Chapter II
PLANNING FOR AND ESTABLISHMENT OF INDUSTRIAL CLUSTERS
Section 1. INDUSTRIAL CLUSTER DEVELOPMENT PLANNING
Article 5. Industrial cluster development planning
1. Bases for formulation of industrial cluster development planning:
a) Socio-economic development planning; industrial and cottage industry development planning; Land use planning; Construction planning and Planning for other relevant local industries, products and fields;
b) Demand for premises to attract and relocate businesses in industrial clusters;
c) Ability to mobilize capital investment sources of enterprises, the State and other legal capital sources for constructing technical infrastructural constructions of local industrial clusters.
2. Contents of an industrial cluster development planning:
a) Legal bases and the necessity of formulating the planning;
b) Assessment and anticipation of the demand for development of industries and cottage industries and cottage industrial business and factors impacting industrial cluster development; premises demand of organizations and individuals investing in industrial clusters;
c) Assessment of status and schedule for implementation of the planning and investment in technical infrastructure construction, investment attraction, occupancy rate, operating efficiency of each industrial cluster; achievements, shortcomings and reasons;
d) Orientations for distribution and development of industrial clusters, facts for formulation of planning for each industrial cluster (including: name, location, area, current land status according to the principle of restricting use of land reserved for growing rice, industries, schedule for investment in technical infrastructure, ability to connect technical infrastructure outside industrial clusters; demand for leasing out and subleasing land of industrial clusters and favorable and complicating factors);
dd) Assessment of current status and management of environment in industrial clusters locally established; forecasting of environmental impacts of and measures to remedy environment in industrial clusters for which the planning is formulated;
e) Anticipation of the total investment capital for the construction of infrastructure of industrial clusters; solutions concerning regimes and policies, and ability to mobilize capital sources; plan to organize implementation of the planning; g) Expected list of industrial cluster planning with various alternatives; selection of an alternative and its expression on the planning map (including name, location, area, industries, expected total investment capital for infrastructure, planning period).
3. Costs of formulating the industrial cluster development planning shall be covered by the local government budget and comply with applicable regulations.
4. The planning for development of industrial clusters in a province shall be formulated for each 10-year period together with its prospect of a subsequent 10-year period, and announced within 30 days after the date on which the planning approval decision is issued.
Article 6. Formulation and approval of industrial cluster development planning
1. Sequence of formulating and approving industrial cluster development planning shall comply with regulations of law on comprehensive planning for socio-economic development.
2. The Department of Industry and Trade shall take charge and cooperate with relevant departments and district-level People’s Committees concerned in organizing formulation and appraisal of the local industrial cluster development planning for submission thereof to the provincial People’s Committee, which will submit it to the Ministry of Industry and Trade for approval as prescribed in Clauses 3 and 4 of this Article.
3. An application for approval of the planning includes:
a) An application form for approval of the planning, which is submitted by the provincial People's Committee;
b) A report on the planning;
c) A report on planning appraisal;
d) Written opinions of relevant departments, and district-level People's Committees and a report on response to such opinions;
dd) Other documents (if any).
03 sets of application are submitted to the Ministry of Industry and Trade.
4. Within 30 working days from the date on which a sufficient application is received, the Ministry of Industry and Trade shall finish appraising it and grant written approval of the planning.
In the event the application or any content of the planning fails to satisfy the requirements or needs clarification, the Ministry of Industry and Trade shall send a written request for modification of application or content of the planning or a written request for opinions of relevant ministries. The time for modifying the application or the planning or seeking opinions of relevant ministries shall not be included in the time for appraising or approving the planning.
5. Based on the written approval of the planning granted by the Ministry of Industry and Trade, the provincial People’ Committee shall provide guidance on modification of the application and/or contents of the planning and approve the industrial cluster development planning. 01 copy of the decision on approval of the planning shall be submitted to the Ministry of Industry and Trade.
Article 7. Conditions for making adjustments or additions of the industrial cluster development planning
1. Conditions for adding an industrial cluster to the planning:
a) The industrial cluster shall conform to the socio-economic development planning; industrial and cottage-industrial development planning; provincial and district-level land use plans and planning; construction planning and planning for other relevant industries and products within the district or province;
b) Available industrial land is sufficient enough to establish a new industrial cluster;
c) The district-level industrial cluster fails to satisfy the organizations and individuals’ demand for leasing land for production and business;
d) An investor in construction of infrastructure of the industrial cluster shall be clearly determined.
2. Conditions for excluding an industrial cluster from the planning:
The industrial cluster that meets one of the following conditions may be excluded from the planning:
a) The industrial cluster is no longer conformable with the socio-economic development planning; industrial and cottage-industrial development planning; land use plan and planning; construction planning, urban planning and planning for other relevant industries and products within the district or province;
b) There is a need to give the industrial cluster with ineffective investment in technical infrastructure a new purpose which is to develop another field or industry in line with the local socio-economic development planning, urban planning or construction planning approved by the competent authority.
Article 8. Applications for adjustment or addition to industrial cluster development planning
1. An application for adjustment or addition to the planning includes:
a) An application form for adjustment or addition to the industrial cluster planning, which is submitted by the district-level People’s Committee;
b) A report on adjustment or addition to the planning;
c) Other documents (if any).
2. Main contents of the report on adjustment or addition to the planning:
a) A report on addition to the planning shall contain legal bases, necessity and explanation for satisfying the conditions for making addition to the planning; expected demand for production premises for attracting investment in or relocation to the industrial cluster; plan to make addition to the planning (including name, location, area, current use of land, industries, schedule for infrastructure investment, ability to connect outside infrastructure, legal status and capacity of the investor, capital sources, capital raising solution, plan on investment in construction of technical infrastructure investment, proposed environmental impacts and measures to remedy environment and manage the industrial cluster after being added to the planning);
b) A report on adjustment to the planning shall contain the necessity and explanation for satisfying the conditions for making adjustment to the planning; assessment of current status and effectiveness of investment in technical infrastructure construction and industrial cluster repurposing plan.
Article 9. Sequence of making adjustment or addition to industrial cluster development planning
1. The district-level People’s Committee shall prepare an application form and submit it to the provincial People’s Committee enclosing 08 sets of application for adjustment or addition to the planning (including 02 original sets), and to the Department of Industry and Trade, which will take charge and cooperate with relevant departments in carrying out appraisal. The appraisal shall focus on the legitimacy and validity of applications, and contents and feasibility of the report on adjustment or addition to the planning.
2. Within 15 working days from the receipt of a sufficient application, the Department of Industry and Trade shall finish appraising it and submit it to the provincial People’s Committee thereof. Within 05 working days from the date on which the appraisal report submitted by the Department of Ministry of Industry and Trade is received, the provincial People’s Committee shall send a written request enclosed with 01 set of application and relevant documents to the Ministry of Industry and Trade for its approval.
3. Within 15 working days from the date on which the abovementioned documents are received, the Ministry of Industry and Trade shall grant written approval for adjustment or addition to the planning.
4. Within 5 working days from the date on which the written approval is received, the provincial People’s Committee shall issue a decision on adjustment or addition to the planning; 01 copy of the decision shall be submitted to the Ministry of Industry and Trade.
Section 2. ESTABLISHMENT OR EXPANSION OF INDUSTRIAL CLUSTERS
Article 10. Conditions for establishment or expansion of an industrial cluster
1. Conditions for establishing an industrial cluster:
a) The industrial cluster is included in the approved industrial cluster development planning;
b) There is an enterprise or cooperative that has a legal status, capacity and experience to invest in construction of technical infrastructure or a unit that is assigned to invest in construction of technical infrastructure;
c) In the event industrial clusters have been established within a district, the average occupancy rate of those industrial clusters must exceed 50% or the clusters’ total area of industrial land yet to be leased out must be less than 50 ha.
2. Conditions for expansion of an industrial cluster:
a) The industrial cluster must not exceed 75 ha and available land is suitable for the the land use planning and land use plan within the district;
b) There is an enterprise or cooperative that has a legal status, capacity and experience to invest in construction of technical infrastructure or a unit that is assigned to invest in construction of technical infrastructure;
c) The occupancy rate is at least 60% or the demand for leasing industrial land in the industrial cluster exceeds the area of current industrial land of the industrial cluster;
d) The industrial cluster has completed construction of and put shared technical infrastructural constructions into normal operation in line with the approved detailed planning.
Article 11. Application for establishment or expansion of an industrial cluster
1. An application for establishment or expansion of an industrial cluster includes:
a) An application form for establishment or expansion of an industrial cluster, which is submitted by the district-level People’s Committee;
b) The written request for acting as the investor in technical infrastructure construction project or written request for establishment or expansion of the industrial cluster from the unit assigned to construct industrial cluster infrastructure enclosed with an report on investment in establishment or expansion of the industrial cluster;
c) A copy of certificate of establishment or a document proving legal status;
d) A copy of one of the following documents: the investor's financial statements of the last two years; parent company's commitment to provide financial assistance; financial institution’s commitment to provide financial assistance; guarantee for investor’s financial capacity; explanation for investor’s financial capacity;
dd) Other documents.
2. Main contents of the report on investment in establishment or expansion of the industrial cluster:
a) Legal bases, necessity and assessment of conformity with and satisfaction of the conditions for establishment or expansion of the industrial cluster; impacts of industrial parks on the investment efficency and occupancy rate of the industrial cluster.
b) Current use of land, orientation for arranging industries that prove connective and supportive to production; land use structure and expected attraction of investment in the industrial cluster; assessment of ability to connect technical infrastructure inside and outside the industrial cluster;
c) Determination of the objectives, area, location and scope of investment in technical infrastructure construction; analysis of alternatives and selection of an alternative on investment in construction of system of technical infrastructural constructions; plan on land clearance and relocation assistance (if any); schedule for project execution in conformity with reality and ability to mobilize resources; plan and schedule for attracting investment in and relocation to the industrial cluster, and its occupancy rate.
d) Assessment of investor's capacity and legal status; expected total investment capital, structure and ability to balance and raise investment capital (including public investment capital if available) for execution of the project;
dd) Costs of maintenance and operation of the system of technical infrastructural constructions, other relevant costs; methods of managing and operating such system after being put into operation;
e) Assessment of current status of the environment, environmental management, ability to receive waste around the area where the industrial cluster is expected to be established or expanded; forecasting sources of waste and environmental impacts of industries in which investment is expected to made in the industrial cluster and environmental management plan;
g) Preliminary analysis and assessment of socio-economic efficiency of the industrial cluster; solutions for organizing implementation.
Article 12. Sequence of establishing or expanding an industrial cluster
1. The enterprise or cooperative shall submit its written request for acting as the investor in technical infrastructure construction project or the unit assigned to construct industrial cluster infrastructure shall submit its written request for establishment or expansion of the industrial cluster enclosed with an report on investment in establishment or expansion of the industrial cluster to the district-level People’s Committee.
2. Within 5 working days, the district-level People’s Committee shall take charge and cooperate with the enterprise or cooperative or unit assigned to invest in technical infrastructure construction in preparing 08 sets of application for establishment or expansion of the industrial cluster (including at least 02 original sets), and submit them to the Department of Industry and Trade, which will take charge and cooperate with relevant departments in appraising the application.
3. Within 15 working days from the receipt of a sufficient application, the Department of Industry and Trade shall finish the appraisal and submit a report on establishment or expansion of the industrial cluster to the provincial People’s Committee.
In the event the application or contents of the report on establishment or expansion of the industrial cluster fails to satisfy the requirements, the Department of Ministry and Trade shall request the district-level People’s Committee in writing to complete the application. The time for completing the application shall not be included in the time for appraisal.
4. Within 5 working days from the receipt of 1 set of application for establishment or expansion of the industrial cluster and an appraisal report from the Department of Industry and Trade, the provincial People’s Committee shall decide whether to establish or expand the industrial cluster. A copy of the decision on establishment or expansion of the industrial cluster shall be submitted to the Ministry of Industry and Trade.
In case where the establishment or expansion of the industrial cluster results in a change of the area which is 5 ha more than the area mentioned in the approved planning, the provincial People's Committee shall reach a written agreement with the Ministry of Industry and Trade before approval.
Article 13. Contents of appraisal of establishment or expansion of an industrial cluster
1. The legitimacy and validity of the application for establishment and expansion of an industrial cluster.
2. Contents and feasibility of the report on investment in establishment or expansion of the industrial cluster:
a) Legal bases, necessity, conformity and satisfaction with the conditions for establishment or expansion of the industrial cluster;
b) Name, area, objectives, industries and selection of an alternative for investment in technical infrastructure construction;
c) The investor’s capacity, legal status, total investment capital, structure, ability to balance and solutions to raise capital for the completion of technical infrastructure construction (if the public investment capital is available, the procedures set out in the law on public investment must be complied with);
d) Relevant costs and methods of managing and operating technical infrastructure after being put into operation;
dd) Solutions for attracting investment and relocation, and socio-economic and environmental efficiency of the industrial cluster.
Article 14. Main contents of the decision on establishment or expansion of an industrial cluster
1. Name, area, location and main industries.
2. Investor in construction of technical infrastructure.
3. Scale of investment in technical infrastructure construction, total investment capital and structure of investment capital sources.
4. Schedule for execution of the technical infrastructure construction project.
5. Investment incentives and assistance and conditions for application thereof (if any).
6. Effective date of the decision on establishment or expansion of the industrial cluster.
Tìm kiếm
Nghị định 68/2017/NĐ-CP về quản lý, phát triển cụm công nghiệp (Bản Word)
Nghị định 68/2017/NĐ-CP về quản lý, phát triển cụm công nghiệp (Bản Pdf)