-industrial park is carried out under Clauses 5 and 6, Article 41 of this Decree.

4. The Management Board of industrial parks and economic zones re-certifies an eco-enterprise on the basis of the dossier for registering for re-certification of the eco-enterprise, the annual monitoring and evaluation report on the eco-enterprise, and the satisfaction of the criteria for identifying eco-enterprises at the time of re-certification, without needing to seek opinions of the relevant agencies specified in Clause 3, Article 41 of this Decree.

The procedure for re-certification of an eco-enterprise is carried out under Clauses 5 and 6, Article 42 of this Decree.

Chapter V

NATIONAL INFORMATION SYSTEM ON INDUSTRIAL PARKS AND ECONOMIC ZONES

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

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

1. Accurate, complete, timely, scientific, objective and inherited.

2. Coordinated, and capable of connecting and exchanging data with other relevant systems.

3. Regularly updated; stored and preserved for the long term.

4. Applying information technology; systematically organised and managed, convenient for exploitation and use; serving in a timely manner the direction, administration and state management work of the Government and competent state agencies and the information needs of agencies, organisations and individuals about industrial parks and economic zones.

5. Publicly disclosed, ensuring the right of agencies, organisations and individuals to access and use information for the proper purpose under law.

6. Complying with the law on protection of state secrets and intellectual property.

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

1. The national information system on industrial parks and economic zones is built centrally and uniformly under the regulations of the Ministry of Planning and Investment, ensuring connection among relevant agencies and organisations in the network environment to serve state management and provide information on industrial parks and economic zones.

2. The information and databases of the national information system on industrial parks and economic zones are digitised information and databases, connected to the national information system on investment.

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

a) The group of economic indicators, comprising indicators assessing the effectiveness of investment attraction and land use of industrial parks and economic zones; the contribution of industrial parks and economic zones to socio-economic development and state budget revenue; and other contents;

b) The group of social indicators, comprising indicators assessing job creation, housing and service and public utility works for employees working in industrial parks and economic zones;

c) The group of environmental indicators, comprising indicators assessing environmental treatment and protection; efficient resource use, cleaner production and industrial symbiosis;

d) The group of other indicators relating to industrial parks and economic zones.

Article 48. Costs of the national information system on industrial parks and economic zones

1. Costs of building, upgrading, maintaining, managing and operating the national information system on industrial parks and economic zones are covered by regular expenditure, development investment expenditure, ODA capital, concessional loans of foreign donors, capital mobilised from socialisation and other lawful capital sources under the law on the state budget, the law on public investment and other relevant provisions of law.

2. Costs of managing, operating, collecting information and databases and updating information and databases into the national information system on industrial parks and economic zones in the network environment are covered by regular expenditure under the law on the state budget and other lawful capital sources.

3. Annually, relevant state management agencies prepare estimates of state budget expenditure for the activities specified in Clauses 1 and 2 of this Article and send them to the finance agency of the same level for consolidation and allocation of estimates under regulations on state budget decentralisation.

Article 49. Responsibilities of the Ministry of Planning and Investment

To promulgate regulations on the information and database content of the national information system on industrial parks and economic zones; to guide the collection, updating, processing, sending, receiving, storage, preservation, management, exploitation, use and publication of information and databases of the national information system on industrial parks and economic zones under Clause 3, Article 47 of this Decree.

Article 50. Responsibilities of provincial People's Committees

1. To organise regular updating, and long-term storage and preservation, of the information and database content of the national information system on industrial parks and economic zones within their management responsibility; to connect, share and provide information and databases within their management scope into the national information system on industrial parks and economic zones as prescribed.

2. To ensure the accuracy of the information and database content of the national information system on industrial parks and economic zones that they are responsible for providing, updating and managing.

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

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

5. To direct the Management Board of industrial parks and economic zones to preside over, and coordinate with relevant agencies and organisations in, performing the following tasks:

a) To organise the collection, updating, processing, sending, receiving, storage, preservation, management, exploitation, use and publication of information and databases on industrial parks and economic zones in the locality through the national information system on industrial parks and economic zones, ensuring the requirements in Article 46 of this Decree and the guidance of the Ministry of Planning and Investment under Article 49 of this Decree;

b) To require investors implementing investment projects in constructing and operating infrastructure of industrial parks and functional zones in economic zones, and investors implementing investment projects in industrial parks and economic zones, to implement the regime of periodic reporting on the status of implementing investment projects under the law on investment, the law on enterprises and other relevant provisions of law;

c) To organise the collection and updating of information on industrial parks and economic zones in the locality under the guidance of the Ministry of Planning and Investment in the course of building the national information system on industrial parks and economic zones.

Chapter VI

STATE MANAGEMENT OF INDUSTRIAL PARKS AND ECONOMIC ZONES

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

1. To develop and direct the implementation of policies and the orientation for building industrial parks and economic zones in the regional plan, and of the plan for developing the system of industrial parks and economic zones in the provincial plan.

2. To promulgate, guide, disseminate and organise the implementation of policies, laws and technical standards and regulations relating to the establishment, investment, construction planning, construction, land, environmental protection, fire and explosion prevention, development and management of the operation of industrial parks and economic zones; to build and manage the national information system on industrial parks and economic zones; and to organise investment promotion activities for industrial parks and economic zones.

3. To grant, adjust and revoke Investment Registration Certificates, Decisions on investment policy, Enterprise Registration Certificates, and licences, practising certificates and certifications of all kinds; to organise the implementation of state administrative procedures and support services relating to the investment, production and business activities of investors, organisations and individuals in industrial parks and economic zones.

4. To organise the apparatus, and train and develop the professional skills of, state management agencies for industrial parks and economic zones.

5. To engage in international cooperation to develop industrial parks and economic zones; to guide, support, evaluate investment effectiveness, inspect, examine, supervise, settle complaints and denunciations, reward, handle violations and settle issues arising in the course of developing industrial parks and economic zones.

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

1. The Government uniformly manages industrial parks and economic zones at state level nationwide on the basis of the specific assignment of duties and powers of each ministry, ministerial-level agency, provincial People's Committee and Management Board of industrial parks and economic zones under this Decree; directs the development and implementation of the orientation for building industrial parks and economic zones in the regional plan and of the plan for developing the system of industrial parks and economic zones in the provincial plan; and promulgates policies and legal normative documents on industrial parks and economic zones.

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

a) To direct ministries, ministerial-level agencies, provincial People's Committees and Management Boards of industrial parks and economic zones in implementing policies and laws on industrial parks and economic zones;

b) To approve the investment policy of investment projects within his or her competence; to decide on the establishment, expansion and boundary adjustment of economic zones; to approve and adjust general construction plans of economic zones;

c) To direct the handling and settlement of obstacles in the course of investment, establishment and management of the operation of industrial parks and economic zones that exceed the competence of ministries, ministerial-level agencies, provincial People's Committees and Management Boards of industrial parks and economic zones.

3. Ministries, ministerial-level agencies and provincial People's Committees, within the scope of their assigned functions, duties and powers, are responsible for:

a) Performing the function of state management by sector, field and territorial administration of industrial parks and economic zones;

b) Guiding, regulating and implementing decentralisation and authorisation to the Management Board of industrial parks and economic zones to perform certain state management duties within their competence and that of specialised state management agencies by sector and field of investment, enterprises, construction, labour, industry, trade, natural resources and environment, science and technology, tourism and other sectors and fields prescribed in this Decree and other relevant provisions of law.

The provisions of this Clause are implemented on the basis of work requirements, implementation capacity and the conditions and development of industrial parks and economic zones in the province or centrally run city;

c) Inspecting, examining, supervising and handling violations within state management competence in respect of: the Management Board of industrial parks and economic zones in performing the duties and powers decentralised and authorised under this Decree and other relevant provisions of law; and investors implementing investment projects in industrial parks and economic zones and investors implementing investment projects in constructing and operating infrastructure of industrial parks and functional zones in economic zones in complying with this Decree and other relevant provisions of law.

Article 53. Powers and responsibilities of state management of the Ministry of Planning and Investment

1. To preside over assisting the Government in uniformly managing industrial parks and economic zones at state level.

2. To preside over, and coordinate with ministries, ministerial-level agencies, provincial People's Committees, Management Boards of industrial parks and economic zones and relevant organisations in:

a) Developing legal normative documents and policies on management and development of industrial parks and economic zones for submission to competent authorities for promulgation or promulgation within its competence;

b) Guiding the construction of eco-industrial parks, supporting industry parks, specialised industrial parks, hi-tech industrial parks and industrial - urban - service parks;

c) Organising the appraisal of dossiers requesting approval of investment policy for investment projects within the competence of the National Assembly and the Prime Minister to approve investment policy under the law on investment; and industrial park infrastructure projects using public investment capital within the competence of the Prime Minister to decide the investment policy under the law on public investment;

d) Developing and organising the implementation of national plans and programmes for investment promotion into industrial parks and economic zones;

dd) Building and operating the national information system on industrial parks and economic zones; promulgating periodic reporting forms; providing information on industrial parks and economic zones to relevant Government agencies; guiding the development of indicators to evaluate socio-economic results and effectiveness of industrial parks and economic zones;

e) Developing the list of key economic zones and submitting it to the Prime Minister for approval in each period;

g) Guiding, and training and developing relevant professional skills for, the Management Boards of industrial parks and economic zones;

h) Reviewing and evaluating the socio-economic results and effectiveness of industrial parks and economic zones.

3. To preside over, and coordinate with the Ministry of Finance and relevant ministries and ministerial-level agencies in, developing mechanisms for mobilising capital sources to invest in developing infrastructure of industrial parks and economic zones; proposing the use of state budget capital for development investment expenditure and other lawful capital sources to invest in constructing infrastructure of industrial parks and functional zones in economic zones of a specific and important nature for the development of sectors and fields, and technical infrastructure and social infrastructure works in key economic zones, under the law on public investment, the law on the state budget and other relevant provisions of law.

4. To coordinate with the Ministry of Construction, the Ministry of Natural Resources and Environment, the Ministry of National Defence, the Ministry of Industry and Trade, the Ministry of Home Affairs, the Ministry of Labour, War Invalids and Social Affairs and relevant ministries and ministerial-level agencies in guiding the implementation of decentralisation and authorisation to the Management Board of industrial parks and economic zones.

5. To preside over, and coordinate with the Ministry of Home Affairs in, guiding the implementation of functions, duties and organisational structure of the Management Board of industrial parks and economic zones.

Article 54. Powers and responsibilities of state management of the Ministry of Home Affairs

To appraise the Scheme for establishing or reorganising the Management Board of industrial parks and economic zones and submit it to the Prime Minister for consideration and decision.

Article 55. Powers and responsibilities of state management of the Ministry of Finance

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

Article 56. Powers and responsibilities of state management of the Ministry of Construction

1. To promulgate regulations guiding the Management Board of industrial parks and economic zones in carrying out state management of construction planning of industrial parks and economic zones, of construction of technical infrastructure works and construction works in industrial parks and economic zones; construction and development of housing and service and public utility works for employees working in industrial parks and economic zones; and management and development of urban areas in industrial - urban - service parks and economic zones.

2. To organise the appraisal of the tasks and designs of the general construction plans of economic zones and submit them to the Prime Minister for approval under the law on construction.

Article 57. Powers and responsibilities of state management of the Ministry of Industry and Trade

1. To carry out state management of industry, export and import activities and trade activities in industrial parks and economic zones; to direct and orient the development of industries in industrial parks and economic zones according to the approved regional and territorial industrial development orientation and strategy.

2. To authorise the Management Board of industrial parks and economic zones to issue Certificates of Origin for goods produced in industrial parks and economic zones when the conditions for authorisation are fully met.

3. To guide the issuance of licences and equivalent papers for trading in goods under the specialised management of the Ministry of Industry and Trade.

4. To guide the conduct of goods trading and activities directly related to goods trading for foreign-invested economic organisations and foreign investors headquartered in industrial parks and economic zones.

Article 58. Powers and responsibilities of state management of the Ministry of Natural Resources and Environment

1. To develop and submit to competent authorities for promulgation, or promulgate within its competence, legal normative documents, technical regulations, technical guidance and technical standards on the environment relating to environmental protection in industrial parks and economic zones under the law on environmental protection.

2. To guide the treatment, recycling and reuse of waste and scrap in eco-industrial parks under the law on environmental protection.

3. To guide and implement decentralisation and authorisation of the performance of the tasks specified at Point d, Clause 3, Article 68 of this Decree on the basis of considering proposals of provincial People's Committees and assessing the capacity of each Management Board of industrial parks and economic zones.

Article 59. Powers and responsibilities of state management of the Ministry of Science and Technology

To guide the Management Board of industrial parks and economic zones in carrying out state management of science and technology in industrial parks and economic zones.

Article 60. Powers and responsibilities of state management of the Ministry of Labour, War Invalids and Social Affairs

1. To guide decentralisation and authorisation to the Management Board of industrial parks and economic zones to perform state management of labour duties specified at Point c, Clause 3, Article 68 of this Decree and other relevant provisions of law.

2. To guide the Management Board of industrial parks and economic zones in performing duties under Point dd, Clause 2, Article 68 of this Decree.

Article 61. Powers and responsibilities of state management of the Ministry of Public Security

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

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

Article 62. Powers and responsibilities of the Ministry of National Defence

1. To coordinate with ministries, ministerial-level agencies and provincial People's Committees in performing the function of state management of combining national defence with socio-economic development.

2. To coordinate with the Ministry of Public Security, relevant agencies and provincial People's Committees in guiding and organising the implementation of the law on entry, exit, transit and residence of foreigners in industrial parks and economic zones.

3. To direct agencies and units under the Ministry of National Defence in implementing control and inspection of entry, exit, transit and residence, certification of temporary residence, and handling of violations regarding persons and means entering, leaving and operating in border gate economic zones and seaport border gates within economic zones, under law.

Article 63. Powers and responsibilities of state management of the Ministry of Culture, Sports and Tourism

1. To guide the Management Board of industrial parks and economic zones in carrying out state management of tourism activities in economic zones.

2. To guide the Management Board of industrial parks and economic zones in granting, re-granting, amending, supplementing and extending Licences for establishing representative offices and branches in economic zones for foreign tourism enterprises.

Article 64. Powers and responsibilities of state management of the Government Inspectorate

To preside over, and coordinate with relevant ministries and ministerial-level agencies in, guiding inspection, settlement of complaints and denunciations and anti-corruption activities in industrial parks and economic zones under law.

Article 65. Powers and responsibilities of state management of ministries and ministerial-level agencies

Ministries and ministerial-level agencies, in addition to the scope of duties and powers stated in Articles 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63 and 64 of this Decree, also have the following powers and responsibilities of state management by sector and field in respect of industrial parks and economic zones:

1. To give written opinions on investment projects within the competence of the National Assembly and the Prime Minister to approve investment policy, projects in conditional investment fields, and other projects carried out in industrial parks and economic zones under the law on investment and other relevant provisions of law.

2. To guide the reuse of waste, scrap, water and surplus energy in eco-industrial parks within the powers and responsibilities of state management of their agency.

Article 66. Powers and responsibilities of state management of provincial People's Committees

1. To preside over developing and directing the implementation of the plan for developing the system of industrial parks and economic zones in the province or centrally run city.

2. To organise the preparation and adjustment of the tasks and designs of general construction plans of economic zones; to organise the preparation and approval of the tasks and designs of general construction plans and zoning construction plans, and the tasks and designs of overall adjustment plans of those plans, for industrial parks and functional zones in economic zones; to decide on the use of state budget capital to invest in or support investment in the system of technical infrastructure inside and outside the fence of industrial parks and economic zones.

3. To direct the implementation of investment procedures for investment projects in constructing and operating infrastructure of industrial parks and functional zones in economic zones during the period when a Management Board of industrial parks and economic zones has not been established under the law on investment.

4. To promulgate specific incentive and encouragement policies consistent with law on giving priority to recruiting and using local labour and highly qualified, highly skilled labour; to support vocational training for employees working in industrial parks and economic zones; and to promulgate conditions and criteria for enterprises and investors given priority in leasing or subleasing land under Clause 4, Article 9 of this Decree.

5. To plan land for constructing resettlement areas, residential areas, and service and public utility works for employees working in industrial parks and economic zones; to invest in or support investment in constructing housing, resettlement areas, and technical infrastructure and social infrastructure works under law; to support investment, trade and tourism promotion; and to support compensation and site clearance to accelerate the investment and development of industrial parks and economic zones.

6. To direct the recovery of land and water surface areas, compensation, site clearance and resettlement for agriculture and residence, and the carrying out of procedures for leasing or allocating land in industrial parks and economic zones under the law on land and other relevant provisions of law.

7. To direct relevant organisations to prepare investment plans and organise construction of the system of technical infrastructure and social infrastructure outside the fence of industrial parks and functional zones in economic zones, such as: roads, electricity supply, water supply and drainage, and communications systems, technical connection points with infrastructure works inside the fence of industrial parks and functional zones in economic zones; housing, cultural and sports works, medical examination and treatment facilities, vocational training establishments, schools and other public works meeting the development needs of industrial parks and economic zones.

8. To preside over developing plans and balancing capital to invest in or support investment in the system of technical infrastructure inside the fence of industrial parks, and the system of technical infrastructure and social infrastructure of economic zones, under the law on public investment, the law on the state budget and this Decree.

9. To promulgate and supervise the implementation of the Coordination Regulation between the Management Board of industrial parks and economic zones and agencies under the provincial People's Committee; to guide and prescribe decentralisation and authorisation to the Management Board of industrial parks and economic zones to perform certain state management tasks in the fields prescribed in this Decree.

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

11. To organise, and coordinate in organising, local vocational training establishments to meet the labour needs of industrial parks and economic zones.

12. To preside over, and coordinate with competent state agencies in, performing the tasks of inspecting, examining and supervising the settlement of issues arising in the course of developing industrial parks and economic zones under law; for issues exceeding its competence, to coordinate with ministries and ministerial-level agencies to settle them or submit them to the Prime Minister for consideration and decision.

13. To develop schemes for establishing and reorganising Management Boards of industrial parks and economic zones to ensure the principle that each province or centrally run city has one Management Board of industrial parks and economic zones, except where other specific regulations apply; to decide on the appointment of personnel to the titles of Head and Deputy Head of the Management Board of industrial parks and economic zones.

14. To ensure financial conditions, human resources and other necessary conditions for the Management Board of industrial parks and economic zones consistent with the development of industrial parks and economic zones; to allocate funding for administrative and non-business activities and development investment capital to the Management Board of industrial parks and economic zones under the law on public investment and the law on the state budget; to approve plans, allocate funds and organise investment, trade and tourism promotion campaigns to develop industrial parks and economic zones.

15. To direct local specialised agencies on trade, finance, customs, banking, public security and other relevant agencies to assign representatives with sufficient authority to settle relevant work at each industrial park and economic zone when necessary.

16. To perform other state management duties and powers on industrial parks and economic zones under this Decree and law.

Chapter VII

FUNCTIONS, DUTIES, POWERS AND ORGANISATIONAL STRUCTURE OF THE MANAGEMENT BOARD OF INDUSTRIAL PARKS, EXPORT PROCESSING ZONES AND ECONOMIC ZONES

Article 67. Functions of the Management Board of industrial parks, export processing zones and economic zones

1. The Management Board of industrial parks, export processing zones and economic zones is an agency under the provincial People's Committee that performs the function of direct state management of industrial parks and economic zones in the province or centrally run city under this Decree and other relevant provisions of law; and manages and organises the performance of the function of providing public administrative services and other support services relating to investment, production and business activities for enterprises in industrial parks and economic zones.

In this Decree, it is collectively called the Management Board of industrial parks and economic zones, except where separate regulations apply to the Management Board of economic zones.

2. The Management Board of industrial parks and economic zones is established by decision of the Prime Minister; is directed and managed by the provincial People's Committee in organisation, payroll, work programme and plan, and operating funds; is directed, guided and inspected in professional expertise by ministries and ministerial-level agencies managing relevant sectors and fields; is responsible for closely coordinating with specialised agencies under the provincial People's Committee in managing industrial parks and economic zones; performs the tasks of specialised agencies of the provincial People's Committee when decentralised or authorised; and performs the duties and powers of specialised agencies under the provincial People's Committee under this Decree and other relevant provisions of law.

3. The Management Board of industrial parks and economic zones has legal entity status; an account and a seal bearing the national emblem; state administrative management funds, non-business activity funds and development investment capital allocated by the state budget under annual plans and other funds as prescribed by competent state agencies.

4. The Management Board of industrial parks and economic zones performs the duties and powers decentralised and authorised by competent state agencies under this Decree and other relevant provisions of law.

Article 68. Duties and powers of the Management Board of industrial parks and economic zones

1. To give opinions, and to develop and submit to ministries, ministerial-level agencies and provincial People's Committees for approval, and to organise implementation of, the following:

a) To give opinions to ministries, ministerial-level agencies and provincial People's Committees in developing legal normative documents, policies and system development plans relating to industrial parks and economic zones;

b) To preside over, and coordinate with relevant agencies in, developing the Regulation on working coordination with specialised agencies under the provincial People's Committee or relevant agencies to perform assigned duties and powers under the one-stop and interlinked one-stop mechanism, and submit it to the provincial People's Committee for approval;

c) To preside over, and coordinate with relevant agencies and organisations in, preparing the tasks and designs of general construction plans and zoning construction plans of industrial parks, and the tasks and designs of overall adjustment plans of those plans, and submit them to the provincial People's Committee for approval;

d) To develop programmes and plans on investment promotion for developing industrial parks and economic zones and submit them to the provincial People's Committee for approval;

dd) To consolidate and assess the demand for labour working in industrial parks and economic zones, and coordinate with competent state agencies in supplying labour to enterprises in industrial parks and economic zones;

e) To prepare annual budget estimates, non-business activity funds and development investment capital and other funds (if any) of the Management Board of industrial parks and economic zones for submission to competent state agencies for approval under the law on the state budget, the law on public investment and other relevant provisions of law;

g) To coordinate with relevant agencies in organising technology appraisal of investment projects, assessing the technological level and capacity of enterprises; and in inspecting and controlling technology and technology transfer in investment projects, and research, development and technology application activities of enterprises.

2. The Management Board of industrial parks and economic zones performs the following tasks:

a) To manage, disseminate, guide, inspect and supervise the implementation of regulations, system development plans, construction plans and plans relating to industrial parks and economic zones approved by competent state agencies;

b) To perform the tasks of the investment registration agency and of the Management Board of industrial parks, export processing zones, hi-tech parks and economic zones under the law on investment for investment projects in industrial parks and economic zones within the competence of the Management Board of industrial parks and economic zones; to supervise and evaluate investment attraction into each type of supporting industry park, specialised industrial park, hi-tech industrial park and eco-industrial park according to the registered lines of business attracting investment specified at Point a, Clause 3, Article 32 and Point a, Clause 2, Article 38 of this Decree; to supervise and evaluate the implementation of Clause 5, Article 8, Clause 3, Article 9 and Point c, Clause 2, Article 27 of this Decree;

c) To appraise projects and construction designs and estimates for construction projects and works in industrial parks and economic zones; to inspect construction works of all kinds in the area under their management responsibility and perform other tasks of the specialised construction agency under the law on construction for construction projects and works in industrial parks and economic zones;

d) To grant, re-grant, adjust, extend and revoke Licences for establishing representative offices, and to terminate the operation of representative offices, of foreign organisations and traders headquartered in industrial parks and economic zones under the law on commerce;

dd) To grant, re-grant, extend and revoke Work Permits, and to confirm that foreign employees are not subject to work permit issuance, for foreigners working in industrial parks and economic zones.

To perform certain duties and powers of the specialised labour agency under the provincial People's Committee for employees working in industrial parks and economic zones, including: organising registration of labour regulations; reporting on labour use; receiving reports on the use of foreign employees and reports on labour changes via the National Public Service Portal; receiving and processing dossiers registering to implement contracts receiving interns of enterprises, and activities sending employees for internships abroad of under 90 days for enterprises in industrial parks and economic zones; receiving reports on labour outsourcing and annual results of training and skills upgrading; and receiving notices of organising overtime work of more than 200 hours to 300 hours per year of enterprises in industrial parks and economic zones;

e) To perform the environmental protection responsibilities of the Management Board of industrial parks, export processing zones and hi-tech parks under the law on environmental protection;

g) To receive registration of the price range and infrastructure use fees of investors implementing investment projects in constructing and operating infrastructure of industrial parks and functional zones in economic zones;

h) To inspect, supervise and evaluate the implementation of investment objectives stated in the Decision approving the investment policy and the Investment Registration Certificate, the schedule of capital contribution and project implementation; the implementation of committed terms for projects enjoying investment incentives and compliance with the law on construction, labour, wages, social insurance for employees, protection of the lawful rights and interests of employees and employers, ensuring occupational safety and hygiene, fire and explosion prevention, security and order, and environmental protection for projects in industrial parks and economic zones;

i) To coordinate with police units and other competent agencies and units in inspecting the work of maintaining security and order, fire and explosion prevention, and environmental protection, and in developing and proposing measures for ensuring security and order and organising protection forces and fire prevention and fighting forces in industrial parks and economic zones;

k) To settle difficulties and obstacles of investors in industrial parks and economic zones and recommend that the Prime Minister, relevant ministries and ministerial-level agencies, and the provincial People's Committee settle matters exceeding its competence;

l) To receive statistical reports and financial statements of enterprises in industrial parks and economic zones; to evaluate the socio-economic effectiveness of industrial parks and economic zones; to directly manage and operate the information system on industrial parks and economic zones;

m) To coordinate with the Ministry of Planning and Investment in building and managing the national information system on industrial parks and economic zones within its management competence;

n) To report periodically each quarter and each year to the Ministry of Planning and Investment and the provincial People's Committee on: the construction and development of industrial parks and economic zones; the receipt, granting, adjustment and revocation of Investment Registration Certificates and Decisions approving investment policy; the operation of investment projects; performance of obligations to the State; implementation of the law on labour and environmental protection measures in industrial parks and economic zones;

o) To support and provide information so that enterprises in industrial parks and economic zones link and cooperate with each other to carry out industrial symbiosis and cleaner production measures and to convert into eco-industrial parks;

p) To organise emulation movements and commendations for enterprises in industrial parks and economic zones;

q) To inspect, settle complaints and denunciations, prevent and combat corruption, waste and negative practices, and handle within competence or recommend that competent authorities handle administrative violations in industrial parks and economic zones in fields within the direct state management function of the Management Board of industrial parks and economic zones; to coordinate with competent state agencies in performing inspection and examination duties under law;

r) To perform tasks under law and the regulations of the provincial People's Committee on management of assigned finance, property and budget; to collect and manage the use of fees and charges; to conduct scientific research and apply scientific and technological advances; to cooperate with domestic and foreign organisations and individuals in fields relating to investing in building and developing industrial parks and economic zones; to manage the organisational apparatus, payroll, civil servants and public employees, and training and professional development for civil servants and public employees of the Management Board of industrial parks and economic zones;

s) To act as the focal point advising the provincial People's Committee in developing plans for, managing, and supporting conversion and development of, new types of industrial parks and economic zones;

t) To perform other duties and powers under this Decree, other relevant provisions of law, and as assigned by the provincial People's Committee.

3. Ministries, ministerial-level agencies, provincial People's Committees and competent state agencies decentralise and authorise the Management Board of industrial parks and economic zones to perform the following tasks:

a) To issue Certificates of Origin of all kinds for goods produced in industrial parks and economic zones, and other licences, practising certificates and certifications in industrial parks and economic zones;

b) To partially adjust approved construction plans of industrial parks and functional zones in economic zones; to approve tasks and designs of detailed construction plans for investment projects in industrial parks and functional zones in economic zones required to have detailed construction plans under the law on construction; to grant, adjust, extend, reissue, revoke and cancel Construction Permits for construction projects and works required to have Construction Permits under the law on construction; to carry out quality management of construction projects and works in industrial parks and economic zones;

c) To receive reports on the dismissal of many employees; to receive explanatory reports of enterprises in industrial parks and economic zones on the need to use foreigners for each job position that Vietnamese cannot yet fill;

d) To organise and carry out appraisal, and approve the appraisal results, of environmental impact assessment reports; to grant, exchange, adjust, reissue and revoke environmental permits for investment projects in industrial parks and economic zones.

4. The Management Board of industrial parks and economic zones is the focal point for managing investment activities in industrial parks and economic zones in the locality. Ministries, ministerial-level agencies and local state management agencies, when implementing professional tasks in industrial parks and economic zones, are responsible for coordinating with, and seeking the opinions of, the Management Board of industrial parks and economic zones, ensuring that state management of industrial parks and economic zones is unified, avoids overlap and creates favourable conditions for enterprises to operate under law.

Article 69. Duties and powers of the Management Board of economic zones

In addition to the duties and powers of the Management Board of industrial parks and economic zones under Article 68 of this Decree, the Management Board of economic zones has the following duties and powers:

1. To organise preparation and report to the provincial People's Committee for submission to competent authorities for approval:

a) The scheme for expanding and adjusting the boundaries of the economic zone;

b) The preparation and adjustment of the tasks and designs of the general construction plan of the economic zone;

c) The scheme for issuing local government bonds; the plan for mobilising other capital sources to invest in developing important technical infrastructure and social infrastructure systems in the economic zone.

2. To develop and submit to ministries, ministerial-level agencies and provincial People's Committees for approval, and to organise implementation of:

a) Coordinating with relevant agencies and organisations in preparing and adjusting land use plans and schemes in the economic zone;

b) Preparing the tasks and designs of zoning construction plans of functional zones in the economic zone, and the tasks and designs of overall adjustment plans of those plans, consistent with the approved general construction plan of the economic zone, and submitting them to the provincial People's Committee for approval;

c) Annual and 5-year plans for developing the economic zone, for submission to the provincial People's Committee and competent state agencies for approval;

d) The List of investment projects and annual and 5-year development investment capital plans, for submission to competent state agencies for approval or self-approval within its competence;

dd) Developing price ranges and levels of fees and charges applicable in the economic zone for submission to competent state agencies for promulgation under law.

3. The Management Board of economic zones directs or organises the performance of the following tasks:

a) To grant, re-grant, amend, supplement and extend Licences for establishing representative offices and branches in the economic zone for foreign tourism enterprises under law and under the guidance or authorisation of ministries, ministerial-level agencies and the provincial People's Committee;

b) To hire domestic and foreign consultants to provide investment promotion consultancy and consultancy on the strategy for investing in constructing and developing the economic zone;

c) To decide on investment for Group B and C projects using public investment capital in industrial parks and economic zones under the authorisation of the Chairperson of the provincial People's Committee; to manage ODA capital and foreign concessional loans in industrial parks and economic zones assigned by the provincial People's Committee;

d) To propose the list of projects, organise the selection of investors, and sign contracts with investors under law and the authorisation of the provincial People's Committee;

dd) To manage and use capital sources for development investment in the economic zone within its competence; to manage investment, construction and bidding for investment projects using development investment capital from the state budget in the economic zone within its competence; to manage and carry out administrative and non-business revenues and expenditures, target programmes and other assigned capital sources under law;

e) To preside over, and coordinate with relevant agencies in, maintaining and servicing the system of technical infrastructure works, social infrastructure works, and service and public utility works invested from the state budget in the economic zone;

g) To perform the environmental protection responsibilities of the Management Board of economic zones under the law on environmental protection;

h) To manage and effectively use the land fund and special-use water surface allocated after completing compensation and site clearance, for the proper use purpose and consistent with the general construction plan of the economic zone, the zoning construction plan of functional zones, and the land use plan and scheme approved by a competent authority;

i) To determine land use fees, land rent and water surface rent for investors allocated or leased land by the State to implement investment projects in the economic zone; to determine compensation and site clearance amounts deducted from land use fees and land rent in the economic zone under the law on collecting land use fees and on collecting land rent and water surface rent in economic zones;

k) To coordinate with the organisation performing compensation and site clearance in carrying out compensation, support and resettlement; re-allocating land with land use fees, re-allocating land without land use fees, and leasing land to persons needing land in functional zones of the economic zone; and performing other land management tasks in the economic zone under the law on land;

l) To coordinate with local governments and relevant agencies in ensuring that activities in the economic zone conform to construction plans, economic zone development plans approved by competent state agencies, and relevant regulations.

Article 70. Organisational structure and payroll of the Management Board of industrial parks and economic zones

1. The Management Board of industrial parks and economic zones comprises a Head, no more than 03 Deputy Heads, and an assisting apparatus.

The Head is appointed and dismissed by the Chairperson of the provincial People's Committee. Deputy Heads are appointed and dismissed by the Chairperson of the provincial People's Committee at the proposal of the Head.

2. The Head is responsible for directing all activities of the Management Board of industrial parks and economic zones, and is responsible to the provincial People's Committee, the Chairperson of the provincial People's Committee and law for the operation of industrial parks and economic zones.

3. The organisational structure of the Management Board of industrial parks and economic zones comprises: the assisting apparatus (the Office, specialised and professional divisions, and Management Board representatives at industrial parks and economic zones); affiliated public service units performing public-interest and public tasks and investment and business support services for enterprises in industrial parks and economic zones; and other organisations consistent with the development of industrial parks and economic zones and the duties and powers of each type of Management Board of industrial parks and economic zones, under the guidance of competent state agencies and the provisions of law.

4. The establishment of the assisting apparatus must meet the following conditions and criteria:

a) Divisions are organised as multi-sector, multi-field management divisions; the sectors and fields of work in a division's charge must have clear management procedures or management subjects, consistent with the duties and powers of the Management Board of industrial parks and economic zones;

b) The workload requires a minimum of 07 civil servant posts for a division under the Management Board of industrial parks and economic zones of Hanoi City and Ho Chi Minh City; a minimum of 06 civil servant posts for a division under the Management Board of industrial parks and economic zones of a class I province; and a minimum of 05 civil servant posts for a division under the Management Board of industrial parks and economic zones of a class II or class III province;

c) 01 Deputy Head of division is assigned for a division under the Management Board of industrial parks and economic zones of Hanoi City and Ho Chi Minh City with fewer than 10 civil servant posts, a division under the Management Board of a class I province with fewer than 09 civil servant posts, and a division under the Management Board of a class II or class III province with fewer than 08 civil servant posts;

d) No more than 02 Deputy Heads of division are assigned for a division under the Management Board of industrial parks and economic zones of Hanoi City and Ho Chi Minh City with from 10 to 14 civil servant posts, a division under the Management Board of a class I province with from 09 to 14 civil servant posts, and a division under the Management Board of a class II or class III province with from 08 to 14 civil servant posts;

dd) The number of deputies of the Office of the Management Board of industrial parks and economic zones and of the Representative Office at an industrial park is determined as for specialised and professional divisions.

5. The establishment and organisational structure of public service units under the Management Board of industrial parks and economic zones comply with the law on establishment, reorganisation and dissolution of public service units. The civil servant payroll and the number of employees in public service units of the Management Board of industrial parks and economic zones are assigned on the basis of job positions, linked to functions, duties and scope of operation, and are within the total civil servant payroll and number of employees in agencies, administrative organisations and public service units of the province or centrally run city assigned or approved by competent state agencies.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 71. Supplementing Government Decree No. 31/2021/ND-CP dated 26 March 2021 detailing and guiding the implementation of a number of articles of the Law on Investment as follows:

Clause 1a is added after Clause 1, Article 131 as follows:

“1a. Appendix II and Appendix III of this Decree take effect from 01 January 2021”.

Article 72. Supplementing Government Decree No. 152/2020/ND-CP dated 30 December 2020 on foreign employees working in Vietnam and recruitment and management of Vietnamese employees working for foreign organisations and individuals in Vietnam as follows:

Clause 6a is added after Clause 6, Article 30 as follows:

“6a. For employees working in industrial parks and economic zones, the Management Board of industrial parks and economic zones has the following responsibilities:

a) To grant, re-grant, extend and revoke Work Permits, and to confirm that foreign employees are not subject to work permit issuance, for foreigners working in industrial parks and economic zones;

b) To organise registration of labour regulations;

c) To receive reports on annual results of training and skills upgrading;

d) To receive notices of organising overtime work of more than 200 hours to 300 hours per year of enterprises”.

Article 73. Amending and supplementing Government Decree No. 145/2020/ND-CP dated 14 December 2020 detailing and guiding the implementation of a number of articles of the Labour Code on working conditions and labour relations as follows:

1. Clause 2, Article 4 is amended and supplemented as follows:

“Every 06 months (before 05 June) and annually (before 05 December), the employer must report on labour changes to the Department of Labour, War Invalids and Social Affairs via the National Public Service Portal using Form No. 01/PLI of Appendix I issued with this Decree, and notify the district-level social insurance agency where the head office, branch or representative office is located. Where the employer cannot report on labour changes via the National Public Service Portal, it sends a paper report using Form No. 01/PLI of Appendix I issued with this Decree to the Department of Labour, War Invalids and Social Affairs and notifies the district-level social insurance agency where the head office, branch or representative office is located. For employees working in industrial parks and economic zones, the employer must report on labour changes to the Department of Labour, War Invalids and Social Affairs, the district-level social insurance agency where the head office, branch or representative office is located, and the Management Board of industrial parks and economic zones for monitoring.

The Department of Labour, War Invalids and Social Affairs is responsible for consolidating the status of labour changes, where employers send paper reports, to fully update information using Form No. 02/PLI of Appendix I issued with this Decree”.

2. Clause 2, Article 31 is amended and supplemented as follows:

“Every 06 months and annually, report on labour outsourcing activities using Form No. 09/PLIII of Appendix III issued with this Decree, sent to the Chairperson of the provincial People's Committee, the Department of Labour, War Invalids and Social Affairs and the Management Board of industrial parks and economic zones where the enterprise's head office is located; and at the same time report to the Department of Labour, War Invalids and Social Affairs and the Management Board of industrial parks and economic zones where the enterprise comes to carry out labour outsourcing on the status of labour outsourcing activities in that locality, for the case of an enterprise outsourcing labour to operate in another province. The 06-month report is sent before 20 June and the annual report before 20 December”.

Article 74. Transitional provisions

1. Industrial parks and economic zones that have completed investment, establishment and conversion procedures under relevant law before the effective date of this Decree need not carry out additional corresponding procedures under this Decree.

2. For contents in this Decree already guided by ministries and ministerial-level agencies or prescribed in other legal normative documents on investment, enterprises, construction, labour, industry, trade, natural resources and environment, science and technology, tourism and related taxes, no document need be issued to guide implementation under this Decree, except where the content of the guiding document is inconsistent with this Decree.

3. Where the regional plan or provincial plan has not yet been decided or approved under the Law on Planning, the following applies:

a) The adjustment and supplementation of industrial park and economic zone development plans continue to be governed by Resolution No. 751/2019/UBTVQH14 dated 16 August 2019 of the National Assembly Standing Committee on interpretation of a number of articles of the Law on Planning, and Clause 11, Article 2, Article 3, Clause 1, Article 4, Articles 5, 6, 7, 8, 9 and 10, Clauses 1 and 2, Article 11, Article 14, Clause 1, Article 15, Articles 16, 17 and 18 of Government Decree No. 82/2018/ND-CP dated 22 May 2018 on management of industrial parks and economic zones;

b) The assessment of the conformity of investment projects in constructing and operating industrial park infrastructure and expanded industrial parks with the regional plan and provincial plan is carried out under the Government Decree detailing and guiding the implementation of a number of articles of the Law on Investment.

4. For an investment project in constructing and operating industrial park infrastructure whose valid dossier was received before the effective date of this Decree but for which the investment policy has not yet been decided or approved and the Investment Registration Certificate (for projects subject to the grant of an Investment Registration Certificate) has not yet been granted, the following applies:

a) The competent state agency continues to apply Government Decree No. 82/2018/ND-CP dated 22 May 2018 on management of industrial parks and economic zones to appraise, decide on the investment policy, approve the investment policy and grant the Investment Registration Certificate, except where the investor requests to apply this Decree;

b) The competent state agency may continue to use opinions and contents appraised earlier to prepare the appraisal report, decide on the investment policy, approve the investment policy and grant the Investment Registration Certificate;

c) An industrial park with an area over 500 ha complies with Points a and b of this Clause and Clauses 4 and 5, Article 8, Point a, Clause 2 and Clause 3, Article 9 of this Decree.

5. Industrial parks that, before the effective date of this Decree, had investment policy approved or decided, or were granted an Investment Registration Certificate, Investment Certificate, Investment Licence or equivalent legal document under the law on investment by a competent authority, are determined to have been established under relevant law from the time of approval or decision of the investment policy or grant of the Investment Registration Certificate, Investment Certificate, Investment Licence or equivalent legal document.

Industrial parks that were required to carry out establishment procedures under Government Decree No. 82/2018/ND-CP dated 22 May 2018 on management of industrial parks and economic zones but have not completed those procedures need not carry out establishment procedures under Decree No. 82/2018/ND-CP.

Article 75. Effect

1. This Decree takes effect from 15 July 2022.

2. Government Decree No. 82/2018/ND-CP dated 22 May 2018 on management of industrial parks and economic zones ceases to be in effect from the date this Decree takes effect, except for the cases specified at Point a, Clause 3 and Clause 4, Article 74 of this Decree.

Article 76. Organisation of implementation

Ministers, heads of ministerial-level agencies, heads of agencies attached to the Government, Chairpersons of People's Committees of provinces and centrally run cities, Heads of Management Boards of industrial parks, export processing zones and economic zones, and relevant organisations and individuals are responsible for implementing this Decree.