Chapter VI
STATE MANAGEMENT OF INDUSTRIAL PARKS AND ECONOMIC ZONES
Article 51. State management duties toward industrial parks and economic zones
1. Formulate and direct the implementation of policies and guidelines for construction of industrial parks and economic zones included in regional planning schemes and plans for development of the network of industrial parks and economic zones included in provincial planning schemes.
2. Promulgate, guide, disseminate and implement policies, law, technical regulations and standards related to establishment, investment, construction planning, construction, land, environmental protection, fire prevention and control, development and management of industrial parks and economic zones; build and administer the national system; promote investments in industrial parks and economic zones.
3. Issue, adjust and revoke the investment registration certificate, the decision on investment policy, the enterprise registration certificate, licenses, permits and the like; implement regulatory formalities and supporting services related to investment, production and business activities of investors, organizations and individuals at industrial parks and economic zones.
4. Organize the apparatus, professional training and mentoring courses for State management agencies in charge of industrial parks and economic zones.
5. Ensure international cooperation on development of industrial parks and economic zones; provide instructions, support for and conduct assessment of effectiveness in investment; examine, inspect, supervise and handle complaints and denunciations; grant rewards; handle violations and address issues arising from development of industrial parks and economic zones.
Article 52. Authority and responsibilities for industrial parks and economic zones
1. The Government shall exercise the unified State management of industrial parks and economic zones nationwide by assigning specific tasks and delegating powers to specific ministries, miniterial-level central authorities, provincial People’s Committees and industrial park or economic zone authorities under the regulatory provisions of this Decree; direct the formulation and implementation of proposals for development of industrial parks and economic zones in regional planning schemes, and plans for development of industrial parks and economic zones in provincial planning schemes; and promulgating regulatory policies and legal normative documents regarding industrial parks and economic zones.
2. The Prime Minister shall have the following powers and responsibilities:
a) Direct ministries, central authorities, provincial People's Committees and industrial park and economic zone authorities to implement regulatory provisions and policies regarding industrial parks and economic zones;
b) Approve investment policies for investment projects under his authority; decide establishment, expansion and resizing of boundaries of economic zones; approve and adjust master plans for construction of economic zones;
c) Direct the handling and settlement of issues and problems arising in the process of investing in, establishing, operating and managing industrial parks and economic zones which fall beyond the jurisdiction of ministries and central authorities, provincial People's Committees and industrial parks and economic zone authorities.
3. Ministries, central authorities, provincial People’s Committees shall, within their respective jurisdiction, have the following responsibilities:
a) Practice the sectoral and administrative management of industrial parks and economic zones;
b) Provide instructions and regulations on and take charge of management hierarchy and decentralization of authority so that, when being assigned or authorized, industrial park and economic zone authorities can perform several tasks under their authority and authority delegated to specific state agencies in charge of business lines, enterprises, construction, labor, industry, commerce, natural resources and environment, science and technology, tourism or other sectors or industries specified herein and other regulatory provisions of relevant legislation.
This regulation shall be applied, depending on working requirements, competence, conditions and developments of industrial parks and economic zones in provinces and centrally-affiliated cities;
c) They shall, under their respective authority, examine, inspect, supervise performance and handle violations of industrial park and economic zone authorities carrying out assigned duties and delegated powers specified in this Decree and other regulatory provisions of relevant law; examine, inspect, supervise and handle violations arising from compliance with regulatory provisions of this Decree and other regulations of relevant law of investors executing investment projects at industrial parks and economic zones, and investors executing investment projects on construction and business of infrastructure facilities of industrial parks and functional sections of economic zones.
Article 53. State management authority and responsibilities of the Ministry of Planning and Investment
1. Take charge of assisting the Government in performing the uniform State management of industrial parks and economic zones.
2. Take charge of and cooperate with Ministries; central authorities; provincial People's Committees; industrial park and economic zone authorities; and other relevant agencies on:
a) Formulating legislative normative documents and regulatory policies on management and development of industrial parks and economic zones for submission to competent regulatory authorities to seek their approval decisions to promulgate them, or promulgate them under their delegated authority;
b) Providing instructions about construction of eco-industrial parks, supporting industrial parks, specialized industrial parks, hi-tech industrial parks and industrial - urban - service zones;
c) Conducting the review of application packages for approval of investment policies for investment projects under the authority to approve investment policies of the National Assembly or the Prime Minister in accordance with law on investment; investment projects on infrastructure facilities of publicly-funded industrial parks under the authority to decide investment policies of the Prime Minister as per regulatory provisions on public investment;
d) Formulating and implementing national plans and programs for promotion of investments in industrial parks and economic zones;
dd) Setting up and managing the national industrial park and economic zone information system; issue periodical report forms or charts; provide information on industrial parks and economic zones for relevant Governmental agencies; providing instructions on designing data and information used for assessment of socio-economic efficiency and effectiveness of industrial parks and economic zones;
e) Compiling the list of key economic zones for submission to the Prime Minister for his approval over periods of time;
g) Providing relevant instructions and professional training or mentoring courses for industrial park and economic zone authorities;
h) Making review reports on socio-economic efficiency and effectiveness of industrial parks and economic zones.
3. Take charge of and cooperate with the Ministry of Finance, relevant Ministries and central authorities on developing the mechanism for mobilization of funds for investment in development of infrastructure facilities of industrial parks and economic zones; proposing state budget expenditures on capital development and other legitimate funds to be spent on investment in construction of infrastructure of industrial parks or functional sections of economic zones having particular attributes and playing significant roles in developing economic sectors, industries, technical and social utilities and amenities at key economic zones under law on public investment, law on state budget and other regulatory provisions of relevant law.
4. Cooperate with the Ministry of Construction; the Ministry of Natural Resources and Environment; the Ministry of National Defense; the Ministry of Industry and Trade; the Ministry of Home Affairs; the Ministry of Labor, War Invalids and Social Affairs; and other relevant ministries and central authorities on providing instructions for management hierarchy and decentralization of authority for industrial park and economic zone authorities.
5. Preside over and cooperate with the Ministry of Home Affairs in providing guidance on implementation of assigned duties, for industrial park and economic zone authorities.
Article 54. Authority and responsibilities of the Ministry of Home Affairs
Assess the proposal for establishment or reorganization of industrial park or economic zone authorities, and submit it to the Prime Minister for his consideration and decision.
Article 55. Authority and responsibilities of the Ministry of Finance
Provide guidance on implementation of regulatory provisions laid down in clause 4 of Article 22 herein.
Article 56. Authority and responsibilities of the Ministry of Construction
1. Promulgate regulations guiding industrial park and economic zone authorities to perform the State management of planning for construction of industrial parks, economic zones, and construction of technical infrastructure facilities, and construction works at industrial parks and economic zones; build and develop housing, public services and utilities for workers at industrial parks and economic zones; perform tasks of urban management and development at industrial – urban – service zones and economic zones.
2. Conduct the review of tasks and general planning schemes for construction of economic zones before submission to the Prime Minister to seek his approval under law on construction.
Article 57. Authority and responsibilities of the Ministry of Industry and Trade
1. Perform the State management over industry, import and export activities and commercial activities taking place at industrial parks and economic zones; direct and orient the development of industries at industrial parks and economic zones according to approved orientations and strategies for regional and national industrial development.
2. Authorize industrial park and economic zone authorities to grant the certificate of origin of goods produced at industrial parks or economic zones when they fully satisfy authorization conditions.
3. Provide guidance on grant of permits and papers of equivalent value to trading of goods under the specialized management of the Ministry of Industry and Trade.
4. Provide instructions for purchase and sale of goods, and activities directly related to the purchase and sale of goods for foreign-invested economic organizations and foreign investors located at industrial parks and economic zones.
Article 58. Authority and responsibilities of the Ministry of Natural Resources and Environment
1. Formulate legal normative documents, technical regulations, engineering instructions, technical regulations on environment related to environmental protection at industrial parks and economic zones as per regulatory provisions on environmental protection.
2. Provide instructions about treatment, recycling and reuse of waste, scrap and by-products at eco-industrial parks under law on environmental protection.
3. Provide instructions for and carry out the management hierarchy and decentralization of authority as specified in point d of clause 3 of Article 68 herein on the basis of considering the requests of provincial People's Committees and assess the competence of each industrial park and economic zone authority.
Article 59. Authority and responsibilities of the Ministry of Science and Technology
Guide industrial park and economic zone authorities to perform the State management over science and technology affairs at industrial parks and economic zones.
Article 60. Authority and responsibilities of the Ministry of Labor, War Invalids and Social Affairs
1. Provide guidance on management hierarchy and decentralization of authority over labor-related issues for industrial park and economic zone authorities according to point c of clause 3 of Article 68 in this Decree and other regulatory provisions of relevant law.
2. Provide industrial park and economic zone authorities with instructions on performance of tasks specified in point dd of clause 2 of Article 68 herein.
Article 61. Authority and responsibilities of the Ministry of Public Security
1. Exercise the state management over public security, order, fire prevention and control at industrial parks and economic zones; entry, exit, transit and stay of foreigners inside industrial parks and economic zones.
2. Cooperate with ministries, central authorities and provincial People’s Committees in exercising the state management over the combined practice of security and socio-economic development.
Article 62. Authority and responsibilities of the Ministry of National Defence
1. Cooperate with ministries, central authorities and provincial People’s Committees in exercising the state management over the combined practice of national defence and socio-economic development.
2. Collaborate with the Ministry of Public Security, relevant agencies and provincial People's Committees in providing instructions for implementation of and implementing regulatory provisions on entry, exit, transit and stay of foreigners inside industrial parks and economic zones.
3. Command agencies and units under the Ministry of National Defence to control and inspect entry, exit, transit, stay, certification of temporary stay and handling of violations of persons and transport equipment entering, exiting ad operating at bordergate economic zones and sea border checkpoints of economic zones under law.
Article 63. Authority and responsibilities of the Ministry of Culture, Sports and Tourism
1. Guide industrial park and economic zone authorities to perform the tasks of state management of tourism activities at economic zones.
2. Guide industrial park and economic zone authorities to grant, re-grant, revise, supplement and renew licenses for establishment of representative offices or branches at economic zones with regard to foreign tourist agencies.
Article 64. Authority and responsibilities of the Government Inspectorate
Take charge of and cooperate with concerned ministries and central authorities on providing instructions about inspection and settlement of complaints, denunciations, prevention and control of corruption arising in industrial parks and economic zones under the regulatory provisions of law.
Article 65. Authority and responsibilities of other ministries and central authorities
In addition to duties and authority specified in Article 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63 and 64 herein, ministries and central authorities shall have authority and responsibilities towards sectors and industries of industrial parks and economic zones as follows:
1. Give written comments on investment projects falling under the authority to grant the decision on investment policy of the National Assembly, the Prime Minister and those in the investment sectors subject to regulatory conditions, and other investment projects implemented at industrial parks or economic zones in accordance with law on investment and other regulatory provisions of relevant law.
2. Provide instructions about reuse of waste, scrap, water abundant energy available at eco-industrial parks under their respective regulatory authority.
Article 66. Authority and responsibilities of provincial People’s Committees
1. Preside over formulation and direct implementation of plans for development of the network of industrial parks and economic zones located at provinces and centrally-affiliated cities.
2. Take charge of formulating and revising master planning requirements and proposals for development of economic zones; formulating and approving master planning requirements and proposals for construction and zoning of construction sites; planning requirements and proposals for front-end adjustments to these planning proposals with respect to industrial parks and functional sections of economic zones; deciding to use state budget funds as investment funds or grants for investment in technical infrastructure inside and outside the perimeter of industrial parks and economic zones.
3. Direct the implementation of investment procedures for investment projects on construction and business of infrastructure facilities of industrial parks and functional sections of economic zones when industrial park and economic zone authorities have not yet been established under law on investment.
4. Promulgate legally-accepted specific preferential and incentive policies applied to recruitment and hiring of local, well qualified and skilled workers; provide vocational training support for workers working at industrial parks and economic zones; impose regulatory conditions and criteria upon enterprises and investors given land lease or sub-lease priority according to the regulatory provisions laid down in clause 4 of Article 9 herein.
5. Ensure that each planning scheme must include land reserved for construction of resettlement, housing areas, public service and utility facilities for workers in industrial parks and economic zones; invest in offer grants for investment in the construction of housing, resettlement quarters, socio-technical infrastructure facilities in accordance with the provisions of law; offer investment, trade and tourism promotion support; offer grants spent on compensation and ground clearance in order to speed up the process of investment and development of industrial parks and economic zones.
6. Direct the appropriation of land and water surface, payment of compensation, site clearance and resettlement, and implement procedures for leasing or assigning land in industrial parks or economic zones under law on land and other relevant regulatory provisions.
7. Direct relevant organizations to prepare investment plans and organize the construction of technical and social infrastructure facilities outside the perimeter of industrial parks or functional sections of economic zones, such as roads, power supply systems, water supply and drainage systems, communications systems and technical connectors connected with infrastructure facilities inside the perimeter of industrial parks, economic zones inside economic zones; dwelling houses, cultural, sports facilities, medical facilities, educational establishments and other public works to meet the needs for development of industrial parks and economic zones.
8. Assume the prime responsibility for preparing plans and providing funds for investment or support for investment in technical infrastructure systems inside the perimeter of industrial parks, and socio-technical infrastructure systems of economic zones according to the regulatory provisions of law on public investment, state budget and regulatory provisions of this Decree.
9. Issue and supervise implementation of the Regulations on cooperation between industrial park and economic zone authorities and agencies under provincial People's Committees; provide instructions and regulations on decentralizing and delegating authority to industrial park and economic zone authorities to perform several duties relevant to the sectors specified herein.
10. Direct the implementation of the planning and regulations on construction, labor, environmental protection, fire and explosion prevention and control, public security and order in industrial parks and economic zones.
11. Set up and cooperate in setting up local vocational training institutions to meet the labor demands of industrial parks and economic zones.
12. Take charge of and cooperate with competent state authorities in performing the tasks of examining, inspecting and supervising the settlement of issues or problems arising in the course of development of industrial parks and economic zones in accordance with law; as for issues and matters beyond their competence, cooperate with ministries and central authorities in settling them or submitting them to the Prime Minister for his consideration and decision.
13. Formulate proposals for establishment or reorganization of industrial park and economic zone authorities so as to ensure that each province or centrally-affiliated city has an industrial park or economic zone authority, except otherwise prescribed in particular regulations; grant decisions on appointment of personnel holding the posts of the Head and Deputy Head(s) of the industrial park and economic zone authority.
14. Ensure financial, personnel and other necessary preconditions for industrial park and economic zone authorities in line with the progress towards development of industrial parks and economic zones; provide funding for administrative and public non-business activities and capital investment funds to industrial park and economic zone authorities according to the regulatory provisions of law on state budget; approve plans and allocate funds and organize investment, trade and tourism promotion activities for development of industrial parks and economic zones.
15. Direct local specialized or functional agencies in charge of trade, finance, customs, banking, police and other relevant authorities to appoint representatives having full competence in settling related matters at each industrial zone and economic zone where necessary.
16. Implement other duties and powers regarding industrial parks and economic zones under the provisions of this Decree and other regulatory provisions.
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)
