Chương I Nghị định 32/2024/NĐ-CP về quản lý, phát triển cụm công nghiệp : Quy định chung

Chapter I

GENERAL

Article 1. Scope and Regulated entities

1. This Decree provides for the industrial cluster development plan, establishment and expansion of industrial clusters; investment in construction of technical infrastructure, business and production facilities in industrial clusters; incentives for and policies to provide assistance in development of industrial clusters, and state management of industrial clusters.

2. This Decree applies to:

a) Enterprises, cooperatives, units investing in construction of technical infrastructure of industrial clusters (hereinafter referred to as “industrial cluster infrastructure”);

b) Organizations and individuals carrying out production and business (hereinafter referred to as “businesses”) in industrial clusters;

c) Other agencies, organizations and individuals related to management and operation of industrial clusters.

Article 2. Definitions

For the purposes of this Decree, the terms below are construed as follows:

1. “industrial cluster” means a place in which industrial production activities are carried out and services are provided for industrial and cottage-industrial production, with defined geographical boundaries and without any inhabitant living in the cluster, and which is constructed to attract and relocate small and medium-sized enterprises, cooperatives and cooperative associations to conduct production and business activities.

An industrial cluster has an area exceeding 10 ha but not exceeding 75 ha. An industrial cluster in a mountainous district or a craft village industrial cluster has an area exceeding 05 ha but not exceeding 75 ha.

2. “craft village industrial cluster” means an industrial cluster 60% of industrial land of which is intended for the relocation of and expansion of production and business by small and medium-sized enterprises, cooperatives, cooperative associations, production establishments of households and individuals in the craft village practicing traditional craft.

3. “investor in construction of industrial cluster infrastructure” (hereinafter referred to as “technical infrastructure investor”) means an enterprise, cooperative or organization that is established and operates in accordance with Vietnam’s law, and invests in and commercially operates technical infrastructure of an industrial cluster.

4. “system of shared technical infrastructural constructions of an industrial cluster” includes the system of internal traffic works, sidewalks, trees, constructions for water supply and drainage, wastewater and solid waste treatment, electric power supply, public lighting or internal communications, and other constructions serving activities of the industrial cluster.

5. “project on investment in construction of industrial cluster infrastructure” (hereinafter referred to as “industrial cluster infrastructure construction project”) means an investment project that uses land to synchronously build technical infrastructure of an industrial cluster; the land in which is leased out or subleased to investors for execution of production and business investment projects, operating and managing industrial cluster infrastructure in accordance with regulations of law.

6. “industrial land area” means land area of an industrial cluster that is leased out or subleased to an organization or individual for their industrial production or provision of services for industrial production and is determined in the detailed construction planning approved by the competent authority.

7. “occupancy rate of an industrial cluster” means the ratio of the industrial land area which is leased or subleased to an organization or individual, or for which investment guidelines are approved, or to which investment registration certificate is issued for production and business to the total area of industrial land of the industrial cluster.

8. “industrial cluster development plan” means the rational arrangement or allocation of space for industrial clusters, which must be associated with policies and solutions for synchronous management and investment in construction of technical infrastructure of a province or central-affiliated city (hereinafter referred to as “province”) from time to time on the basis of environmental protection, economical and efficient use of land and other local human and natural resources. The industrial cluster development plan is an integral part of, formulated and integrated with, the provincial planning in accordance with regulations of law on planning.

9. “Decision on industrial cluster establishment or Decision on industrial cluster expansion” means a document issued by a competent authority recording legal information about an industrial cluster as the basis for making investment in construction of industrial cluster infrastructure and applying State’s policies and regulations to the industrial cluster.

10. “industrial cluster database” includes information about the plan for development, establishment or expansion of industrial clusters, investment in construction of technical infrastructure and activities of industrial clusters in provinces and nationwide.

Article 3. Business lines and business and production establishments encouraged to make their investment in and relocate to industrial clusters

1. Industries and business and production establishments encouraged to make their investment in and relocate to industrial clusters consist of:

a) Processing and manufacturing industries supporting agriculture; mechanical industry (such as: automobiles, agricultural machines, construction equipment, industrial equipment, electrical equipment, medical equipment, etc.); supporting industry; textile and apparel and footwear industry;

b) Information technology and communications, electronics industry; smart energy; digital technology, automation, high-end equipment, new materials, biotechnology;

c) Local industries and cottage industries to be preserved and developed; warehousing services, packaging, transport of goods, repair and maintenance of machinery, industrial equipment and other services directly serving local industrial and cottage-industrial production with a total area not exceeding 10% of the industrial cluster area;

d) Other industries employing high, clean and energy-efficient technologies resulting in high value and sustainable development;

dd) Industrial and cottage-industrial production establishments which cause pollution or are likely to cause pollution in craft villages and populated areas are encouraged relocated to industrial clusters.

2. Provincial People’s Committees shall specify industries and business and production establishments in industrial clusters in conformity with the industrial cluster development plan under the provincial planning and local socio - economic development orientations. Such industries shall be stated in the Decision on establish or expansion of industrial cluster.