Chương VII Nghị định 32/2024/NĐ-CP về quản lý, phát triển cụm công nghiệp : Điều khoản thi hành

Chapter VII

IMPLEMENTATION CLAUSE

Article 35. Transitional clauses

1. Any industrial cluster with an area of less than 10 ha or industrial cluster in a mountainous district or a craft village industrial cluster with an area of less than 5 ha that was established or expanded before the effective date of the Government’s Decree No. 68/2017/ND-CP and any industrial cluster formed before the effective date of the Prime Minister’s Decision No. 105/2009/QD-TTg and established by a competent authority with an area of more than 75 shall operate and be managed as prescribed by this Decree.

2. Any industrial cluster pending approval for establishment or expansion under the Government’s Decree No. 68/2017/ND-CP and Decree No. 66/2020/ND-CP, the regulations of this Decree shall continue to be complied with.

3. Any unit assigned to act as a technical infrastructure investor as prescribed in clause 2 Article 15 of the Decree No. 68/2017/ND-CP shall continue to operate until the decision on arrangement and handling issued by a competent authority is available; exercise the rights and fulfill the obligations of the technical infrastructure investor specified under this Decree and relevant laws.

4. The establishment of industrial clusters under the industrial cluster development plan in the provincial planning which were formed before the Decision No. 105/2009/QD-TTG (including industrial clusters for which the industrial cluster infrastructure construction project was approved by the competent authority before October 05, 2009, for which the detailed construction planning was approved before October 05, 2009, which were included in the local industrial cluster development planning or industrial development planning and in which an investment project was executed before October 05, 2009) shall be decided as follows:

a) According to the actual situation and operational efficiency of the industrial clusters, the provincial People's Committee shall review the investment in technical infrastructure construction and legal documents related to the industrial clusters to clarify the necessity, conformity with regulations of law and feasibility, and decide the establishment of the industrial clusters.

In the course of implementation, contents of the decision on industrial cluster establishment shall adhere to the regulations enshrined under clause 1 Article 12 of this Decree. Where an industrial cluster has an area of more than 75 ha fully covering the area of industrial land or for which the detailed planning is approved and the compensation and land clearance are completed, the provincial People’s Committee shall decide to maintain or decrease the area to make it conformable with local managerial requirements. The assessment and selection of a technical infrastructure investor shall comply with clause 3 Article 2 and clause 2 Article 13 of this Decree. In case there is a technical infrastructural construction in the industrial cluster is formed using the state budget, the regulations enshrined in point b clause 2 Article 12 of this Decree shall apply.

b) The deadline for deciding the establishment of an industrial cluster as specified in this clause is before December 31, 2026.

Article 36. Provision of rewards and imposition of penalties for violations

1. Organizations and individuals with achievements in investment in construction of industrial cluster infrastructure, production and business in industrial clusters shall be rewarded according to the provisions of law.

2. Any organization or individual that violates the provisions of this Decree shall, depending on nature and severity of the violation, be disciplined, incur an administrative penalty or face a criminal prosecution; in case of causing any damage, compensation must be provided according to the provisions of law.

Article 37. Effect

1. This Decree comes into force from May 01, 2024.

2. The Decree No. 68/2017/ND-CP and Decree No. 66/2020/ND-CP shall cease to have effect from the effective date of this Decree.

Article 38. Responsibility for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities, and organizations and individuals concerned are responsible for the implementation of this Decree.

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