Chương II Nghị định 35/2022/NĐ-CP về quản lý khu công nghiệp và khu kinh tế: Đầu tư hạ tầng, thành lập khu công nghiệp, khu kinh tế

Chapter II

INVESMENT IN INFRASTRUCTURE AND ESTABLISHMENT OF INDUSTRIAL PARKS OR ECONOMIC ZONES

Section 1. Investment in infrastructure and establishment of industrial parks

Article 6. Investment in infrastructure and establishment of industrial parks

1. Industrial parks may take one of the following forms: industrial parks, export processing zones, supporting industrial parks, specialized industrial parks, eco-industrial parks and hi-tech industrial parks (hereinafter referred to as industrial parks).

2. Industrial parks located within the boundaries of an economic zone shall be incorporated into the master plan for construction of that economic zone to be submitted to seek approval under the regulatory provisions of law on construction. When an industrial park located within an economic zone is adjusted, procedures for adjustment to the master plan for construction of economic zones that are prescribed in legislation on construction shall be carried out.

3. Conditions, processes and procedures for investment in infrastructure and establishment of an industrial park shall be subject to the regulatory provisions of this Decree and other relevant legislation.

4. Conditions, processes and procedures for investment in infrastructure and establishment of an expanded industrial park shall be subject to regulations on conditions, processes and procedures for investment in infrastructure and establishment of a new one, except when it falls in the case prescribed in clause 8 of Article 9 herein.

5. Each industrial park may have one or more owners of infrastructure investment projects, investors in construction and business of infrastructure of that industrial park.

6. An industrial park is defined as already established since the competent authority:

a) issues the decision on investment policy for infrastructure facilities of the industrial park funded by public investment funds as per law on public investment;

b) approves the investment policy and accepts investors; accepts investors or issues the investment registration certificate for implementation of investment projects on construction and business of infrastructure facilities of an industrial park as per law on investment.

Article 7. Industrial park construction planning

1. The planning scheme for construction of an industrial park must be composed of information about the master plan for construction of industrial parks, the zoning scheme for construction of the industrial park and the detailed planning scheme for construction of the industrial park (if required). The planning scheme for construction of an industrial park must be developed, evaluated and approved under law on construction and regulations laid down herein.

2. The master plan for construction of an industrial park or the zoning scheme for construction of an industrial park which is approved shall serve as the prelude to:

a) Conduct of the process of formulation of the detailed planning scheme for construction of an industrial park (if necessary);

b) Conduct of the process of formulation of the pre-feasibility study report for the project on construction of infrastructure facilities of the industrial park funded by public investment funds as per law on public investment; conduct of the process of formulation of the dossier on the investment project on construction and business of infrastructure facilities of the industrial park in accordance with law on investment;

c) Issuance of the decision on the investment policy for construction of infrastructure facilities of the industrial park funded by public investment funds; grant of approval of the policy for the investment project on construction and business of infrastructure facilities of the industrial park in accordance with law on investment.

3. Based on the plans for development of the network of industrial parks in the provincial planning schemes, People’s Committees of provinces shall be in charge of creating and approving tasks and proposals involved in the master plan for construction or the scheme for zoning of the industrial park in accordance with legislation on construction.

4. Exemption from the requirement concerning assignment of tasks involved in a planning scheme shall be granted in the following cases:

a) Any industrial park has its zoning scheme in use at the area with the master construction plan or the master plan for construction of the economic zone that has already been approved;

b) Any industrial park has its detailed construction plan in use at the area with the approved zoning scheme;

c) Those are defined in clause 5 of this Article.

5. Competent regulatory authorities must take charge of formulating the master plan or the zoning scheme for the entire area that is planned according to law on construction with respect to any industrial park built on the land covering an area of at least 500 ha; any industrial - urban - service area; any industrial park with multiple owners of infrastructure facilities or investors performing the function of construction and business of infrastructure facilities according to specific industrial subdivisions.

Where the industrial park, industrial – urban – service area referred to in this clause is identified in the master urban plan or the master planning scheme for construction of the economic zone that has already been approved, it can determine proposals involved in the planning scheme of zoning of the industrial park without needing to assign tasks involved in the planning scheme.

6. Except in case of formulation of the planning scheme for construction of the industrial park in the area already obtaining the approved master construction plan or the industrial park conformable to the master planning scheme for construction of the economic zone that has already been approved, People’s Committees of provinces shall be responsible for collecting written opinions on proposals involved in the master construction plan or the planning scheme of zoning of the industrial park from the following agencies:

a) Ministry of Planning and Investment, and Ministry of Construction, with respect to industrial parks, each of which covers an area of at least 200 ha;

b) Ministry of Transport with respect to industrial parks connected to national highways;

c) Ministry of Culture, Sports and Tourism with respect to industrial parks adjacent to historical – cultural relics, natural heritage or tourism areas at the national or higher level;

d) Ministry of Construction with respect to industrial parks located within category-II cities;

dd) Ministry of National Defense, Ministry of Public Security with respect to industrial parks located on islands or at border communes, wards, towns; coastal communes, wards, towns or other areas affecting national defence and security under law on national defence, security and investment.

7. The People's Committee of a province shall decide to adjust location and size of land included in the planning schemes for construction of the industrial park without any change of its district in the following cases:

a) An industrial park to be developed can be adjusted in terms of location and size of land of the project on construction of the industrial park provided that the dimensional scale of that project is not differed by no more than 2% and 6 ha from that of the industrial park already on the list of industrial parks in a province or centrally-affiliated city;

b) The change of location and size of the project on development of the industrial park that does not fall into the case specified in point a of this clause shall be accepted provided that the dimensional scale of that project is not differed by no more than 10% and 30 ha from that of the industrial park already on the list of industrial parks in a province or centrally-affiliated city after receipt of the written consent from the Ministry of Construction; the Ministry of Natural Resources and Environment; and/or the Ministry of Planning and Investment.

8. The People’s Committee of a province shall assign the investor nominated to execute the investment project on construction and business of infrastructure facilities of an industrial park to develop the scheme for zoning of that industrial park (where necessary) in the area where the master plan for construction of industrial parks is available.

9. The investor nominated to execute the investment project on construction and business of infrastructure facilities of an industrial park shall take charge of formulating the detailed planning scheme for construction of the industrial park (where needed).

10. The People’s Committee of a province shall grant approval of the proposal involved in the detailed planning scheme for construction of the industrial parks located in two or more districts under its authority.

11. The People’s Committee of a province shall authorize the Industrial Park and Economic Zone Authority to make its decision on local changes in the scheme for zoning of industrial parks; the detailed planning scheme for construction of industrial parks located in two or more districts under its authority.

12. Public service and utility facilities planned to be developed within the area of service land of an industrial park shall be intended for its workers and employees. The rate of area of land intended for construction of public service and utility facilities shall not be greater than total area of land available for use in that industrial park.

Article 8. Processes and procedures for investment in industrial park infrastructure

1. Processes and procedures for deciding and changing the investment policy for development of infrastructure facilities of a publicly-funded industrial park shall be subject to law on public investment and the following regulatory provisions:

a) The pre-feasibility study report for construction of infrastructure facilities of the industrial park must contain explanations about conformance to the requirements set out in Article 9 herein;

b) Items of the pre-feasibility study report to be reviewed shall include those stipulated in legislation on public investment and conformance to the equivalent conditions specified in Article 9 herein.

2. Processes and procedures for investment in the project on construction and business of infrastructure facilities of an industrial park, even including the industrial park within the economic zone that does not fall in the case specified in clause 1 of this Article, shall be subject to law on investment and the following regulatory provisions:

a) The proposal for the investment project or the pre-feasibility study report in the application for approval of the investment policy must contain explanations about conformance to the conditions specified in Article 9 herein; explanations about conformance to the conditions specified in clause 1 of Article 10 herein (in case where approval of both the investment policy and the investor is granted);

b) Items of the approval of the investment policy to be reviewed shall include those stipulated in legislation on public investment and conformance to the respective conditions specified in Article 9 herein and clause 1 of Article 10 herein (in case where approval of both the investment policy and the investor is granted).

3. Opinions of the agencies referred to in clause 6 of Article 7 herein shall be further used for the review of the pre-feasibility study report or the review of the investment policy as provided in clause 1 and 2 of this Article. The agency collecting these opinions shall submit the dossier on re-survey on opinions from these agencies on the reviewed items where necessary.

4. The industrial park subject to the investment phasing requirements set out in clause 2 of Article 9 herein shall follow the processes and procedures for deciding the investment policy and approving the investment policy and granting the investment registration certificate over specific phases.

With respect to a publicly-funded industrial park or the following phase in which the investor is the same as the one in the preceding phase, the decision on the investment policy, the approval of the investment policy and the certificate of investment registration may be granted after the minimum occupancy rate is 60% in the preceding phase, or when construction of infrastructure facilities is completed according to the approved planning scheme for construction of industrial parks. In such case, the investor in the preceding phase is preferred to proceed to make investment in the following phase, except where the tendering or bidding process is needed for selection of the qualified investor in accordance with law.

5. Investment in construction of infrastructure facilities of the industrial park falling in the case stated in clause 3 of Article 9 herein shall follow the processes and procedures for deciding the investment policy, accepting the investment policy and granting the investment registration certificate over specific phases and comply with the following regulations:

a) Project documentation must include commitments regarding the progress in attracting investment projects for development of the industrial cluster prescribed in clause 3 of Article 9 herein;

b) The decision on the investment policy, the decision on approval of the investment policy and the investment registration certificate must stipulate commitments included in the project documentation. Imposing sanctions upon any breach of commitments shall be subject to those stated in these commitments, regulatory regulations on investment and others of relevant law;

c) With respect to a publicly-funded industrial park or the following phase in which the investor is the same as the one in the preceding phase, the decision on the investment policy, the approval of the investment policy and the certificate of investment registration may be granted after, in the preceding phase, the investor obtaining approval of the investment policy, the investment registration and investment project execution certificate acquires land leased or sub-leased for development of the industrial cluster as per clause 3 of Article 9 herein; and the minimum occupancy rate is 60%, or construction of infrastructure facilities is completed according to the planning scheme for construction of industrial parks approved by the competent authority. In such case, the investor in the preceding phase is preferred to proceed to make investment in the following phase, except where the tendering or bidding process is needed for selection of the qualified investor in accordance with law.

Article 9. Preconditions for investment in infrastructure facilities of industrial park projects

1. An industrial park project must satisfy planning requirements, and conform to the planning items and schemes as follows:

a) It is in line with regional or provincial planning schemes;

b) It appears on the list of industrial parks in provinces or centrally-affiliated cities, or is mentioned in the master plan for development of economic zones that has obtained approval from a competent authority if it is located within the boundaries of an economic zone;

c) It conforms to the planning scheme for construction of an industrial park that has been approved by a competent authority.

2. The industrial park project other than the one referred to in clause 3 of this Article must be subject to the investment phasing requirements if it falls into one of the following circumstances:

a) For any industrial park covering an area of more than 500 ha, it is developed in multiple phases in each of which no more than 500 ha land is used;

b) For any industrial park subject to the requirement of repurposing of the piece of paddy land covering an area of more than 200 ha which is intended for at least two cropping seasons in the Red River and Mekong River Delta regions, it is developed in multiple phases in each of which no more than 200 ha of such land is repurposed;

c) For any industrial park subject to the requirement of repurposing of the piece of paddy land covering an area of more than 150 ha which is intended for at least two cropping seasons in the North Central Coast, Central Coast and Southeast regions, it is developed in multiple phases in each of which no more than 200 ha of such land is repurposed;

d) For any industrial park subject to the requirement of repurposing of the piece of paddy land covering an area of more than 100 ha which is intended for at least two cropping seasons in the Northern Midland and Mountainous and Central Highland regions, it is developed in multiple phases in each of which no more than 100 ha of such land is repurposed.

3. For the industrial park attracting investment projects that help to create the industrial cluster, if total investment in these projects approximately equals at least USD 02 billion or VND 45,000 billion, no more than 1,000 ha of the land may be accepted for use to develop that industrial park in the first investment phase. In the subsequent investment phases (if any), regulations laid down in clause 2 herein shall apply.

4. At least 5 ha of industrial land or at least 3% of total industrial land of the industrial park (including land intended for industrial premises, office, storage yards or facilities) must be reserved for small and medium-sized enterprises; supporting industrial enterprises; innovative enterprises; beneficiaries of investment incentives stated in point e and g of clause 2 of Article 15 in the Law on Investment; other enterprises eligible for preferential treatment and aid concerning production and business premises under law on land lease and sublease. As an eco-industrial park, supporting industrial park, specialized industrial park or hi-tech industrial park, it shall not be subject to the investment requirements set out in this clause.

5. The industrial park must satisfy land repurposing requirements set out in law on land, legislation on forestry and other relevant regulatory provisions.

6. As reported on the date of submission of the pre-feasibility study report for the project on development of infrastructure facilities of an industrial park required by law on public investment, or the valid application for approval of the investment policy for the project on construction and business of infrastructure facilities of an industrial park required by law on investment, the average occupancy rate of industrial parks already established in the province or centrally-run city where the industrial park to be developed is located must be at least 60%, except in the following cases:

a) The investment in infrastructure facilities of the preexisting industrial park may be accepted if its operation is terminated; its Investment Registration Certificate, Investment Certificate, Investment Permit or others having equivalent validity under law on investment; or it is subject to the project cancellation decision issued in accordance with legislation on public investment;

b) The maximum total area of land intended for industrial parks built within that province or centrally-affiliated city must be 1,000 ha;

c) The project site of the industrial park must be located at the district on the list of local jurisdictions having access to investment incentives prescribed in law on investment or within the existing economic zone;

d) Investment in infrastructure facilities of the industrial park must be the same as the investment in an eco-industrial park, supporting industrial park, specialized industrial park or hi-tech industrial park that is prescribed herein;

dd) The industrial park project falls into the case specified in clause 8 of this Article.

7. The industrial park project must zone spaces for development of accommodation buildings, public service and utility facilities available for use by staff and workers of the single industrial park or the complex of industrial parks by the competent state agency’s consent according to law on housing and other relevant regulatory provisions.

8. Regarding investment in infrastructure facilities for an industrial park expanded from the preexisting industrial park, if such investment is made by the same investor or funded by public investment capital, the following requirements must be satisfied:

a) The preexisting industrial park reaches 60% in the occupancy rate, and has its environmental protection infrastructure that has already been developed and brought into operation under legislation on environmental protection; or has its infrastructure system that has been completely built according to the planning scheme for development of industrial parks already approved by the competent authority;

b) The expanded industrial park must be capable of being connected and having access to the preexisting industrial park;

c) Accommodation buildings, public service and utility facilities intended for staff and workers of the preexisting industrial park or complex of industrial parks have been completely built and put to use according to the planning scheme approved by the competent state agency as per clause 7 of this Article.

Article 10. Eligibility requirements of investors in projects on development and business of infrastructure facilities of industrial parks

1. An investor in an investment project on construction and business of infrastructure facilities of an industrial park must satisfy the following requirements:

a) Real estate business requirements set out in law on real property business;

b) Requirements for conformance to regulatory regulations on access to land allocated, leased or repurposed by the State for execution of investment projects on construction and business of infrastructure facilities of industrial parks under the regulatory provisions of law on land, legislation on forestry and other relevant ones.

If the investor in the investment project on construction and business of infrastructure facilities of the industrial park is an economic organization that a foreign investor intends to set up under law on investment and corporate law, that economic organization-to-be must be capable of satisfying the aforesaid requirements.

2. When there is the need for the bidding process to be carried out for investor selection, evaluation standards for selection of the investor qualified for implementation of an investment project on construction and business of infrastructure facilities of an industrial park shall comprise:

a) Competence evaluation standards which are set based on those requirements referred to in clause 1 of this Article;

b) Qualification and past performance evaluation standards which are set according to the investment size, progress and process of completion of investment projects on construction and business of infrastructure facilities of industrial parks and other real property projects which the candidate investor executed or made its equity participation in; of which any project owner, founding member and shareholder is an institutional entity of the candidate investor that executed or made their equity contribution in these projects;

c) Technical evaluation standards which are set according to the Decisions on approval of the planning schemes for construction of industrial parks, the Decisions on approval of investment policies for implementation of investment projects on construction and business of infrastructure facilities of industrial parks of competent authorities and other relevant regulatory provisions;

d) Finance - business evaluation standards which are set according to the Decisions on approval of investment policies for implementation of investment projects on construction and business of infrastructure facilities of industrial parks of competent authorities and other regulatory provisions related to selection of investors qualified for implementation of investment projects using land.

Article 11. Adjustment to investment projects on construction and business of infrastructure facilities of industrial parks

1. In the investment process, the investor may make adjustments to the investment project on construction and business of infrastructure facilities of an industrial park.

2. Conditions, processes and procedures for adjustment to the investment project on construction and business of infrastructure facilities of an industrial park shall be subject to legislation on investment and the following regulatory provisions:

a) Written application for adjustment to the investment project made in accordance with law on investment must contain explanations about conformance to the regulatory provisions of clause 3 of this Article;

b) Items of the adjustment to the investment policy to be reviewed shall include those stipulated in legislation on investment and conformance to the respective conditions specified in clause 3 of this Article (if any).

3. Investment projects on construction and business of infrastructure facilities of industrial parks may decrease in their dimensional scale and shall not be required to make any adjustment to the plan for development of the network of industrial parks according to law on planning if they fall into the following circumstances:

a) Compensation and site clearance lasts longer than expected, affects investment performance and progress;

b) The planning scheme for construction of an industrial park is adjusted to reserve the space for development of accommodation, public service and utility facilities for its workers and employees in accordance with clause 9 of Article 77 in the Law on Investment;

c) The dimensional size of an industrial park may be decreased in order to lower the risk of environmental pollution causing adverse impact on the life of people living near the industrial park;

d) This circumstance occurs due to the adjustment to the planning scheme under law on planning.

Article 12. Renaming of an industrial park

People’s Committees of provinces shall be accorded authority to decide to change the names of industrial parks on the list of industrial parks located in provinces or centrally-affiliated cities upon the request of the Industrial Park and Economic Zone Authorities or the investors executing investment projects on construction and business of infrastructure facilities of industrial parks.

Article 13. Transformation from industrial parks into urban – service zones

1. Conditions for transformation from an industrial park into an urban – service zone, including:

a) Conform to the provincial or urban development planning scheme of the centrally-affiliated city and province where such transformation occurs;

b) The industrial park to be transformed is the one located within the urban area of a special-category city, central category-I city and provincial category-I city;

c) The minimum period from its establishment date to the date of consideration of transformation must be 15 years or half (1/2) of the permissible life of the industrial park to be transformed;

d) Such transformation is agreed upon by the investor executing the investment project on construction and business of infrastructure facilities of the industrial park to be transformed and more than two-thirds (2/3) of businesses of the industrial park to be transformed, except in the following cases: The investment project's life prescribed in law on investment expires; the investment project does not meet statutory requirements for extension of the land sub-lease under the regulatory provisions of law on land and civil legislation; the investment project causes serious environmental pollution to the extent that its relocation is needed as per law on environmental protection;

dd) Such transformation proves socio-economic and environmental effectiveness.

2. Request documentation requirements for transformation from an industrial park into an urban – service zone, including:

a) The full text of the proposal to transform the industrial park into the urban - service zone that contains the following information: Legal basis and necessity of transformation from the industrial park into the urban – service zone; assessment and interpretation of possibilities of conformance to the conditions specified in clause 1 of this Article (enclosing relevant documents); relocation, compensation, site clearance and fund mobilization plans; recommendations about dedicated solutions, regulatory mechanisms and policies (if any) and implementation thereof;

b) Transmittal form of the provincial People’s Committee that requests the transformation from the industrial park into an urban – service zone;

c) Application documents made into 10 sets, including at least 02 original sets thereof (01 original set submitted to the Prime Minister) and 09 sets submitted to the Ministry of Planning and Investment for the purpose of review prescribed in clause 3 and 4 of this Article.

3. Processes and procedures for review of transformation from an industrial park into an urban – service zone:

a) Within the maximum duration of 03 working days of receipt of all required request documents prescribed in clause 2 of this Article, the Ministry of Planning and Investment sends consultation request documentation to the Ministry of Natural Resources and Environment, the Ministry of Construction and other relevant state authorities;

b) Where request documentation for transformation fails to meet the regulations laid down in Article 2 hereof, the Ministry of Planning and Investment advises the provincial People’s Committee of such failure in writing in order to request it to revise the submitted documents. The document revision period shall not be included in the review time;

c) Within 15 days of receipt of consultation request documents prescribed in point a of this clause, the consulted agency gives its comments on items falling within its remit and sends them to the Ministry of Planning and Investment;

d) Within 45 days of receipt of all required application documents, the Ministry of Planning and Investment conducts the review of the request documentation for transformation and prepares the review report including the information specified in clause 4 of this Article for submission to the Prime Minister to seek his decision on approval of the transformation from the industrial park into the urban – service zone.

Where necessary, the Ministry of Planning and Investment can set up the Review Council or organize a meeting with other relevant state authorities and the People’s Committee of the province where the project is located to clarify concerned issues.

4. The items subject to the review of transformation from the industrial park into the urban - service zone shall include:

a) Legal basis and necessity of transformation from the industrial park into the urban – service zone;

b) Assessment of conformance to the conditions specified in clause 1 of this Article;

c) Assessment of feasibility of the relocation, compensation, site clearance and fund mobilization plan;

d) Assessment of particular solutions, regulatory mechanisms or policies (if any) and implementation thereof.

5. Transformation from the industrial park into the urban – service zone that is stipulated in this Article may affect a part or the whole of the industrial park.

6. After receipt of the Prime Minister’s decision on transformation of the whole or part of the area of the industrial park into the urban – service zone, the investor in the industrial park infrastructure project, the investor executing the investment project on construction and business of infrastructure facilities of the industrial park shall follow the processes and procedures for adjustment to the project under law on public investment, law on investment and other regulatory provisions of relevant legislation. Nominating the investor qualified for implementing the project on development of the urban - service zone shall be subject to the regulations of law on investment, bidding, land, housing, real property business and other regulatory provisions of relevant legislation.

Section 2. ESTABLISHMENT, EXPANSION AND CHANGE OF BOUNDARIES OF ECONOMIC ZONES

Article 14. Establishment of an economic zone

1. An economic zone is classified into a coastal economic zone, bordergate economic zone and specialized economic zone (hereinafter referred to as economic zone).

2. An economic zone can be established if the following conditions are satisfied:

a) The economic zone-to-be must conform to the provincial or regional development plan; must be on the list of economic zones in a province and centrally-affiliated city;

b) The economic zone-to-be has capabilities of mobilizing resources intended for investment in construction of technical utility and social infrastructure facilities of the economic zone and development of the production and business sector;

c) The economic zone-to-be must prove its socio-economic efficiency;

d) The economic zone-to-be must ensure conformance to environmental protection conditions specified in law on environmental protection;

dd) The economic zone-to-be must ensure conformity with national defence and security requirements.

3. Documentation requirements, processes and procedures for establishment of an economic zone shall be subject to the corresponding regulations laid down in Article 15 and 16 herein.

Article 15. Documentation requirements for establishment of an economic zone

1. The project on establishment of an economic zone under the control of the provincial People’s Committee must contain the followings:

a) Legal basis for and necessity of establishment of that economic zone;

b) Evaluation of the current state, geographical, natural, resource and socio-economic factors and conditions, comparative advantages and disadvantages of the area to be developed into an economic zone in comparison to others nationwide;

c) Assessment and interpretation of capabilities of satisfying the conditions for establishment of the economic zone that are prescribed in clause 2 of Article 14 herein (enclosing relevant documents);

d) The proposed plan for development of an economic zone shall contain the followings: developmental objectives, dimensional scale, features and functions of the economic zone; developmental orientations of sectors and industries; plan for spatial development and development of functional sections inside the economic zone; investment, construction and development plan and schedule of the economic zone;

dd) Recommended solutions and implementation thereof;

e) Representation of the plan for establishment of the economic zone on the map at scale 1:10.000 - 1:25.000.

2. Transmittal form submitted to the Prime Minister by the provincial People’s Committee for proposal for establishment of the economic zone.

3. Such documentation shall be made into 10 sets, comprising at least 02 original ones (01 original set submitted to the Prime Minister) and 09 sets submitted to the Ministry of Planning and Investment for evaluation purposes as prescribed in Article 16 hereof.

Article 16. Processes and procedures for establishment of an economic zone

1. Within 03 working days of receipt of all required application documents prescribed in Article 15 hereof, the Ministry of Planning and Investment sends documents on consultation with relevant state authorities.

2. Where such consultation documentation fails to meet the regulations laid down in Article 15 hereof, the Ministry of Planning and Investment advises the provincial People’s Committee of such failure in writing in order to request it to revise such submitted documents. Period of such supplementation or revision shall not be included in the review time.

3. Within the maximum duration of 20 working days of receipt of consultation documentation prescribed in clause 1 of this Article, the consulted agency gives its comments about items falling within its remit and sends them to the Ministry of Planning and Investment.

4. Within 45 days of receipt of all required application documents, the Ministry of Planning and Investment prepares the review report including the information specified in clause 5 of this Article for submission to the Prime Minister to seek his decision on approval of establishment of the economic zone.

Where necessary, the Ministry of Planning and Investment can set up the Review Council or organize a meeting with other relevant state authorities and the People’s Committee of the province where the project is located to clarify concerned issues.

5. The items subject to the pre-approval review of establishment of an economic zone shall include:

a) Legal basis for and necessity of establishment of that economic zone;

b) Assessment of conformance to the establishment conditions specified in clause 2 of Article 14 herein;

c) Assessment of the orientation for development of the economic zone;

d) Assessment of solutions and implementation thereof.

Article 17. Expansion of an economic zone

1. Economic zone expansion refers to an increase in the dimensional scale of the preexisting economic zone with the expanded area of which boundaries are adjacent or near and can be connected or have access to infrastructure facilities of the preexisting economic zone in order to promote the growth potentiality and pervasive influence of the economic zone to be expanded.

2. An economic zone can be expanded if the following conditions are satisfied:

a) The conditions prescribed in clause 2 of Article 14 herein must be satisfied;

b) All infrastructure facilities of the economic zone to be expanded have been completely built according to the master plan for construction of the economic zone that is approved by the competent authority;

c) At least 70% of area of land in the economic zone to be expanded have been allocated or leased out to organizations or individuals for project execution purposes.

3. Documentation requirements for expansion of an economic zone, including:

a) The full text of the project on expansion of the economic zone, including the following information: legal basis, necessity of expansion and expanded sections; evaluation of the current state, geographical, natural, resource and socio-economic conditions, comparative advantages and disadvantages of the area to be expanded in comparison to others nationwide; assessment and interpretation of conformance to the conditions specified in clause 2 of this Article (enclosing relevant written documents); proposed plan for development of the expanded economic zone, including: developmental objectives, dimensional scale, features and functions of the economic zone; orientation for development of sectors and industries; plan for spatial development and development of functional sections within the economic zone; investment, construction and development plan and schedule of the economic zone; recommended solutions and implementation thereof; representation of the plan for expansion of the economic zone on the map at 1:10,000 - 1:25,000 scale;

b) Transmittal form submitted to the Prime Minister by the provincial People’s Committee for request for expansion of the economic zone;

c) Application documents for expansion made into 10 sets, including at least 02 original sets thereof (01 original set submitted to the Government) and 09 sets thereof submitted to the Ministry of Planning and Investment for the purpose of review prescribed in clause 4 and 5 of this Article.

4. Processes and procedures for expansion of an economic zone:

a) Within 03 working days of receipt of all required application documents prescribed in clause 3 of this Article, the Ministry of Planning and Investment sends documents on consultation with relevant state authorities;

b) Where request documentation for expansion fails to meet the regulations laid down in Article 3 hereof, the Ministry of Planning and Investment advises the provincial People’s Committee of such failure in writing in order to request it to revise the submitted documents. The document revision period shall not be included in the review time;

c) Within 20 days of receipt of consultation request documents prescribed in point a of this clause, the consulted agency gives its comments on items falling within its remit and sends them to the Ministry of Planning and Investment;

d) Within 45 days of receipt of all required application documents, the Ministry of Planning and Investment prepares the review report including the information specified in clause 5 of this Article for submission to the Prime Minister to seek his decision on approval of expansion of the economic zone.

Where necessary, the Ministry of Planning and Investment can set up the Review Council or organize a meeting with other relevant state authorities and the People’s Committee of the province where the project is located to clarify concerned issues.

5. The items subject to the pre-approval review of expansion of an economic zone shall include:

a) Legal basis for and necessity of expansion of the economic zone;

b) Assessment of conformance to the conditions for expansion of the economic zone specified in clause 2 of this Article;

c) Assessment of the orientation for development of the economic zone;

d) Assessment of solutions and implementation thereof.

Article 18. Resizing of boundaries of an economic zone

1. Resizing of an economic zone is any change in size of geographical boundaries of the preexisting economic zone that takes place within a commune or from this commune to the other in the same district if total area of land of the economic zone does not vary by more than 10% and the district where the project site of the resized economic zone is located does not change.

2. The resizing of boundaries of the economic zone may be allowed in the following cases:

a) The resizing occurs due to any change in the national, regional, provincial or other relevant planning schemes that has effects on the developmental orientation of the economic zone;

b) The resizing is required if the dimensional size of the economic is decreased in comparison to that of the preexisting economic zone;

c) The resizing is needed if the dimensional size of the economic zone is increased in comparison to that of the preexisting one by no more than 10% in order to reserve more space for the immense development and pervasive influence of prioritized sectors and industries of the economic zone.

Article 19. Application documents for resizing of boundaries of an economic zone

1. The project on resizing of an economic zone under the control of the provincial People’s Committee must contain the followings:

a) Legal basis for and necessity of and affected sections of the economic zone to be resized;

b) Evaluation of the current construction and development condition of the preexisting economic zone;

c) Assessment and interpretation of capabilities of satisfying the conditions for resizing of the economic zone that are prescribed in point b, c, d and dd of clause 2 of Article 14 and 18 herein (enclosing relevant documents);

d) Proposed plan for development of the resized economic zone shall contain the followings: developmental objectives, dimensional scale, features and functions of the economic zone; developmental orientations of sectors and industries; plan for spatial development and development of functional sections inside the economic zone; investment, construction and development plan and schedule of the economic zone;

dd) Recommended solutions and implementation thereof;

e) Representation of the plan for resizing of the economic zone on the map at scale 1:10,000 - 1:25,000.

2. Transmittal form submitted to the Prime Minister by the provincial People’s Committee for request for resizing of boundaries of the economic zone.

3. Such documentation shall be made into 10 sets, comprising at least 02 original ones (01 original set submitted to the Prime Minister) and 09 sets submitted to the Ministry of Planning and Investment for evaluation purposes as prescribed in Article 20 hereof.

Article 20. Processes and procedures for resizing of boundaries of an economic zone

1. Within 03 working days of receipt of all required application documents prescribed in Article 19 hereof, the Ministry of Planning and Investment sends documents on consultation with relevant state authorities.

2. Where such consultation documentation fails to meet the regulations laid down in Article 19 hereof, the Ministry of Planning and Investment advises the provincial People’s Committee of such failure in writing in order to request it to revise such submitted documents. Period of such supplementation or revision shall not be included in the review time.

3. Within 15 days of receipt of consultation documentation, the consulted agency gives its comments about items falling within its remit and sends them to the Ministry of Planning and Investment.

4. Within 40 days of receipt of all required application documents, the Ministry of Planning and Investment prepares the review report including the information specified in clause 5 of this Article for submission to the Prime Minister to seek his decision on approval of such resizing.

Where necessary, the Ministry of Planning and Investment can set up the Review Council or organize a meeting with other relevant state authorities and the People’s Committee of the province where the project is located to clarify concerned issues.

5. The items subject to the pre-approval review of resizing of an economic zone shall include:

a) Legal basis for and necessity of the resizing of the economic zone;

b) Assessment of conformance to the conditions for resizing of the economic zone that are prescribed in point b, c, d and dd of clause 2 of Article 14 and 18 herein;

c) Assessment of the proposed plan for development of the resized economic zone;

d) Assessment of solutions and implementation thereof.

Article 21. Authority to establish, expand and resize the boundaries of an economic zone

1. The Prime Minister shall issue the decision on establishment, expansion and resizing of the economic zone.

2. The economic zone is divided into functional sites. The dimensional size, location and features of each functional site shall be defined in the master planning scheme for construction of the economic zone which is subject to the Prime Minister’s approval decision issued in accordance with law on construction.

3. Where the economic zone after being resized varies by no more than 1% and 200 ha in comparison to the dimensional size of the preexisting economic zone, the Prime Minister may approve the master planning scheme for construction of economic zones without requiring the economic zone to be resized to change its boundaries. The dimensional size, boundaries and location of the economic zone shall be subject to the master planning scheme for construction of economic zones approved by the Prime Minister.