Chương III Nghị định 32/2024/NĐ-CP về quản lý, phát triển cụm công nghiệp : Đầu tư xây dựng hạ tầng kỹ thuật cụm công nghiệp

Chapter III

INVESTMENT IN CONSTRUCTION OF INDUSTRIAL CLUSTER INFRASTRUCTURE

Article 13. Technical infrastructure investors

1. The State provide incentives and assistance to enterprises, cooperatives and organizations acting as technical infrastructure investors.

2. The selection of technical infrastructure investors constitutes part of the process of appraising applications for establishment or expansion of an industrial cluster; shall be carried out during the process of establishing or expanding an industrial cluster. For an industrial cluster for which an enterprise, cooperative or organization prepares an application for establishment or expansion in accordance with regulations enshrined in this Decree, a technical infrastructure investor shall be selected as follows:

The provincial People's Committee shall establish an Assessment Council for selecting a qualified technical infrastructure investor (the assessment council is comprised of a Chairperson who is a leader of the provincial People's Committee, a Deputy Chairperson who is a leader of the provincial Department of Industry and Trade, and other members who are representatives of relevant provincial departments and agencies; a Secretary who is a representative of the specialized division of the provincial Department of Industry and Trade and is not a Council’s member) for marking on a scale of 100 points according to the following criteria: the plan for investment in technical infrastructure construction (maximum 15 points), the plan for environmental protection and management of the industrial cluster (maximum 15 points), capacity and experience of the enterprise or cooperative (maximum 30 points) and the financial plan for construction of technical infrastructure (maximum 40 points). According to the actual condition of the locality and relevant regulations of law, the Council shall agree upon the working principles and methods, contents of each criterion and appropriate corresponding maximum point.

An enterprise, cooperative or organization given 50 points or higher shall be considered and selected as the technical infrastructure investor by the provincial People’s Committee according to the Decision on establishment or expansion of the industrial cluster (if 02 or more enterprises, cooperatives or organizations jointly apply for approval as technical infrastructure investor, the enterprise, cooperate or organization with the highest mark shall be selected; if there are at least two enterprises, cooperatives or organizations with the same highest mark, the enterprise, cooperative, or organization shall be selected according to the proposal of the Chairperson of the Assessment Council).

Article 14. Sequence of investment in construction of industrial cluster infrastructure

The investment in construction of industrial cluster infrastructure shall be made following the basic sequence below:

1. Prepare and approve the report on investment in establishment or expansion of the industrial cluster, other investment procedures (if any).

2. Formulate and approve the detailed planning for industrial cluster construction.

3. Set up and approve the industrial cluster infrastructure construction project and procedures for project investment preparation.

4. Organize construction of technical infrastructural constructions, and manage and operate such technical infrastructural constructions after their completion.

Article 15. Detailed planning for industrial cluster construction

1. The district-level People’s Committee shall direct agencies and units to organize formulation of the detailed planning for industrial cluster construction within its district and submit it to a competent authority for approval. Contents of the detailed planning must conform to the report on investment in establishment or expansion of the industrial cluster, include technical infrastructural constructions serving environmental protection suitable for the industries of the industrial cluster and regulations on treatment and discharge of wastewater into water sources in accordance with regulations of law.

2. The formulation and adjustment of the detailed planning for industrial cluster construction shall comply with regulations on detailed planning for construction of functional areas specified under the law on construction without having to determine planning tasks. The approved construction detailed planning shall serve as the basis for issuing construction permits and setting up construction investment projects.

3. Funding for formulation of the detailed planning for industrial cluster construction shall comply with regulations of law. 

Article 16. Management of industrial cluster infrastructure construction projects

1. The system of shared technical infrastructure system of an industrial cluster shall be designed synchronously to save costs, ensure land and water use efficiency, and facilitate the construction, repair and operation of technical infrastructural constructions. The industrial cluster infrastructure construction project shall conform to the Decision on establishment or expansion of industrial cluster and detailed construction planning approved by the competent authority.

The technical infrastructure investor shall set up and execute the industrial cluster infrastructure construction project. Contents and sequence of setting up, appraising, approving and managing the project shall comply with regulations of law on investment and construction.

2. During the stages of preparation and execution of the project, the technical infrastructure investor shall adhere to procedures and regulations on land, construction and environment, formulate plan to prevent and control pollution, deterioration and depletion of water sources and fire prevention and fighting plan and comply with other regulations applicable to the project as prescribed.

Article 17. Management of public services and utilities

1. Shared public services and utilities in an industrial cluster include security and order protection and maintenance; communications; water supply and drainage; environmental hygiene, waste treatment; fire prevention and fighting; maintenance, servicing and operation of technical infrastructural constructions and other services and utilities. Fees for use of shared public services and utilities are determined under an agreement signed between service users and the technical infrastructure investor.

2. The technical infrastructure investor shall organize provision and management of shared public services and utilities in the industrial cluster; shall make and approve the Regulation on management of public services and utilities before receiving organizations and individuals investing in production and business into the industrial cluster in accordance with regulations of law and submit 01 copy thereof to the provincial Department of Industry and Trade and the district-level People's Committee within 05 working days from the date of approval for monitoring and management purposes; if organizations or individuals investing in production and business are present in the industrial cluster, before approving the Regulation on management of public services and utilities, their comments shall be collected.

3. The settlement of complaints and disputes that arise from the management, supply and use of shared public services and utilities in the industrial cluster shall comply with regulations of law.

Article 18. Rights of technical infrastructure investors

Every technical infrastructure investor has the right to:

1. encourage and receive investment projects into the industrial cluster according to the detailed planning and industries approved by the competent authority.

2. raise capital for construction of industrial cluster infrastructure in accordance with law.

3. invest in construction of factories, warehouses and offices for lease by enterprises or for sale and trading in other public services and utilities in the industrial cluster in accordance with the law.

4. Decide on the sublease and rents for land on which shared technical infrastructure exists, rents or selling prices for factories, warehouses and offices and prices for other public services and utilities. For an industrial cluster in which the investor is not an enterprise, cooperative or organization conducting investment and business activities, the land lease shall comply with regulations of law on land; fees for use of shared technical infrastructure and other public services and utilities in the industrial cluster shall be decided by competent authorities.

5. request a competent authority to revoke the investment guideline or the investment registration certificate (if any) or take actions against the investment projects in the industrial cluster which violate the law, have been terminated or have not been executed or have been delayed according to regulations of law on investment.

6. receive incentives and assistance as prescribed in this Decree and have common interests in accordance with relevant regulations of law.

Article 19. Obligations of technical infrastructure investors

Every technical infrastructure investor has the obligation to:

1. establish a department that manages and operates industrial cluster infrastructure construction projects; organize execution of projects according to the approved detailed planning, ensuring that they are executed on schedule; in case of violation of the law, delay in execution or termination or failure to execute the project, incur penalties as prescribed by law.

2. maintain, service and operate the system of shared technical infrastructure systems of the industrial cluster throughout its operation duration; provide public services and utilities in the industrial cluster.

3. comply with regulations of law on investment, land, construction, environmental protection, protection of water resources, fire fighting and prevention and rescue, finance, accounting, audit, statistics, insurance, labor, occupational safety, industrial hygiene, security and order, social safety in the industrial cluster.

4. assist and enable organizations and individuals to follow the procedures for making their investment in production and business in the industrial cluster.

5. Submit periodic reports on activities of industrial cluster infrastructure construction projects to the statistics authority in the locality according to regulations of Law on Statistics, and to the provincial Department of Industry and Trade and district-level People’s Committee for management purposes; make publicly available information on area of land yet to be leased out or subleased in the industrial cluster on the websites of enterprises and local governments.

6. comply with other obligations and regulations of law.