Chương VIII Nghị định 35/2022/NĐ-CP về quản lý khu công nghiệp và khu kinh tế: Điều khoản thi hành

Chapter VIII

IMLEMENTARY PROVISIONS

Article 71. Supplements to the Government's Decree No. 31/2021/ND-CP dated March 26, 2021, elaborating and providing guidance on implementation of a number of Articles of the Law on Investment as follows:

Adding clause 1a underneath clause 1 to Article 131 as follows:

“1a. Appendix II and III hereto shall take effect as from January 1, 2021”.

Article 72. Supplements to the Government’s Decree No. 152/2020/ND-CP dated December 30, 2020, regarding foreign employees working in Vietnam, recruitment and management of Vietnamese employees working for foreign entities and persons in Vietnam as follows:

Adding clause 6a underneath clause 6 to Article 30 as follows:

“6a. For employees working at industrial parks and economic zones, industrial park and economic zone authorities shall perform the following duties:

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

b) Complete procedures for registration for internal labor rules and regulations;

c) Receive annual reports on performance of training and coaching courses aimed at improving occupational skills and qualifications;

d) Receive notification of overtime work for more than 200 - 300 hours each year from enterprises".

Article 73. Amendments and supplements to the Government's Decree No. 145/2020/ND-CP dated December 14, 2020, elaborating and providing guidance on implementation of the Labor Code in terms of labor conditions and relations:

1. Amending and supplementing clause 2 of Article 4 as follows:

“Periodically, on a six-month (by June 5) and annual (by December 12) basis, employers shall update the Department of Labor, War Invalids and Social Affairs on employee changes via the National Service Portal according to the Form No. 01/PLI of Appendix I hereto and notify these changes to the social insurance agency of the district where their main offices, branches or representative offices are located. Where any employer cannot give updates on employee changes via the National Service Portal, a paper report must be sent by using the Form No. 01/PLI of Appendix I hereto to the Department of Labor, War Invalids and Social Affairs and such changes must be informed to the social insurance agency of the district where its main office, branch or representative office is located. If there are any changes in employees working at industrial parks and economic zones, employers shall be required to report on such changes to Departments of Labor, War Invalids and Social Affairs, social insurance agencies of the districts where their main offices or branches are located, and industrial park and economic zone authorities, for monitoring purposes.

Departments of Labor, War Invalids and Social Affairs shall be responsible for consolidating employee changes if employers send paper reports aimed at providing fully updated information by using the Form No. 02/PLI of Appendix I hereto”.

2. Amending and supplementing clause 2 of Article 31 as follows:

“Periodically, on a six-year and annual basis, preparing performance reports on employee sublease by using the Form No. 09/PLIII to Appendix III hereto, sending them to Presidents of provincial People’s Committees, Departments of Labor, War Invalids and Social Affairs, and industrial park and economic zone authorities of the places where employers’ main offices are located; report to Departments of Labor, War Invalids and Social Affairs, and industrial park and economic zone authorities of the places where enterprises render their employee sublease services on performance of employee sublease at these places in cases where subleasing enterprises move to other provinces. 6-month reports must be sent by June 20 while annual reports must be sent by December 20”.

Article 74. Grandfather clause

1. Industrial parks and economic zones which have already completed investment, establishment and transformation procedures required by relevant law before the effective date of this Decree shall not be required to further implement any other procedures as prescribed herein.

2. If matters prescribed herein have already been subject to the instructions given by ministries and central authorities or the regulations of other relevant legal normative documents on investment, enterprises, construction, labor, industry, commerce, natural resources and environment, science and technology, tourism and taxes, issuance of written documents providing instructions about implementation of this Decree shall not be required, except in case of the instructions given in written instructional documents that are not conformable to regulations laid down in this Decree.

3. Where regional and provincial planning schemes have not yet been decided or approved under the Law on Planning, the following actions shall be taken:

a) Revision and supplementation of the planning schemes for development of industrial parks and economic zones shall be continued under the regulatory provisions of the Resolution No. 751/2019/UBTVQH14 dated August 16, 2019 of the National Assembly’s Standing Committee on explanations about several Articles of the Law on Planning, and clause 11 of Article 2; Article 3; clause 1 of Article 4; Article 5; Article 6; Article 7; Article 8; Article 9; Article 10; clause 1 and 2 of Article 11; Article 14; clause 1 of Article 15; Article 16; Article 17; Article 18 of the Government’s Decree No. 82/2018/ND-CP dated May 22, 2018, regulating management of industrial parks and economic zones;

b) Assessment of conformity of investment projects on construction and business of infrastructure of industrial parks and expanded industrial parks with the regional and provincial planning schemes shall be subject to the Government’s Decree, elaborating and providing guidance on implementation of a number of Articles of the Law on Investment.

4. If investment projects on construction and business of infrastructure of industrial parks of which valid dossiers are received by the effective date of this Decree have not yet obtained decisions on investment policies, approval of investment policies and investment registration certificates (for those eligible for investment registration certificates), the following actions shall be taken:

a) Competent regulatory authorities shall continue to comply with the regulations of the Government’s Decree No. 82/2018/ND-CP dated May 22, 2018, prescribing management of industrial parks and economic zones, in order to consider and decide investment policies, approval of investment policies or investment registration certificates, except the cases where investors make requests for implementation as per this Decree;

b) Competent regulatory authorities may continue to use previously reviewed opinions and matters for preparation of evaluation reports, grant of investment policies, approval of investment policies and investment registration certificates;

c) Any industrial park covering an area of more than 500 ha shall comply with the regulations laid down in point a and b of this clause and the regulations laid down in clause 4 and 5 of Article 8; point a of clause 2 and 3 of Article 9 herein.

5. Industrial parks that obtain approval of investment policies, decisions on investment policies, investment registration certificates, investment certificates, investment permits or other equivalents from competent authorities in accordance with law on investment by the effective date of this Decree are recognized as established under relevant law from the date of grant of approval of investment policies, decisions on investment policies, investment registration certificates, investment certificates, investment permits or other equivalents.

If industrial parks subject to the requirement for completion of the establishment procedures under the Government’s Decree No. 82/2018/ND-CP dated May 22, 2018, prescribing management of industrial parks and economic zones have not completed these establishment procedures, they shall be exempted from such requirement.

Article 75. Effect

1. This Decree shall enter into force as of July 15, 2022.

2. The Government’s Decree No. 82/2018/ND-CP dated May 22, 2018, prescribing the management of industrial parks and economic zones, shall be abolished from the effective date of this Decree, except for the cases specified in point a of clause 3 and clause 4 of Article 74 herein.

Article 76. Implementation

Ministers, Heads of Ministry-level agencies, Heads of Governmental bodies, Presidents of People’s Committees of centrally-affiliated cities and provinces, Heads of industrial park, export processing zone and economic zone authority, and organizations and individuals concerned, shall be responsible for implementing this Decree./.