Chapter II
INDUSTRIAL CLUSTER DEVELOPMENT, ESTABLISHMENT AND EXPANSION PLANS
Section 1. INDUSTRIAL CLUSTER DEVELOPMENT PLAN
Article 4. Industrial cluster development plan
1. An industrial cluster development plan is formulated on the following grounds:
a) Vietnam's industrial development strategy, and provincial strategy for development of priority industries and sectors;
b) Socio - economic development orientations, regional planning, and provincial technical and specialized planning;
c) c) The demand for ground area, conditions concerning geography, traffic and human resources for attracting and relocating organizations and individuals to provincial industrial clusters for their investment in production and business;
d) The ability to mobilize sources of investment capital from enterprises and the State, and other lawful capital sources to invest in construction of industrial cluster infrastructure of provincial industrial clusters;
dd) Requirements for environmental protection, economical and efficient use of land and other local human and natural resources.
2. An industrial cluster development plan shall include, inter alia, the following contents:
a) Legal grounds and necessity for formulation of an industrial cluster development plan;
b) The assessment of current status of investment in technical infrastructure; investment attraction, occupancy rate and production and business situations; fire prevention and fighting and prevention and rescue in industrial clusters; socio-economic efficiency of each planned industrial cluster; management of industrial clusters in the province; achievements, shortcomings and causes thereof;
c) Forecasted factors that may impact the development of industrial clusters in each planning period; estimated demand for ground space of organizations and individuals making investment in industrial clusters, area of land available to develop industrial clusters in the district and province; estimated demand for labor in industrial clusters during the planning period;
d) Viewpoints, objectives and orientations for development of industrial clusters in the province during the planning period;
dd) List of industrial clusters expected to be developed in the province during the planning period, including: names, locations (down to commune; maintaining an environmental safety distance from neighboring populated areas, national historical sites/monuments, rivers, lakes; only placing industrial clusters next to each other when there is a connection in terms of industries, environmental remediation, energy, etc. between industrial clusters), area, industries. Detailed description of each industrial cluster, clearly stating: land use status (on the principle that the use of land planned for rice cultivation and land in wildlife sanctuaries, historical - cultural sites/monuments, scenic landscape, etc. is restricted); industries (with orientations towards industries that can be linked or of the same value chain of products and services given priority for production of the locality or its vicinity); explanation for grounds for removing and adding industrial clusters from/to the List of industrial clusters in the locality; estimated total investment for construction of industrial cluster infrastructure;
e) Displaying status of and planning for industrial clusters expected to be developed on the provincial planning maps;
g) Solutions for developing industrial clusters in the province during the planning period (including mobilizing sources of capital for investment in infrastructure; mechanisms and policies to support the development of industrial clusters; environmental protection; management and implementation thereof).
3. Funding and phasing of an industrial cluster development plan shall adhere to regulations on provincial planning.
Article 5. Formulation and integration of industrial cluster development plan into provincial planning
1. Each provincial Department of Industry and Trade shall preside over and cooperate with relevant provincial departments, agencies, district-level People’s Committees, and relevant units in formulating and completing the provincial industrial cluster development plan in accordance with the provisions of Article 4 hereof, and then submitting a report on the plan to the provincial People’s Committee.
2. The provincial People’s Committee shall direct the provincial planning agency to process and integrate the industrial cluster development plan into the provincial planning, and get opinions about such provincial planning (which includes the industrial cluster development plan) in accordance with regulations of law on planning for completing and submitting it to competent authorities for approval.
3. The decision on approval for the provincial planning must include contents of the industrial cluster development plan and the enclosed list of industrial clusters during the planning period, including names, locations and area of industrial clusters and relevant contents (if any).
Article 6. Adjustment of industrial cluster development plan
1. Grounds for adjustment of an industrial cluster development plan:
a) There are adjustments to Vietnam's industrial development strategy, local strategy for development of priority industries and sectors; regional planning, provincial planning, and other local technical and specialized planning;
b) There are changes in the land area used for development of industrial clusters to meet demands for lease of land to serve production and business activities of organizations and individuals and match the efficiency of investment in infrastructure and ability to lease spaces of industrial clusters of the district;
c) There is possibility of attracting enterprises and cooperatives to the industrial clusters expected to be added for their investment in construction of technical infrastructure and organizations and individuals for their production and business; there is a feasible industrial cluster relocation plan if an industrial cluster is removed from the planning.
2. The adjustment of an industrial cluster development plan shall mainly cover:
a) Legal grounds, necessity and explanation about grounds for adjustment of an industrial cluster development plan;
b) The assessment of progress and efficiency of investment in technical infrastructure; investment attraction, occupancy rate and production and business situations; fire prevention and fighting and prevention and rescue in industrial clusters; socio-economic efficiency of each planned industrial cluster; achievements, shortcomings and causes thereof;
c) Estimated demands for production premises for investment attraction, relocation to the industrial cluster, current use of land, industries, ability to attract investors, estimated total investment in industrial clusters expected to be adjusted under or added to the planning; assessment of current status and efficiency of investment in industrial clusters to be removed from the planning, grounds for proposing and feasibility of the industrial cluster relocation plan;
d) Proposed List of industrial clusters during the planning period in the province (after the adjustment), including: names, locations (down to commune; maintaining an environmental safety distance from neighboring populated areas, national historical sites/monuments, rivers, lakes, etc.; only placing industrial clusters next to each other when there is a connection between industrial clusters), area, industries.
dd) Implementation solutions.
Article 7. Formulation and integration of adjusted industrial cluster development plan into adjusted provincial planning
1. Each provincial Department of Industry and Trade shall preside over and cooperate with relevant provincial departments, agencies, district-level People’s Committees, and relevant units in formulating and completing the report on adjustment of provincial industrial cluster development plan in accordance with the provisions of Article 6 hereof, and then submitting it to the provincial People’s Committee.
2. The provincial People’s Committee shall direct the provincial planning agency to process and integrate the adjusted industrial cluster development plan into the adjusted provincial planning, and get opinions about such adjusted provincial planning (which includes the adjusted industrial cluster development plan) in accordance with regulations of law on planning for completing and submitting it to competent authorities for approval.
3. The decision on approval for the adjusted provincial planning must include contents of the adjusted industrial cluster development plan and the enclosed list of industrial clusters during the planning period, including names, locations and area of industrial clusters and relevant contents (if any).
Section 2. ESTABLISHMENT AND EXPANSION OF INDUSTRIAL CLUSTERS
Article 8. Conditions for establishment or expansion of an industrial cluster
1. The following conditions must be met when establishing an industrial cluster:
a) The industrial cluster is on the List of industrial clusters in a province approved by a competent authority; available land is suitable for the land use planning in a district;
b) An enterprise, cooperative or organization that has a legal status and capacity for investment in construction of technical infrastructure applies for approval as a technical infrastructure investor;
c) In the event industrial clusters have been established within a district, the average occupancy rate of those industrial clusters must exceed 50% or the clusters’ total area of industrial land yet to be leased out must not exceed 100 ha.
2. The following conditions must be met when expanding an industrial cluster:
a) Total area of the industrial cluster after expansion must not exceed 75 ha; available land is suitable for the land use planning in a district;
b) An enterprise, cooperative or organization that has a legal status and capacity for investment in construction of technical infrastructure applies for approval as a technical infrastructure investor;
c) The occupancy rate is at least 60% or the demand for leasing industrial land in the industrial cluster exceeds the area of current industrial land of the industrial cluster;
d) Essential shared technical infrastructural constructions have been completed and put into service (including internal roads, constructions for water supply and wastewater collection and treatment) in line with the approved detailed planning.
Article 9. Application for establishment or expansion of an industrial cluster
1. An application for establishment or expansion of an industrial cluster includes:
a) An application form for establishment or expansion of industrial cluster, which is submitted by the district-level People’s Committee. If the industrial cluster is located in two district-level administrative divisions or more, the provincial People's Committee shall assign the People's Committee of one district to apply for establishment or expansion of the industrial cluster;
b) The application form submitted by the enterprise, cooperative or organization for approval as technical infrastructure investor (including a commitment not to violate law and commitment to bear all costs and risks if not approved) enclosed with a report on investment in establishment or expansion of industrial cluster and a map determining the location and boundaries of the industrial cluster;
c) A legitimate copy of the document proving legal status of the enterprise, cooperative or organization applying for approval as technical infrastructure investor;
d) A legitimate copy of the documentation proving financial capacity of the enterprise, cooperative or organization applying for approval as the technical infrastructure investor, consisting one of the following documents: financial statement of the last 02 years; parent company's commitment to provide financial assistance; financial institution’s commitment to provide financial assistance; guarantee for investor’s financial capacity; other document proving financial capacity (if any);
dd) A legitimate copy of the document proving experience of the enterprise, cooperative or organization applying for approval as the technical infrastructure investor and other relevant document (if any).
2. Main contents of the report on investment in establishment or expansion of the industrial cluster:
a) Legal grounds, necessity and assessment of conformity with and satisfaction of the conditions for establishment or expansion of the industrial cluster; impacts of industrial parks and industrial cluster in the locality on the investment efficiency and occupancy rate of the industrial cluster;
b) Current use of land, conditions for land expropriation, estimated demand for land, orientation for arranging industries that prove connective and supportive to production; land use structure and expected attraction of investment in the industrial cluster; assessment of ability to connect technical infrastructure inside and outside the industrial cluster;
c) Determination of the objectives, area, location and scope of investment in technical infrastructure construction; analysis and selection of an alternative on investment in construction of system of technical infrastructural constructions; plan on land clearance and relocation assistance (if any); deadline and schedule for project execution in conformity with reality and ability to mobilize resources; plan and schedule for attracting investment in and relocation to the industrial cluster, and its occupancy rate; plan for water source pollution, deterioration and depletion prevention and control; plan for fire prevention and fighting prevention and rescue in the industrial cluster; housing plan for workers in the industrial cluster;
d) Determination of legal status, capacity and experience of the enterprise, cooperative or organization applying for approval as technical infrastructure investor; expected total investment, structure and ability to balance and mobilize sources of investment capital for project execution;
dd) Costs of servicing, maintenance and operation of the system of technical infrastructural constructions, other relevant costs; methods of managing and operating such system after being put into operation;
e) Preliminary assessment of environmental impacts in accordance with regulations of law on environmental protection; estimated capacity for receiving and treating waste around the area where the industrial cluster is expected to be established or expanded; forecasted sources of waste and environmental impacts of industries in which investment is expected to made in the industrial cluster and environmental management plan; assessment of the suitability for the water source functions;
g) Proposed investment incentives, special mechanisms and policies (if any); analysis and assessment of socio-economic impacts and efficiency of the industrial cluster; solutions for implementation thereof.
Article 10. Sequence of establishing or expanding an industrial cluster
1. Within 05 working days from the date of receiving the first document of the enterprise, cooperative or organization applying for approval as technical infrastructure investor, the district-level People’s Committee shall publicly announce its receipt of the application for establishment or expansion of industrial cluster on local mass media. The time limit for receiving applications is 15 days from the date of announcement.
2. Within 05 working days from the ending date of receiving the application establishment or expansion of industrial cluster, the district-level People’s Committee shall preside over and cooperate with the enterprise, cooperative or organization applying for approval as the technical infrastructure investor to prepare 02 sets of application for establishment or expansion of the industrial cluster as prescribed in clause 1 Article 9 of this Decree enclosed with electronic files thereof, and submit them to the provincial Department of Industry and Trade, which will preside over and cooperate with relevant Departments and agencies to carry out appraisal.
3. Within 25 days from the date of receiving a sufficient application for establishment and expansion of industrial cluster, the provincial Department of Industry and Trade shall complete the appraisal and submit to the provincial People's Committee a consolidated report on establishment or expansion of industrial cluster. If the report on establishment or expansion of industrial cluster is unsatisfactory, the provincial Department of Industry and Trade shall request the district-level People’s Committee in writing to complete the application. The length of time over which the application is completed shall not be included in the time limit for appraisal.
The selection of an enterprise, cooperative or organization as a technical infrastructure investor shall comply with clause 2 Article 13 of this Decree. The provincial People’s Committee shall decide the disclosure of results of investor selection to the enterprise, cooperative or organization as technical infrastructure investor.
4. Within 07 working days from the date of receiving 01 set of application for establishment and expansion of industrial cluster enclosed with the appraisal report submitted by the provincial Department of Industry and Trade, the provincial People’s Committee shall consider deciding the establishment or expansion of industrial cluster. A copy of the decision on establishment or expansion of industrial cluster shall be submitted to the Ministry of Industry and Trade.
In case name of the industrial cluster or its location within a district-level administrative division is changed or its area is 05 ha more than the area mentioned in the approved planning and in conformity with the district-level land use planning and other planning in the locality, the provincial People's Committee shall consider making its decision under the decision on establishment or expansion of the industrial cluster; at the same time update the change for reporting to the Prime Minister in the next period of formulating and approving the provincial planning.
Article 11. Contents of appraisal of application for establishment or expansion of an industrial cluster
1. The legitimacy and validity of the application for establishment and expansion of an industrial cluster.
2. Contents and feasibility of the report on investment in establishment or expansion of the industrial cluster:
a) Legal grounds, necessity and conformity with provincial planning and other related planning;
b) Assessment of satisfaction of conditions for establishment or expansion of industrial cluster; demand for land, capacity for land lease or land repurposing;
c) Name, area, objectives, industries and selection of an alternative for investment in industrial cluster infrastructure construction;
d) Legal status and capacity of the enterprise, cooperative or organization applying for approval as technical infrastructure investor, total investment, structure and ability to balance and solutions for mobilizing sources of investment capital for completion of the industrial cluster infrastructure; feasibility of the plan for environmental protection, fire prevention and fighting prevention and rescue, and housing for workers in the industrial cluster;
dd) Relevant costs and methods for management, operation and use of industrial cluster infrastructure after being put into operation;
e) Solutions for attracting investment and relocation of projects and establishment which cause pollution or are likely to cause pollution in the province (if any); preliminary assessment of socio-economic efficiency in establishment or expansion of the industrial cluster and environmental impacts of the industrial cluster;
g) Assessment of investment incentives and conditions for enjoyment thereof (if any).
Article 12. Decision on establishment or expansion of industrial cluster
1. Main contents of a Decision on establishment or expansion of industrial cluster:
a) Name, area, location and main industries;
b) Technical infrastructure investor;
c) Scale of investment in technical infrastructure construction, expected total investment capital and structure of investment capital sources;
d) Schedule for execution of the industrial cluster infrastructure construction project;
dd) Investment incentives and assistance and conditions for application thereof (if any);
e) Responsibility of the technical infrastructure investor and relevant authorities for execution of the industrial cluster infrastructure construction project;
g) Effective date of the Decision on establishment or expansion of industrial cluster;
h) Other contents (if any).
2. Adjustment or annulment of Decision on establishment or expansion of industrial cluster:
a) Under its authority and regulations of law, the provincial People's Committee shall decide to adjust or annul the Decision on establishment or expansion of industrial cluster in a manner as to suit local actual situation;
b) In the case of change of the technical infrastructure investor, the investor assessment and selection shall comply with clause 2 Article 13 of this Decree.
If the industrial cluster has a technical infrastructural construction formed using the state budget, the Provincial People's Committee shall assign the selected technical infrastructure investor to manage, repair and operate it to serve activities of the industrial cluster. Funding for construction of industrial cluster infrastructure is covered by the state budget must be excluded when fixing the rents for land rent and shared industrial cluster infrastructure; the costs of management, repair and operation of technical infrastructural constructions shall be included when fixing the rent for shared industrial cluster infrastructure. If special legislation specifies this regulation, it shall be complied with.
Tìm kiếm
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