Chương VII Nghị định 35/2022/NĐ-CP về quản lý khu công nghiệp và khu kinh tế: Chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của ban quản lý khu công nghiệp, khu chế xuất, khu kinh tế

Chapter VII

FUNCTIONS, DUTIES, POWERS AND ORGANIZATION STRUCTURE OF INDUSTRIAL PARK, EXPORT PROCESSING ZONE AND ECONOMIC ZONE AUTHORITIES

Article 67. Functions of an industrial park, export processing zone and economic zone authority

1. Industrial park, export processing zone and economic zone authorities are agencies affiliated to the provincial People's Committees, which performs the functions of direct State management over industrial parks and economic zones located in provinces or centrally-affiliated cities in accordance with this Decree and other relevant legislation; which manages and organizes the provision of public administrative services and other supporting services related to investment, production and business activities for enterprises at industrial parks and economic zones.

In this Decree, they are collectively referred to as industrial park and economic zone authorities, unless otherwise prescribed by particular regulations applied to economic zone authorities.

2. Industrial park and economic zone authorities shall be incorporated under the Prime Minister’s establishment decision and subject to the direction and management of the provincial People's Committees over organization, personnel, working plans, schedules and operating costs and expenses; shall be commanded, instructed and supervised in professional aspects by ministries and central authorities with respect to related sectors and industries; shall assume responsibility for closely cooperating with specialized agencies controlled by the provincial People's Committees in managing industrial parks and economic zones; shall act as functional agencies under the provincial People’s Committees when being assigned or authorized; shall implement the tasks and powers as specialized agencies under the provincial People’s Committees in accordance with the regulatory provisions of this Decree and other relevant law.

3. Each industrial park and economic zone authority has legal personality, its own account and stamp on which the national emblem is inscribed; shall be operated by using annual public non-business budgets and capital investment funds of the state budget and other funding sources under regulations adopted by competent state agencies.

4. Industrial park and economic zone authorities shall perform duties and authority assigned by the state regulatory authorities specified herein and other regulatory provisions of relevant law.

Article 68. Duties and powers of industrial park and economic zone authorities

1. Comment on, propose and seek consent of ministries, central authorities and provincial People’s Committee to and implement the followings:

a) Discuss with ministries, central authorities and provincial People's Committees on drafting legal normative documents, policies and plans for development of systems related to industrial parks and economic zones;

b) Assume the prime responsibility for, and cooperate with the concerned agencies in, formulating the Regulations on cooperation with specialized agencies under the provincial People's Committees or concerned agencies in carrying out their assigned tasks and powers according to the intracorporate or intercorporate one-stop shop mechanism, and submit them to the provincial People's Committees to seek their approval;

c) Preside over and cooperate with relevant agencies and organizations in formulating master construction planning requirements and proposals; zoning schemes for construction of industrial parks; planning requirements and proposals serving as front-end adjustments to these planning proposals and submit them to the provincial People's Committees;

d) Formulate programs and plans for promotion of investment in development of industrial parks and economic zones, and submit them to the provincial People's Committees to seek their approval;

dd) Assemble and measure demands for employees working in industrial parks and economic zones, and cooperate with competent state agencies in supplying personnel to enterprises of industrial parks and economic zones;

e) Prepare annual estimates of budgets, non-business expenditures, capital investment capital and other funding sources (if any) of industrial park or economic zone authorities for submission to competent state agencies to seek their approval in accordance with law on state budget, law on public investment and other relevant legislation;

g) Cooperate with relevant agencies on appraising technologies to be applied in investment projects, assessing technological knowledge and qualification; examining and controlling technologies and technology transfers in investment projects, researches on development and application of technologies of enterprises.

2. Each industrial park and economic zone authority shall perform the following tasks:

a) Manage, propagate, provide instructions on, inspect and supervise the implementation of regulations and plans for development of systems, construction planning schemes and plans related to industrial parks and economic zones that have already been approved by competent state agencies;

b) Perform the tasks of investment registration agencies and authorities for industrial parks, export processing zones, hi-tech industrial parks and economic zones under the regulatory provisions on investment with respect to investment projects inside industrial parks and economic zones under the control of industrial park and economic zone authorities; supervise and assess attraction of investments in specific types of supporting industrial parks, specialized industrial parks, hi-tech industrial parks and eco-industrial parks according to sectors and industries permitted for receipt of investments that are registered as per point a of clause 3 of Article 32 and point a of clause 2 of Article 38 herein; supervise and evaluate implementation of the regulations laid down in clause 5 of Article 8, clause 3 of Article 9 and point c of clause 2 of Article 27 herein;

c) Conduct the project evaluation, design and prepare estimates of costs of projects and construction works inside the perimeter of industrial parks and economic zones; examine types of construction works falling within their remit and perform other duties of construction authorities in accordance with law on construction with respect to the projects and construction works located within industrial parks and economic zones;

d) Grant, re-grant, revise, renew and revoke representative office establishment licenses and close representative offices of foreign organizations and traders whose offices are located at industrial parks or economic zones in accordance with law on trade;

dd) Issue, reissue, renew and revoke work permits of foreign workers and confirm that foreign workers are not eligible to receive work permits to work at industrial parks and economic zones.

Perform several tasks and powers of labor agencies under the provincial People’s Committees with regard to workers at industrial parks and economic zones, including taking steps in registering labor regulations; reporting on labor use; receiving reports on hiring of foreign workers, reports on labor changes via the national public service portal; receiving and handling application dossiers for effecting contracts for placement of apprentices working at enterprises, sending of employees abroad in less than 90 days for enterprises within industrial parks and economic zones; receiving reports on employee sublease, vocational skill training and mentoring results; issuing notification of cases of overtime work from more than 300 hours to 300 hours each year of enterprises at industrial parks and economic zones;

e) Assume responsibilities for environmental protection assigned to industrial park, export-processing zone and hi-tech park authorities as prescribed in law on environmental protection;

g) Handle registration for price and fee brackets for use of infrastructure of investors executing investment projects on construction and business of infrastructure facilities of industrial parks or functional sections of economic zones;

h) Inspect, supervise and assess fulfillment of the investment objectives stated in decisions on approval of investment policies, investment registration certificates, the progress of capital contribution and implementation of investment projects; implementation of commitments with respect to projects given investment incentives and compliance with law on construction, labor, wages and social insurance for employees, protection of legal rights and interests of employees and employers, assurance of occupational safety and hygiene, fire prevention and control, maintenance of public security and order, and environmental protection, with respect to investment projects at industrial parks and economic zones;

i) Cooperate with police units, other competent agencies in inspecting maintenance of public security and order, fire and explosion prevention and control, environmental protection, formulating and proposing measures to maintain public security, order, and organizing security and fire emergency response forces in industrial parks and economic zones;

k) Settle issues, problems and difficulties of investors in industrial parks or economic zones, and recommend the Prime Minister, concerned ministries, central authorities and provincial People's Committees to deal with issues beyond their competence;

l) Receive statistical reports and financial statements of enterprises operating within industrial parks and economic zones; evaluate socio-economic efficiency of investments in industrial parks and economic zones; directly manage and operate industrial park and economic zone information systems;

m) Cooperate with the Ministry of Planning and Investment in establishing and managing the national system of information about industrial parks and economic zones under their jurisdiction;

n) Submit quarterly and annual reports to the Ministry of Planning and Investment and provincial People's Committees on the development and progress of construction and development of industrial parks and economic zones; handling of applications for, issuance, adjustment and revocation of investment registration certificates, decisions on approval of investment policies; operation of investment projects; fulfillment of obligations to the state; implementation of the regulatory provisions of labor legislation and measures to protect the environment at industrial parks and economic zones;

o) Provide support and information in order for enterprises at industrial parks and economic zones to affiliate and cooperate with each other to effect industrial symbiosis, measures for cleaner production and transformation into eco-industrial parks;

p) Hold contests for enterprises at industrial parks and economic zones and gives them awards;

q) Examine and settle complaints and denunciations; prevent and combat acts of corruption, extravagance and misconduct; sanction such acts within their competence or petition competent authorities to sanction administrative violations arising in industrial parks and industrial zones under jurisdiction of industrial park and economic zone authorities; cooperate with competent state agencies in performing inspection and examination tasks in accordance with law;

r) Perform tasks under the provisions of law and regulations of the provincial People's Committee on management of assigned finances, assets and budget allocations; collect and manage use of fees and charges; conduct scientific researches, apply scientific and technological advances; cooperate with domestic and foreign organizations and individuals in the fields related to investment in construction and development of industrial parks and economic zones; steer the organizational apparatus, personnel structure, manage public officials, staff members, and provide staff of industrial park and economic zone authorities with professional training and coaching courses;

s) Play their role as agencies in charge of offering provincial People’s Committees counsels to help them formulate plans, manage and assist in transformation and development of new models of industrial parks and economic zones;

t) Implement other duties and authority under the regulatory provisions of this Decree, other relevant legislation, and those assigned by provincial People’s Committees.

3. Ministries, central authorities, provincial People’s Committees and competent state authorities shall assign duties and delegate authority to industrial park and economic zone authorities to perform the following tasks:

a) Issue certificates of origin for goods produced at industrial parks or economic zones, and other licenses, permits or certificates;

b) Make partial adjustments to the approved planning schemes for construction of industrial parks and functional sections of economic zones; approve detailed planning requirements and proposals for development of investment projects at industrial parks or functional sectors of economic zones subject to the requirement for formulation of detailed planning schemes for construction under law on construction; issue, revise, renew, re-issue, withdrawal and revoke construction permits of construction projects or works subject to the requirement for holding construction permits according to the regulatory provisions of law on construction; perform the task of management of quality of investment projects and works located at industrial parks and economic zones;

c) Receive reports on forced resignation en bloc of staff; explanatory reports of enterprises located within industrial parks and economic zones on the demands for foreign workers holding specific positions that Vietnamese workers cannot take up;

d) Conduct the review and approve results of review of environmental impact assessment reports; issue, replace, adjust, re-issue and withdraw environmental licenses and permits of investment projects at industrial parks and economic zones.

4. Industrial park and economic zone authorities shall act as agencies in charge of managing investments in local industrial parks and economic zones. When performing professional tasks at industrial parks or economic zones, Ministries, central authorities and local authorities shall cooperate on and conduct surveys on opinions from industrial park and economic zone authorities with the intention of ensuring the uniform state management of industrial parks and economic zones, avoidance of overlapping situation and facilitation for enterprises’ operations as per law.

Article 69. Duties and powers of economic zone authorities

In addition to the tasks and powers of industrial park and economic zone authorities prescribed in Article 68 of this Decree, economic zone authorities shall have the following duties and powers:

1. Prepare reports and deliver these reports to provincial People’s Committees for submission to competent authorities to seek their approval of:

a) Proposals for expansion and resizing of boundaries of economic zones;

b) Formulation and modification of master planning requirements and proposals for construction of economic zones;

c) Schemes for issuance of local government bonds; approaches for mobilization of other funds for investment in development of important technical and social infrastructure systems within economic zones.

2. Formulate and submit the followings to ministries, central authorities and provincial People’s Committees for their approval and carry out:

a) Working with relevant agencies and organizations in formulating and adjusting planning schemes and plans for use of land at economic zones;

b) Formulating zoning requirements and proposals for functional sections of economic zones, planning requirements and proposals for front-end adjustments of these planning proposals to the approved master planning proposals for construction of economic zones and submitting them to seek consent from provincial People’s Committees;

c) Annual and five-year plans for development of economic zones which are submitted to the provincial People's Committees and competent state agencies for their approval;

d) List of investment projects, annual and five-year developmental budget plans submitted to competent state agencies for their approval or grant of discretionary approval within their jurisdiction;

dd) Formulating brackets of prices, fees and charges applied in economic zones for submission to competent authorities for their approval as per law.

3. Economic zone authorities shall direct or implement the following duties:

a) Grant, re-grant, revise, supplement and renew the license for establishment of representative offices or branches in economic zones with respect to foreign tourist agencies in accordance with law and instructions provided or authority delegated by ministries, central authorities and provincial People’s Committees;

b) Hire domestic and foreign consultants rendering investment promotion and investment strategy consultancy services for construction and development of economic zones;

c) Make decisions on investment in publicly-funded group-B and group-C projects at industrial parks and economic zones under authority delegated by the Presidents of provincial People's Committees; manage ODA funds and foreign soft loans at industrial parks and economic zones under authority delegated by provincial People’s Committees;

d) Propose the list of projects, undertake selection of investors, sign contracts with investors under law and authority delegated by provincial People's Committees;

dd) Manage and use sources of investment capital for development of economic zones under their delegated authority; manage investment, construction and bidding for investment projects funded by the State budget’s capital investment funds at economic zones under their delegated authority; manage and undertake collection and spending of administrative and non-business revenues and expenditures, target programs and other capital sources authorized under the regulatory provisions of law;

e) Assume the prime responsibility for, and cooperate with concerned agencies in, repair and maintenance of technical and social infrastructure systems, public utility and service facilities funded by the state budget at economic zones;

g) Perform environmental protection duties of economic zone authorities under law on environmental protection;

h) Effectively manage and use specialized land and water surfaces that they have been assigned after completion of compensation and site clearance according to right purposes and master planning schemes for construction of economic zones, zoning schemes for construction of functional sections, land-use planning schemes and plans already approved by competent authorities;

i) Determine land use levies, rents and water surface rents applied to investors who are assigned or leased land by the State to implement investment projects inside economic zones; determine compensation for site clearance to be deducted from land use levies and land rents in accordance with law on collection of land use levies, land rents and water surface rents at economic zones;

k) Cooperate with organizations in charge of compensation and site clearance on dealing with issues related to compensation, support and resettlement; re-allocate land with or without land use levies, lease land to tenants wishing to use land in functional sections of economic zones and perform other tasks of management of land at economic zones in accordance with law on land;

l) Cooperate with local authorities and concerned agencies in ensuring operation of economic zones conforms to construction planning schemes and plans for development of economic zones already approved by competent state agencies, and other relevant regulations.

Article 70. Organizational apparatus and personnel structures of industrial park and economic zone authorities

1. Each industrial park and economic zone authority must be composed of the Head and no more than 03 Vice Heads; and its assistant staff.

The Head is appointed or dismissed by President of provincial People's Committee. Vice Heads are appointed or dismissed by President of provincial People's Committee upon the Head’s request.

2. The Head shall be responsible for administering all activities of the industrial park and economic zone authority, and shall be held responsible to the provincial People's Committee, President of provincial People’s Committee and before law for performance of the industrial park or economic zone.

3. Organization structure of the industrial park and economic zone authority shall be composed of: assistant staff (i.e., administrative, professional divisions and representatives of the industrial park and economic zone authority); affiliated non-business units performing public and social tasks, investment or business support services for enterprises of the industrial park or economic zone and other organizations suitable to the developmental context of the industrial park and economic zone; the tasks and powers of specific types of the industrial park or economic zone authority shall be subject to regulations on instructions of competent regulatory authorities and regulations of relevant legislation.

4. Setting out the assistant staff must conform to the following conditions and criteria:

a) Multi-disciplinary or multi-sectoral management divisions must be established; there must be clear processes for management of activities assigned to these divisions, and managed objects that are clearly identified and fall within the remit of the industrial park and economic zone authority;

b) Depending on workload, there is the requirement that each division of the industrial park and economic zone authority in Hanoi and Ho Chi Minh city must be staffed by at least 07 persons; each division of the industrial park and economic zone authority in the grade-I province must be staffed by at least 06 persons; each division of the industrial park and economic zone authority in the grade-II or grade-III province must be staffed by at least 05 persons;

c) Each division of the industrial park and economic zone authority in Hanoi and Ho Chi Minh city staffed by fewer than 10 persons; the industrial park and economic zone authority in the grade-I province staffed by fewer than 09 persons; the industrial park and economic zone authority in the grade-II or grade-III province staff by fewer than 08 persons must have one Vice Head;

d) Each division of the industrial park and economic zone authority in Hanoi and Ho Chi Minh city staffed by 10 – 14 persons; the industrial park and economic zone authority in the grade-I province staffed by 09 – 14 persons; the industrial park and economic zone authority in the grade-II or grade-III province staff by 08 – 14 persons must have no more than 02 Vice Heads;

dd) The number of vice heads of the Office of the industrial park and economic zone authority, and the Representative Office at an industrial park, shall be the same as that of a professional and specialized division.

5. The establishment of departments, divisions and other constituent organizations that are not public service units (hereinafter referred to as departments) under the control of the employment service center shall conform to the Government's regulations on establishment, reorganization and dissolution of public service units. The number of public servants and employees working for public non-business units who are members of an industrial park and economic zone authority shall be determined according to working positions associated with their functions, tasks and range of activity, and shall be equal or less than the number of public servants and employees working for administrative agencies, organizations and non-business units of provinces and centrally-affiliated cities and which is assigned or approved by competent authorities.