Chapter I
GENERAL PROVISIONS
Article 1. Scope and subjects of application
1. This Decree prescribes the scheme and plan for construction and development of industrial parks and economic zones; investment in infrastructure, establishment, operation, development policies and state management of industrial parks and economic zones.
2. This Decree is applied to competent regulatory bodies, organizations and individuals involved in investment, production and business activities at industrial parks and economic zones.
Article 2. Interpretation
For the purposes of this Decree, terms used herein shall be construed as follows:
1. Industrial park refers to an area that is enclosed by definite boundaries, specializes in production of industrial goods and provision of services satisfying the industrial production needs.
2. Export processing zone refers to an industrial park specially intended for manufacturing of exported goods, rendering of services meeting the needs of production of exported goods and exporting purposes; which is fenced in under the regulatory provisions applied to the free zones stipulated in law on customs duties.
3. Supporting industrial park refers to an industrial park which specializes in manufacturing supporting industrial products and renders services satisfying the needs of manufacturing of these products; has at least 60% of its industrial land which is used for attracting investment projects on manufacturing of supporting industrial products under law on development of the supporting industry.
4. Specialized industrial park refers to an industrial park which specializes in and supplying services needed for manufacturing of products in a specified industry or sector; has at least 60% of its industrial land intended to attract investment projects in such industry or sector.
5. Eco-industrial park refers to an industrial park in which enterprises located inside its perimeter get involved in cleaner production, make effective use of natural resources and enter into production linkage and cooperation for industrial symbiosis; which meet the criteria stipulated herein.
6. Hi-tech industrial park refers to an industrial park that attracts hi-tech and IT investment projects on the classification list of industries and sectors with special investment incentives under the provisions of law on investment; projects with technology transfers on the classification list of technologies eligible for technology transfer incentives as provided in law on technology transfer; technology incubators; science and technology business incubators subject to law on high technology and legislation on science and technology; investment projects on creative entrepreneurship, innovation, research and development, education and training; that has at least 30% of its industrial land used to attract these investment projects.
7. Industrial symbiosis refers to cooperation between enterprises within an industrial park or with enterprises within various ones in order to optimize the use or reuse of input and output factors, such as raw materials, water, energy, waste, scrap, by-products, etc., during the manufacturing and business process.
8. Eco-business refers to a business that simultaneously applies solutions for cleaner production, efficient use of resources and industrial symbiosis in an eco-industrial park; meets the criteria specified in this Decree.
9. Expanded industrial park refers to an industrial park area formed through an increase in the land size of the preexisting industrial park in which the expanded area of that industrial park is near or adjacent and possibly connected or has access to infrastructure facilities of the preexisting industrial park.
10. Industrial park subdivision refers to a dimensional part of an industrial park which is enclosed with definite boundaries, specializes in manufacturing of goods and provision of services that meet the needs of industrial production; determined in the planning scheme for construction of the industrial park approved by the competent state agency.
11. Infrastructure user fee refers to a type of charge for use of the paid services of technical utility and service infrastructure, including road, electricity supply, water supply, water drainage, communication, wastewater, waste and other public service and utility works.
12. Project on construction and business of infrastructure facilities of an industrial park refers to an investment project using land for constructing synchronous technical infrastructure at the industrial park and leasing or sub-leasing land to investors for construction of premises, office, storage yards and facilities, public service and utility facilities; implementation of investment projects; organization of production and business activities under law.
13. Economic zone refers to an area which is enclosed with specified geographical boundaries, including functional zones and is established to meet the objectives of calling for investments, promoting socio-economic development and maintaining national defence and security.
14. Coastal economic zone refers to an economic zone established at and near the coast.
15. Border-gate economic zone refers to an economic zone established at and near the land border.
16. Specialized economic zone refers to an economic zone established at a key economic region, dynamic development corridor, or a region having similar functions that is specified in the regional planning scheme.
17. Free trade zone in an economic zone refers to a free zone specified in the master plan for construction of an economic zone.
18. Agricultural land area refers to an area of land in an industrial park which is leased or sub-leased to an investor to build its premises, office, storage yards, facilities, carry out its investment projects, organize production and business activities; specified in the planning scheme for construction of the industrial park approved by the competent state authority.
19. Service land area refers to an area of land in an industrial park which is leased or sub-leased to an investor to build public service, utility facilities and carry out its investment projects; specified in the planning scheme for construction of the industrial park approved by the competent regulatory authority.
20. Export processing refers to a specialized act of manufacturing of exported commodities and provision of services for production of exported products and exportation.
21. Export processing enterprise refers to an enterprise performing the export processing function in an export processing zone, industrial zone and economic zone.
22. Occupancy rate of an industrial park refers to the proportion in percent (%) of industrial and service land that has been leased or sub-leased to the investor obtaining the investment policy, investment registration certificate to build project premises, office, storage yards, facilities, public service and utility facilities, execute an investment project, organize production and business activities under law to total area of industrial and service land of the industrial park.
23. Public service and utility facility for workers in an industrial park or economic zone refers to a public work classified according to its function or usability as per legislation on construction, including educational, training and research institutions; healthcare establishments; sports and culture centers and parks; shopping malls; accommodation facilities; service and other infrastructure facilities built to directly serve personnel working in that industrial park or economic zone.
24. National industrial park or economic zone information system stated in point dd of clause 1 of Article 71 in the Law on Investment refers to the specialized industrial park and economic zone information system which is developed and operated under the provisions hereof to send, receive, store, display and perform other operations with respect to data intended for the state management of industrial parks and economic zones.
25. Industrial cluster in an industrial park refers to both cooperative and competitive form of association between enterprises in the same industry and interested enterprises or organizations operating at that industrial park.
Article 3. Scheme for construction of an industrial park or economic zone
1. A scheme for construction of an industrial park or economic zone constitutes part of the regional planning scheme prescribed in point d of clause 2 of Article 26 in the Law on Planning.
2. A scheme for construction of an industrial park or economic zone shall contain the following information:
a) Objectives, orientations and guidelines for spatial distribution, implementary organization and solutions for development of industrial parks or economic zones of a region in the planning period;
b) Estimated total area of land proposed types of industrial parks or economic zones in specific provinces or centrally-affiliated cities in a region; determination of economic zones playing important and dynamic roles in the regional socio-economic development.
Article 4. Plans for development of industrial park network
1. A plan for development of an industrial park network constitutes part of the provincial planning scheme under the regulatory provisions of point d of clause 2 of Article 27 in the Law on Planning.
2. Each plan for development of the industrial park network must include the following information:
a) Objectives, orientations, implementary organization and solutions for development of the network of industrial parks in the planning period;
b) List of industrial parks in a province or centrally-affiliated city;
c) Representation of the plan for development of the network of industrial parks on the planning map.
3. List of industrial parks located in a province or centrally-affiliated city must contain the following information:
a) Names of listed industrial parks;
b) Proposed project sizes and locations of listed industrial parks.
4. In order to compile a list of industrial parks in a province or centrally-affiliated city, the following requirements must be satisfied:
a) Developing new industrial parks in urban areas of special-category cities, centrally-affiliated category-I cities or provincially-affiliated cities, except for industrial parks developed into hi-tech industrial parks or eco-industrial parks, is not allowed;
b) Using special-use forest land or protection forest land (including watershed protection forests, forests intended for protection of water sources of residential communities, border protection forests) for development of industrial parks is not allowed;
c) Industrial parks on the list must be synchronously connected to technical utility, social infrastructure and can attract human resources and serve as a hub to mobilize resources needed for development of industrial parks;
d) Each industrial park must reserve the space accounting for 2% of total area of land of all industrial parks on the list of industrial parks located in a province or centrally-affiliated city for development of accommodation, public service and utility facilities for its workers and employees;
dd) Each industrial park must meet regulations on national defence and security; environmental and natural resource protection; disaster management; dyke and coastal embankment protection; use of reclaimed sea land; response to climate change; and conservation of historical, cultural remnants and natural heritage;
e) The list must be in line with the scheme for construction of the network of industrial parks.
5. The plan for development of industrial park network serves as the prelude to:
a) Formulation of the planning scheme for expansion of industrial parks and the revised or updated version thereof;
b) Formulation and modification of the investment plan for development of technical utilities and social infrastructure needed for development of industrial parks or expanded industrial parks.
Article 5. Plans for development of economic zone network
1. A plan for development of the network of economic zones constitutes part of the provincial planning scheme under the regulatory provisions of point d of clause 2 of Article 27 in the Law on Planning.
2. Each plan for development of the economic zone network must include the following information:
a) Objectives, orientations, implementary organization and solutions for development of the network of economic zones in the planning period;
b) List of economic zones in a province or centrally-affiliated city;
c) Representation of the plan for development of the network of economic zones on the planning map.
3. List of economic zones located in a province or centrally-affiliated city must contain the following information:
a) Names of economic zones on the list;
b) Proposed project sizes and locations of economic zones on the list.
4. In order to compile a list of economic zones in a province or centrally-affiliated city, the following requirements must be satisfied:
a) Economic zones on the list must be located in areas full of crucial potentials and advantages in terms of natural, resource and socio-economic conditions compared to the others nationwide in order to attract human resources, mobilize resources and develop technical utilities, social, production and business infrastructure; must be connected to international airports or class-I or higher-class seaports in the event that establishment of a coastal economic zone is proposed; must have international border gates in place as provided in law on management of land border checkpoints in the event that development of a border gate economic zone is planned; must be capable of providing easy connection to regional and international economic corridors, easy access to international markets, and being developed into large-scale industrial – urban – service and innovation centers promoting regional special potentials in the event that establishment of a specialized economic zone is proposed;
b) Each coastal economic zone or bordergate economic zone must be located on the land covering an area of at least 10,000 ha; each specialized economic zone must be located on the land covering an area of at least 5,000 ha. All of these economic zones must meet general development requirements of economic zones;
c) Each economic zone can attract investment projects or items of work that are large in scale, critically important and affect the socio-economic development of the whole region;
d) Economic zones on the list do not have adverse impact on historical - cultural relics, natural heritage; are in line with national defence arrangements and objectives of national defense, security, sovereignty and territory protection; enable conformance to requirements concerning environmental and natural resource protection, natural disaster prevention and control, sustainable development and response to climate change;
dd) Economic zones on the list are in line with the scheme for construction of the network of economic zones.
5. Plans for development of the network of economic zones in provincial planning schemes must be precondition for:
a) Establishment or expansion of economic zones;
b) Supervision of formulation of the master plan for construction of economic zones and the revised or updated version thereof;
c) Supervision of formulation and revision of the investment plan for development of technical utilities and social infrastructure needed for development of economic zones.
Tìm kiếm
Nghị định 35/2022/NĐ-CP về quản lý khu công nghiệp và khu kinh tế (Bản Word)
Nghị định 35/2022/NĐ-CP về quản lý khu công nghiệp và khu kinh tế (Bản Pdf)
