Chương II Nghị định 10/2024/NĐ-CP: Phương hướng xây dựng, phương án phát triển khu công nghệ cao; thành lập, mở rộng khu công nghệ cao

Chapter II

DIRECTIONS FOR CONSTRUCTION OF AND SCHEMES TO DEVELOP HI-TECH PARKS; ESTABLISHMENT AND EXPANSION OF HI-TECH PARKS

Section 1. DIRECTIONS FOR CONSTRUCTION OF AND SCHEMES TO DEVELOP HI-TECH PARKS

Article 3. Directions for construction of hi-tech parks

1. Direction for the construction of hi-tech parks is a content of the regional planning according to Point d Clause 2 Article 26 of the Law on Planning, which determines the objective, orientation, solution, and implementation regarding the development of regional hi-tech parks.

2. Content of the direction for the construction of hi-tech parks includes:

a) Objective, orientation, direction of space allocation, and solution to the development of hi-tech parks in a specific region during a planning period; 

b) Expected quantity and scale of the area of hi-tech parks in provinces and centrally affiliated cities of the region; orientation of hi-tech parks, whose role is to lead the development of science and technology and motivate the socio-economic development of the related region.

3. The direction of the construction of hi-tech parks shall be established and adjusted together with the process of establishing, appraising, approving, and adjusting the regional planning according to planning laws.

Article 4. Schemes to develop hi-tech parks 

1. Scheme to develop high-tech parks is a content of the provincial planning according to Point d Clause 2 Article 27 of the Law on Planning, which determines the objective, orientation, solution, implementation, and list of hi-tech parks in a specific province or centrally affiliated city.

2. Content of the scheme to develop hi-tech parks includes:

a) Objective, orientation, and solution to the development of hi-tech parks during a planning period; 

b) List of hi-tech parks in the province or centrally affiliated city, which determines the expected name, scale of area, and location of each hi-tech park; 

c) Scheme to develop hi-tech parks on the planning map (determining expected location and scale of area of each hi-tech park).

3. The establishment of the list of hi-tech parks in the province or centrally affiliated city shall meet the following conditions:

a) The area with the expected establishment of hi-tech parks shall have favorable elements and conditions regarding geographical location, natural conditions, technical infrastructures, social infrastructures, science and technology, education-training, and socio-economy (capable of mobilizing resources for investment in the development and construction of hi-tech parks);

b) Have planning for housing areas and public works adjacent to or surrounding hi-tech parks to serve the life of specialists and employees working in such hi-tech parks;

c) The expected area for the construction of hi-tech parks shall be appropriate to the implementation of hi-tech park tasks prescribed in Clause 2 Article 31 of the Law on High Technologies (regarding hi-tech parks prescribed in Article 31 of the Law on High Technologies) or Clause 2 Article 32 of the Law on High Technologies (regarding hi-tech application agricultural parks prescribed in Article 32 of the Law on High Technologies);

d) Have the potential to attract investment in large-scale hi-tech projects with great impact on the development of science and technology and the socio-economy of the province and the region;

dd) Satisfy the regulations on assurance of national defense and security, environmental protection, responses to climate change, and protection of natural resources and historical, cultural, and natural relics and heritage.

e) Conform with the direction of the construction of hi-tech parks.

4. The scheme to develop hi-tech parks shall be established and adjusted together with the process of establishing, appraising, approving, and adjusting the provincial planning according to planning laws.

5. The scheme to develop hi-tech parks in the provincial planning approved by a competent authority shall be used as grounds to establish and expand hi-tech parks; establish and adjust planning for the construction of hi-tech parks; establish and adjust planning and plans for investment in the development of the system of technical and social infrastructures for the development of hi-tech parks according to relevant laws.

Section 2. ESTABLISHMENT OF EXPANSION OF HI-TECH PARKS

Article 5. Conditions for establishing hi-tech parks

1. General conditions:

a) Conforming with the regional or provincial planning approved by a competent authority;

b) Having appropriate scale of area, land use feasibility, and compatible natural conditions; 

c) Having infrastructure conditions and favorable traffic locations;

d) Being capable of linking with highly qualified research and training facilities;

dd) Having feasible schemes for personnel and professional managers for hi-tech parks;

e) Having feasible schemes to mobilize resources for investment in the development of the system of technical and social infrastructures of hi-tech parks, ensuring the capacity for balancing the state budget (if any);

g) Having feasible schemes to construct housing areas and public works adjacent to or surrounding hi-tech parks to serve the life of specialists and employees working in such hi-tech parks according to their needs and construction progress of hi-tech parks;

h) Satisfying environmental protection conditions according to environmental protection laws;

i) Ensuring national defense and security.

2. Conditions for establishing hi-tech parks prescribed in Article 31 of the Law on High Technologies:

a) Satisfying the conditions prescribed in Clause 1 of this Article;

b) Conforming with policies of the State on the development of high technologies and hi-tech industries;

c) Satisfying the conditions for implementing tasks prescribed in Clause 2 Article 31 of the Law on High Technologies;

d) Having feasible schemes to provide favorable technical infrastructures and services meeting the requirements for research, application, and development of high technologies; incubate high technologies and hi-tech enterprises; experimentally produce hi-tech products; provide hi-tech services.

3. Conditions for establishing hi-tech application agricultural parks prescribed in Article 32 of the Law on High Technologies:

a) Satisfying the conditions prescribed in Clause 1 of this Article;

b) Conforming with agricultural development strategies and plans;

c) Satisfying the conditions for implementing tasks prescribed in Clause 2 Article 32 of the Law on High Technologies;

d) Having feasible schemes to provide favorable technical infrastructures and services meeting the requirements for research, training, experiment, and showcase of hi-tech applications concerning agriculture.

Article 6. Conditions for expanding hi-tech parks

1. The area suggested for expansion shall satisfy the conditions prescribed in Clause 2 Article 5 in case of expanding hi-tech parks prescribed in Article 31 of the Law on High Technologies or Clause 3 Article 5 of this Decree in case of expanding hi-tech application agricultural parks prescribed in Article 32 of the Law on High Technologies.

2. The system of social infrastructures of implemented hi-tech parks shall complete the construction investment according to the approved master planning for construction (if any) and planning for subdivision construction.

3. The occupancy rate of implemented hi-tech parks shall reach at least 60%.

4. The area suggested for expansion shall have a location, scale, and conditions for ensuring favorable connections to the system of technical and social infrastructures of implemented hi-tech parks.

Section 7. Applications for establishing and expanding hi-tech parks 

1. An application for establishing or expanding a hi-tech park formulated by the People’s Committee of a province includes:

a) Statement on the request for the establishment or expansion of the hi-tech park for presentation to the Prime Minister of Vietnam;

b) Scheme to establish or expand the hi-tech park.

2. The scheme to establish the hi-tech park includes:

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

b) Assessment of the status, geographical and natural elements and conditions, natural resources, science and technology, socio-economy, limitations, and comparative advantages of the area suggested for the establishment of the hi-tech park compared to other areas in the province or centrally affiliated city;

c) Assessment and presentation of the capacity for satisfying conditions for establishing hi-tech parks as prescribed in Article 5 of this decree (enclosed with relevant documents);

d) Expected direction for the development of the hi-tech park: development objectives, nature, functions, and tasks of the hi-tech park; direction for the development of prioritized sectors and fields in the hi-tech park; orientation of the organization of functional areas for the implementation of tasks according to the Law on High Technologies, preliminary direction for space development and land use planning; direction for the development of personnel and managers;

dd) Expected total investment capital, measures to mobilize sources, and assignment of responsibilities for investment in the technical infrastructure system of the hi-tech park; plans and road maps for investment in the construction and development of the hi-tech park;

e) Suggestions on solutions and their implementation;

g) Display of the scheme to establish the hi-tech park on the 1:10.000 - 1:25.000 map.

3. The scheme to expand the hi-tech park includes:

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

b) Assessment of the construction, development, and operations of the existing hi-tech park according to the approved master planning for construction (if any) and planning for subdivision construction; clarification of the occupancy rate of the hi-tech park;

c) Assessment of the status, geographical and natural elements and conditions, natural resources, science and technology, socio-economy, limitations, and comparative advantages of the area suggested for the expansion of the hi-tech park;

d) Assessment and presentation of the capacity for satisfying conditions for expanding hi-tech parks as prescribed in Article 6 of this Decree (enclosed with relevant documents);

dd) Expected direction for the development of the area suggested for expansion: development objectives, nature, functions, and tasks of the expanded area; direction for the development of prioritized sectors and fields in the expanded area; orientation of the organization of functional areas for the implementation of tasks according to the Law on High Technologies, preliminary direction for space development and land use planning; direction for the development of personnel, meeting the expansion needs;

e) Expected total investment capital, measures to mobilize sources, and assignment of responsibilities for investment in the technical infrastructure system of the hi-tech park; plans and road maps for investment in the construction and development of the hi-tech park;

g) Suggestions on solutions and their implementation;

h) Display of the scheme to expand the hi-tech park on the 1:10.000 - 1:25.000 map.

4. The statement of the People’s Committee of the province on the request for the establishment or expansion of the hi-tech park for presentation to the Prime Minister of Vietnam includes: legal grounds; necessity and process of formulating the scheme to establish or expand the hi-tech park; summary of the scheme to establish or expand the hi-tech park; assessment of compliance with the criteria for the establishment or expansion of the hi-tech park; suggestions on the establishment or expansion of the hi-tech park. 

5. The application for the establishment or expansion of the hi-tech park of the People’s Committee of the province according to Clauses 1, 2, 3, and 4 of this Article shall be made into 10 copies (with 2 of them as the original) and submitted to the authority in charge for presentation to the Prime Minister of Vietnam for the establishment or expansion of the hi-tech park according to Article 8 of this Decree.

Article 8. Competence and procedure for requesting the Prime Minister of Vietnam to establish or expand hi-tech parks

1. Authorities taking charge of the presentation to the Prime Minister of Vietnam for the establishment or expansion of hi-tech parks (hereinafter referred to as “authorities in charge”):

a) The Ministry of Science and Technology of Vietnam shall take charge and cooperate with relevant state authorities in assessing applications for the establishment or expansion of hi-tech parks according to Article 31 of the Law on High Technologies before presenting them to the Prime Minister of Vietnam for decisions;

b) The Ministry of Agriculture and Rural Development of Vietnam shall take charge and cooperate with relevant state authorities in assessing applications for the establishment or expansion of hi-tech application agricultural parks according to Article 32 of the Law on High Technologies before presenting them to the Prime Minister of Vietnam for decisions.

2. Procedure for establishing or expanding a hi-tech park:

a) The People’s Committee of a province shall formulate an application according to Article 7 of this Decree and submit it to an authority in charge prescribed in Clause 1 of this Article;

b) Within 5 working days after receiving the adequate application for the establishment or expansion of the hi-tech park according to regulations, the authority in charge prescribed in Clause 1 of this Article shall send the application and suggestion collection documents to relevant state authorities; 

c) Within 20 working days after receiving the suggestion collection documents with the enclosed application, authorities subject to the suggestion collection shall send written suggestions on the contents within their scope of state management to the collecting authority;

d) Within 5 working days after receiving the adequate suggestion documents, the authority in charge shall assess the application according to Clause 3 of this Article.

In case of necessity, the authority in charge shall hold a meeting with relevant ministries, central authorities, and People’s Committees of provinces or establish a Advisory Council to clarify relevant issues;

dd) While assessing the application, if amendments to the application are needed, the authority in charge shall notify the People's Committee of the province of the implementation in writing. The time for amending the application shall not be included in the time for assessing the application;

e) Within 5 working days after receiving the amended application for the establishment or expansion of the hi-tech park as requested (if any), the authority in charge shall formulate an application according to Clause 1 Article 9 of this Decree and present it to the Prime Minister of Vietnam for consideration and decision on the establishment or expansion of the hi-tech park.

3. Assessment contents of an application for the establishment or expansion of a hi-tech park include:

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

b) Assessment of compliance with conditions for establishing or expanding hi-tech parks prescribed in Article 6 of this Decree;

c) Assessment of the feasibility of the direction for the development of the hi-tech park; scheme to mobilize sources for investment in the construction of the technical infrastructure system of the hi-tech park or the expanded area of the hi-tech park and the connection with the infrastructure system of an invested hi-tech park; capacity for balancing the state budget;

d) Preliminary assessment of the effective contributions to science and technology and socio-economy of the establishment or expansion of the hi-tech park;

dd) Feasibility of measures to establish or expand the hi-tech park.

Article 9. Applications for presentation of establishment or expansion of hi-tech parks and competence in deciding on hi-tech park establishment or expansion

1. An application formulated by an authority in charge prescribed in Clause 1 of Article 8 of this Decree for presentation to the Prime Minister of Vietnam for consideration and decision on the establishment or expansion of a hi-tech park includes:

a) Statement of the authority in charge for presentation to the Prime Minister of Vietnam based on the application assessment results (enclosed with a draft decision on the establishment or expansion and operational regulations of the hi-tech park); 

b) Statement on the request for the establishment or expansion of the hi-tech park of the People's Committee of a province for presentation to the Prime Minister of Vietnam (that has been amended in case amendments are requested);

c) Scheme to establish or expand the hi-tech park of the People’s Committee of the province mentioned above (that has been amended in case amendments are requested);

d) Enclosed proof documents (if any).

2. The Prime Minister of Vietnam shall consider issuing a decision on the establishment or expansion the hi-tech park.

The decision mentioned above shall be the ground to implement the planning for the construction of the hi-tech park and the plan for investment in the development of the hi-tech park.

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