Chương IV Nghị định 35/2022/NĐ-CP về quản lý khu công nghiệp và khu kinh tế: Một số loại hình khu công nghiệp và khu công nghiệp - đô thị - dịch vụ

Chapter IV

SEVERAL TYPES OF INDUSTRIAL PARKS AND INDUSTRIAL – URBAN – SERVICE ZONES

Section 1. GENERAL PROVISIONS

Article 31. Development of supporting industrial parks, specialized industrial parks, eco-industrial parks, hi-tech industrial parks

1. Entities and persons may be entitled to the State incentives and support measures to invest in establishment of new industrial parks, transformation from the whole or part of existing industrial parks into supporting industrial parks, specialized industrial parks, eco-industrial parks or hi-tech industrial parks under the regulatory provisions of this Decree.

2. Investment projects on construction and business of infrastructure facilities and investment projects located inside of a supporting industrial park, specialized industrial park, eco-industrial park or hi-tech industrial park may enjoy incentives specific to localities, trades or industries, or incentives intended for projects on investment in industrial parks under law on investment and other regulatory provisions of relevant legislation, and may be given support in the form of facilitation of completion of administrative procedures, engineering consultancy, investment promotion and provision of investment cooperation information in accordance with this Decree.

Section 2. SUPPORTING INDUSTRIAL PARKS, SPECIALIZED INDUSTRIAL PARKS AND HI-TECH INDUSTRIAL PARKS

Article 32. Incentive policies for development of supporting industrial parks, specialized industrial parks and hi-tech industrial parks

1. Incentive policies granted to investment projects on construction and business of infrastructure facilities of supporting industrial parks, specialized industrial parks and hi-tech industrial parks, even including sections thereof, shall comprise the followings:

a) Land rent exemption or reduction granted in accordance with legislation on land;

b) Priority to have access to the State-offered investment loans and receive other funds mobilized in other forms under the provisions of law on enterprises, credit and other relevant legislation;

c) Eligibility for being entered or registered on the list of investment-attracting projects.

2. Incentive policies applicable to investment projects on manufacturing of products of the supporting industry; investment projects eligible for investment incentives referred to in law on investment inside the perimeter of supporting industrial parks, specialized industrial parks and hi-tech industrial parks shall comprise the followings:

a) Incentives related to corporate income tax, customs duties, and other preference, as prescribed in law on taxes, development of the supporting industry, high technology and other relevant legislation;

b) In cases where products on the list of supporting industrial products entitled to preference as prescribed in legislation on development of the supporting industry, they shall be given facilitation of implementation of procedures for validation of preference within the maximum duration of 30 days;

c) Priority to participate in personnel training and development, startup assistance, small and medium-sized enterprise support and other programs implemented by state regulatory authorities.

3. Investment projects on construction and business of infrastructure facilities of industrial parks must satisfy the following conditions:

a) Investors executing investment projects on construction and business of infrastructure facilities of industrial parks must register the scope of business involving attraction of investment in respective types of industrial park, including supporting industrial parks, specialized industrial parks or hi-tech industrial parks;

b) Percentage of industrial land intended for investment projects on industrial parks falling within the field of investment attraction activities which is calculated according to regulations laid down in point a of this clause must meet the regulations corresponding to specific types of industrial parks prescribed in clause 3, 4 and 6 of Article 2 herein;

c) Those referred to in point a and b of this clause and specific types of industrial parks, including supporting industrial parks, specialized industrial parks and hi-tech industrial parks, need to be stated in investors’ specific commitments in dossiers on investment projects on construction and business of infrastructure facilities of industrial parks.

4. Competent authorities shall define categories of industrial park, including supporting industrial parks, specialized industrial parks and hi-tech industrial parks, in investment policy decisions and investment registration certificates under the regulatory provisions of law on investment before taking inspection and supervision actions.

Section 3. INDUSTRIAL – URBAN - SERVICE ZONES

Article 33. Development of industrial – urban – service zones

1. An industrial – urban – service zone encompasses functional sections intended for development of industrial parks, urban and service zones. Amongst these sections, industrial parks play the key role; urban and service zones play the supporting role, providing services, public or social utilities or amenities for normal operation of industrial parks.

2. An urban and service zone enclose housing, educational, training and research institutions; healthcare facilities; sports and culture centers and parks; commercial buildings; service centers and other structures.

3. An industrial – urban – service zone shall have the synchronous system of technical and social infrastructure facilities in order to ensure the effective and sustainable socio-economic development and environmental protection.

4. Investment incentives intended for industrial – urban – service zones shall stick to the following principles:

a) Investors in investment projects on construction and business of infrastructure facilities of industrial – urban – service zones must keep independent accounts of expenses and revenues arising from production and business activities of functional zones thereof;

b) Functional zones may be given investment incentives regarding corporate income tax, customs duties, land rent exemption and relief, and other investment incentives as prescribed in relevant regulations on types of functional zones laid down in law on taxes, land and other relevant legislation;

c) Manufacturers and businesses in an industrial park of an industrial – urban – service zone shall be entitled to investment incentives intended for industrial parks under the provisions of this Decree and other regulatory provisions of relevant law. Manufacturers and businesses in other functional sections of an industrial – urban – service zone shall be entitled to investment incentives prescribed in law applied according to types of functional sections.

Article 34. Preconditions for investment in industrial – urban – service zones

1. Satisfy the respective preconditions for consideration of acceptance of the investment policy for investment projects on construction and business of infrastructure facilities of industrial parks that are referred to in Article 9 and 10 herein.

2. The area intended for construction of an urban and service zone must conform to the following conditions:

a) Conform to the provincial or urban development planning scheme of the centrally-affiliated city and province where it will be located;

b) The dimensional measurement of that area can accommodate the needs concerning provision of public services and utilities of the industrial park and must not exceed one-third (1/3) of the dimensional size of that industrial park.

3. Investment projects attracted to the industrial park are not classified as Grade-I and Grade-II ones on the list of production, business and service sectors posing potential risk of environmental pollution under legislation on environmental protection.

Article 35. Processes and procedures for investment in industrial – urban – service zones

1. Processes and procedures for investment in a project on construction and business of infrastructure facilities of an industrial – urban – service zone shall be subject to legislation on investment and other regulatory provisions of relevant law.

2. In order to carry out separate investment projects on construction and business of infrastructure facilities of specific functional sections of an industrial – urban – service zone, the investor in each functional section must follow the processes and procedures the same as those for implementation of projects under law on investment and other regulatory provisions of relevant legislation.

3. The investor executing an investment projects on construction and business of infrastructure facilities of an industrial park of the industrial – urban – service zone already obtaining consent to the investment policy, the investment policy decision, the investment registration certificate, the investment certificate, the investment license or other equivalent under law on investment must be preferred as the investor designated to execute the investment project on development of the urban - service zone if they are rated as the one satisfying expertise and qualification requirements after completion of the pre-selection assessment of the investor.

4. After completing the investment procedures stated in the investment law and this Decree, construction and management of functional sections of an industrial – urban – service zone shall be subject to respective regulatory provisions related to specific functional sections.

Section 4. ECO-INDUSTRIAL PARKS

Article 36. Support policies for and cooperation on development of eco-industrial parks

1. Provincial People’s Committees shall issue the following policies:

a) Support for construction of new technical and social infrastructure facilities inside and outside the perimeter of the existing industrial park; renovation, upgradation, reconstruction and repair thereof, in order to build connection to enterprises inside the industrial park and assist them in development of the industrial symbiosis and transformation into the eco-industrial park;

b) Support for investment in construction of the new eco-industrial park and attraction of investments in the eco-industrial park;

c) Scientific, engineering, technology transfer assistance aimed at helping enterprises of the industrial park improve procedures for management and operation of their system, renovation of new manufacturing technologies in the expectation of reducing sources of pollution, recycling raw materials, input materials, water, energy, waste, scrap and effectively using resources.

2. Cooperation on construction of an eco-industrial park

a) Enterprises of the industrial park may cooperate with one another on the common use of technical, social infrastructure facilities, services, raw materials, input materials or other input factors for production purposes; reuse of raw materials, input materials, water, excess energy, waste and by-products of their own and other enterprises inside the industrial park with a view to reducing costs and improving performance and competitiveness;

b) Enterprises of the industrial park may cooperate with third parties to develop the industrial symbiosis. The third party may be an investor executing an investment project on construction and business of infrastructure facilities of the industrial park or any other enterprise that provides infrastructure facilities or services needed for development and implementation of the industrial symbiosis;

c) Participating parties shall arbitrarily agree on the form of cooperation and share interests and expenses under civil law.

3. The industrial park and economic zone authority can authorize a public service unit under its control or another appropriate unit to perform the functions of developing and providing resource efficiency and cleaner production information or data; can propose solutions and connections with enterprises to carry out the industrial symbiosis; can provide services assisting in transformation into an eco-industrial park or construction of the new one.

4. Agencies, organizations and investors may be encouraged to develop and provide resource efficiency and cleaner production information or data accessible to industrial parks in order to support enterprises of industrial parks and establish connections with them to carry out the industrial symbiosis.

5. Industrial park and economic zone authority shall lead and cooperate with relevant agencies in developing and providing resource efficiency and cleaner production information and data at localities in order to certify, monitor, supervise and measure performance of eco-industrial parks and eco-businesses; input fully-updated, timely and accurate relevant information into local systems for information about local industrial parks and economic zones, and the national system for information about industrial parks and economic zones.

Article 37. Criteria for identification of eco-industrial parks

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

a) Comply with regulatory provisions of law on investment, law on enterprises, law on construction, law on land, law on environmental protection and law on labor within 03 years before the date of registration for certification of the eco-industrial park;

b) Provide all basic services needed to be in place at industrial parks under law, including essential basic amenities (e.g., electricity, water, information, fire prevention and control, wastewater treatment, others), relevant services and services intended to support enterprises inside industrial parks in carrying out the industrial symbiosis;

c) Formulate and carry out the mechanism for cooperation on input and output supervision related to use of ingredients, materials, water, energy, chemicals, waste and by-products at the industrial park; prepare the annual review report on results achieved during the process of efficient consumption of resources, cleaner production and supervision of emissions of the industrial park for submission to the industrial park and economic zone authority;

d) Every year, submit the report on conformance to regulations on environmental protection and social corporate responsibility to surrounding communities for submission to the industrial park and economic zone authority and publish it on websites of enterprises at the industrial park.

2. Enterprises operating at an industrial park must meet the following criteria:

a) Comply with regulatory provisions of law on investment, law on enterprises, law on construction, law on land, law on environmental protection and law on labor within 03 years before the date of registration for certification of the eco-industrial park;

b) Perform at least one industrial symbiosis in which participating enterprises at the industrial park must apply production and environment management system according to corresponding ISO (International Organization for Standardization) standards;

c) At least 20% of enterprises at the industrial park that apply resource efficiency and cleaner production solutions show their achievements in the efficient use of ingredients, materials, water, energy, chemicals, waste or by-products and reduction of environmental emissions.

3. The industrial park must meet the following criteria:

a) Total area of land intended for tree planting, traffic and development of public technical utilities and social infrastructure must account for at least 25% of that as expected according to the planning scheme for construction of industrial parks approved by the competent regulatory authority according to the national technical regulations for construction planning;

b) Solutions to providing dwellings, public services and utilities for employees working in the industrial parks must be available in use.

Article 38. Construction of new eco-industrial parks

1. The Government of Vietnam shall encourage investments in construction of new eco-industrial parks by taking such actions as formulating proper construction planning schemes and zoning plans, and shall plan to attract investment projects in the corresponding sectors and industries as a way to support the implementation of the industrial symbiosis.

2. An investment project on construction and business of infrastructure facilities of an eco-industrial park must satisfy the following requirements:

a) The investor executing an investment project on construction and business of infrastructure facilities of an eco-industrial park must register sectors and industries in which investments in the industrial park are permitted; must estimate emission levels specific to sectors and industries; must propose the industrial symbiosis plan, the plan for formulation and implementation of the mechanism for input and output supervision in the industrial park concerning the use of ingredients, materials, water, energy, chemicals, waste, by-products, and the social corporate responsibility plan towards the surrounding community in the dossier on that investment project; must make its commitment to meeting the criteria for identification of eco-industrial parks specified in Article 37 of this Decree within 08 years from the date on which the industrial park is established and the commitment schedule is clearly arranged;

b) It must be registered as an eco-industrial park in the competent authority’s investment policy decision or investment registration certificate under the regulatory provisions of law on investment. This will help in case of any examination, inspection or audit that may occur.

Article 39. Incentives granted to eco-industrial parks and eco-businesses

1. Investment projects on construction and business of infrastructure facilities of industrial parks may be entitled to incentive policies specified in clause 1 of Article 32 herein.

2. Investors executing investment projects on construction and business of infrastructure facilities of eco-industrial parks and eco-businesses may be preferred to take out loans from Viet Nam Environment Protection Fund, Vietnam Development Bank, Small and Medium Enterprise Development Fund and other domestic and international funds and donators; to be granted green credit at credit institutions, foreign bank branches in Vietnam under law on environmental protection and other regulatory provisions of relevant legislation; to receive permission to issue green bonds under law on issuance of bonds, law on environmental protection to serve the purpose of building technical infrastructure facilities of eco-industrial parks, implementing cleaner production approaches, effectively using resources and industrial symbiosis.

3. Investors executing investment projects on construction and business of infrastructure facilities of eco-industrial parks and eco-businesses shall be given preference in participation in technical assistance and investment promotion programs hosted by state regulatory authorities.

4. Enterprises operating at eco-industrial parks shall be given preference in providing information related to the technology market and possibility of cooperating in effecting industrial symbioses within their scope of business.

5. Eco-industrial parks or eco-businesses shall be given incentives as provided in clause 1, 2, 3 and 4 of this Article and other regulatory provisions of relevant law from the date on which they are certified by the competent state authorities as eco-industrial parks or eco-businesses.

Article 40. Certification as eco-industrial parks or eco-businesses

1. Industrial parks that meet the criteria specified in Article 37 herein may be granted the Certificate of eco-industrial park by provincial People's Committees.

2. Eco-businesses at eco-industrial parks that participate in activities and meet the criteria specified in clause 2 of Article 37 herein may be granted the eco-business certificate by the Industrial Park and Economic Zone Authority.

3. Ministry of Planning and Investment shall provide instructions about the documents specified in clause 2 of Article 41, clause 2 of Article 42, clause 1 and 2 of Article 43 and the Certificate of eco-industrial park and the Certificate of eco-business.

Article 41. Application processes, procedures and documentation requirements for certification for eco-industrial parks

1. Investors executing investment projects on construction and business of infrastructure facilities of industrial parks shall prepare 06 application packages for certification for eco-industrial parks for submission to industrial park and economic zone authorities.

2. Each application package shall consist of the followings:

a) Registration form for certification for an eco-industrial park;

b) Report on performance and investment attraction results of an industrial park;

c) Assessment and interpretation of capabilities of satisfying the criteria for identification of an eco-industrial park specified in Article 37 herein (enclosing relevant documents);

d) Other documents related to the industrial park (if any).

3. Within 03 working days of receipt of the sufficient application package, the industrial park and economic zone authority submits written documents on consultation with the Ministry of Planning and Investment, the Ministry of Natural Resources and Environment, the Ministry of Industry and Trade and the Ministry of Construction.

4. Within 15 working days of full receipt of the aforesaid consultation request documents, the consulted agency makes their comments on conformance to the criteria for identification of eco-industrial parks stated in Article 37 herein.

5. Within 40 working days of full receipt of the submitted documents, the industrial park and economic zone authority conducts the review of these submitted documents and makes their evaluation report on conformance to the criteria for identification of eco-industrial parks stated in Article 37 herein.

During the review process, the industrial park and economic zone authority can consult with authorized, assigned bodies or units or those meeting the conditions for provision of consultancy, assessment and certification services with respect to the efficient use of resources and cleaner production under law.

6. When obtaining satisfactory assessment results, the industrial park and economic zone authority reports to the provincial People’s Committee to grant the Certificate of eco-industrial park to the investor executing the investment project on construction and business of infrastructure facilities of industrial parks.

7. Upon receipt of unsatisfactory assessment results, within 03 working days after such receipt, the industrial park or economic zone authority shall be responsible for notifying these results in writing to the applicant enterprise and giving clear explanations for such results.

Article 42. Application processes, procedures and documentation requirements for certification for eco-businesses

1. Each enterprise located at an eco-industrial park prepares 05 application packages for certification for the eco-business to the industrial park and economic zone authority.

2. Each application package shall consist of the followings:

a) Registration form for certification for an eco-business;

b) Report on performance of an enterprise entering in the eco-industrial park;

c) Assessment and interpretation of capabilities of satisfying the criteria for identification of an eco-business specified in clause 2 of Article 37 herein (enclosing relevant documents);

d) Other documents related to corporate environmental and social responsibility (if any).

3. Within 03 working days of receipt of the sufficient application package, the industrial park and economic zone authority files written consultation request documents to the Department of Natural Resources and Environment, the Department of Science and Technology, the Department of Industry and Trade, and the Department of Construction of the province where the applicant enterprise is operating.

4. Within 07 working days of full receipt of the submitted documents, the consulted agency makes their comments on conformance to the criteria for identification of eco-industrial parks stated in clause 2 of Article 37 herein.

5. Within 20 working days of full receipt of the submitted documents, the industrial park and economic zone authority conducts the review of these submitted documents and makes their assessment report on conformance to the criteria for identification of eco-businesses stated in clause 2 of Article 37 herein.

6. Upon receipt of the satisfactory assessment results, the industrial park and economic zone authority grants the Certificate of eco-business to the applicant enterprise.

7. Upon receipt of the unsatisfactory assessment results, within 03 working days after such receipt, the industrial park or economic zone authority shall be responsible for notifying these results in writing to the applicant enterprise and giving clear explanations for such results.

Article 43. Monitoring, supervision and evaluation of effectiveness in development of eco-industrial parks or eco-businesses

1. Every year, investors executing investment projects on construction and business of infrastructure facilities of eco-industrial parks prepare evaluation reports on their performance towards development of eco-industrial parks for submission to industrial park and economic zone authorities for their monitoring and supervision of the followings:

a) Progress, performance and maintenance of the efficient consumption of resources and cleaner production of enterprises entering industrial parks and achievements;

b) Progress and performance of industrial symbiosis, achievements and enterprises newly participating in the industrial symbiosis (if any);

c) Performance toward the efficient consumption of ingredients, materials, water, energy, chemicals and reduction in emissions of the industrial park.

2. Every year, eco-businesses shall prepare reports on progress, performance and maintenance of the efficient consumption of resources and cleaner production; progress and performance toward the industrial symbiosis; achievements from the efficient use of ingredients, materials, water, energy, chemicals and reduction in emissions for submission to investors executing investment projects on construction and business of infrastructure facilities of industrial parks, and industrial park and economic zone authorities, for their monitoring and supervision purposes.

3. Results of the monitoring, supervision and evaluation of effectiveness in development of eco-industrial parks and eco-businesses serve as the precondition for provincial People's Committees, and industrial park and economic zone authorities, to consider re-issuing, revoking or invalidating the Certificate of eco-industrial park or the Certificate of eco-business.

4. Measuring the economic, social and environmental effectiveness of eco-industrial parks and eco-businesses shall be based on data and information obtained from the national system of information about industrial parks and economic zones as per clause 3 of Article 47 herein.

Article 44. Annulment and withdrawal of Certificates of eco-industrial parks or eco-businesses

1. The Certificate of eco-industrial park or the Certificate of eco-business shall be annulled and withdrawn in one of the following cases:

a) The eco-industrial park or eco-business holding such Certificate violates regulatory provisions on investment, construction, land, environment and relevant legislation on industrial parks and enterprises at industrial parks;

b) Based on monitoring or supervisory opinions of the industrial park and economic zone authority, it is concluded that the eco-industrial park or the eco-business fails to meet the criteria for identification of eco-industrial parks or eco-businesses referred to in Article 37 herein;

c) The annulment of the Certificate of eco-industrial park or the Certificate of eco-business may occur as requested in writing by the investor executing the investment project on construction and business of infrastructure facilities of eco-industrial parks or eco-businesses.

2. Competent state authorities issuing the Certificate of eco-industrial park or the Certificate of eco-business shall send the written notification of the annulment and withdrawal of the Certificate of eco-industrial park or the Certificate of eco-business falling into the cases specified in clause 1 of this Article to the investor executing the investment project on construction and business of infrastructure facilities of the industrial park or enterprise that has already been certified and relevant agencies.

Article 45. Renewal of certification of eco-industrial parks or eco-businesses

1. The Certificate of eco-industrial park or the Certificate of eco-business may be renewed after five years if the industrial park and enterprise applying for such renewal continues to meet the criteria for identification of eco-industrial parks and eco-businesses specified in Article 37 herein.

2. Application package for renewal of the certificate of eco-industrial park or eco-business shall be subject to clause 2 of Article 41 and clause 2 of Article 42 herein, respectively.

3. Provincial People’s Committees shall grant the renewed certificate of eco-industrial park according to application package for renewal of the eco-industrial park; the annual supervisory and assessment report of progress in development of the eco-industrial park and conformance to the criteria for identification of the eco-industrial park at the time of approval of grant of the renewed certificate without needing to conduct any survey on opinions from other relevant agencies specified in clause 3 of Article 41 herein.

Renewal procedures shall be subject to regulatory provisions of clause 5 and 6 of Article 41 herein.

4. The industrial park and economic zone authority may grant the renewal of the eco-industrial park according to the application package for renewal of the eco-industrial park, the annual supervisory and assessment report on performance of the eco-business and compliance of the eco-business with the criteria for identification of eco-businesses at the time of grant of the renewed certificate without needing to consult with the relevant agencies referred to in clause 3 of Article 41 herein.

Renewal procedures shall be subject to regulatory provisions of clause 5 and 6 of Article 42 herein.