Chương III Nghị định 68/2017/NĐ-CP về quản lý, phát triển cụm công nghiệp: Đầu tư xây dựng hạ tầng kỹ thuật cụm công nghiệp

Chapter III

INVESTMENT IN CONSTRUCTION OF INDUSTRIAL CLUSTER INFRASTRUCTURE

Article 15. Investors in construction of industrial cluster infrastructure

1. The selection of an investor in construction of industrial cluster infrastructure shall be made during the stage of establishment or expansion of the industrial cluster.

2. For disadvantaged or extremely disadvantaged areas and areas that are incapable of attracting any enterprise to invest in and commercially operate industrial cluster infrastructure, the provincial People's Committee shall, at the request of the district-level People's Committee and the Department of Industry and Trade, assign one of the following units to act as an investor in construction of industrial cluster infrastructure:

a) The district-level industrial cluster development center established under the Regulation on the management of industrial clusters promulgated together with the Prime Minister’s Decision No. 105/2009/QD-TTg dated August 19, 2009;

b) The district-level industrial cluster management board;

c) A public service provider affiliated to the Department of Industry and Trade.

3. Priority should be given to selection of an enterprise or cooperative to act as the investor in the construction of industrial cluster infrastructure. If multiple enterprises and cooperatives wish to act as the investor in the construction of technical infrastructure, based on each enterprise and cooperative’s financial capacity and experience and the feasibility of the report on investment in establishment or expansion of the industrial cluster, the Department of Industry and Trade shall request the provincial People’s Committee to decide to make a selection in accordance with regulations of law.

Article 16. Sequence of investment in construction of industrial cluster infrastructure

1. Prepare and approve the report on investment in establishment or expansion of the industrial cluster.

2. Formulate and approve the detailed planning for industrial cluster construction.

3. Set up and approve the industrial cluster infrastructure construction project.

4. Organize construction of technical infrastructural constructions, and manage and operate such technical infrastructural constructions after their completion.

Article 17. Detailed planning for industrial cluster construction

1. The district-level People’s Committee shall direct agencies and units to organize formulation and approval of the detailed planning for industrial cluster construction within the district before attracting or relocating enterprises and production establishments to the industrial cluster. Contents of the detailed planning must conform to the report on investment in establishment or expansion of the industrial cluster, include technical infrastructural constructions serving environmental protection suitable for industries of the industrial cluster and regulations on treatment and discharge of wastewater into water sources in accordance with regulations of law.

2. The contents and sequence of formulating, appraising, approving and managing the detailed planning for industrial cluster construction shall comply with applicable regulations on construction. The construction detailed planning shall serve as the basis for formulating, appraising and approving the industrial cluster infrastructure construction project.

3. At the request of the district-level People’s Committee, the provincial People’s Committee shall provide guidance on planning and providing residential land in appropriate locations within the district to build residential houses for employees working in industrial clusters.

4. The funding for formulation of the detailed planning for industrial cluster construction is included in the annual local government budget; if an enterprise or cooperative acts as the investor in construction of industrial cluster infrastructure, the funding for formulation of the detailed construction planning is part of the capital ready for investment and included in the project’s total investment capital.

Article 18. Investment in construction of industrial cluster infrastructure

1. Management of a technical infrastructure construction project:

a) The system of shared technical infrastructure system of an industrial cluster shall be designed simultaneously and synchronously in an investment project to save costs, ensure land use efficiency, and facilitate construction, repair and operation of technical infrastructural constructions. The project shall conform to the contents of the report on investment in or expansion of the industrial cluster and the approved detailed planning. It is not required to follow procedures for obtaining a decision on investment guidelines.

The investor shall set up and execute the industrial cluster infrastructure construction project. The contents and sequence of setting up, appraising, approving and managing the project shall comply with regulations of law on investment and construction.

b) During the stages of preparation and execution of the project, the investor shall prepare, request and organize implementation of the environmental impact assessment report after the report has been approved by a competent authority, take measures to protect the environment and take actions against pollution, degradation and depletion of water sources as prescribed by law; the funding for preparation of the environmental impact assessment report shall be covered by the investment capital for the project.

c) The Department of Natural Resources and Environment shall take charge and cooperate with the Department of Industry and Trade and district-level People’s Committee in inspecting and supervising the investor’s compliance with the contents of the environmental impact assessment report; promptly discover and take actions against violations of the law on environmental protection.

2. The investor shall submit a report on investment in construction of industrial cluster infrastructure to the local statistics authority according to regulations of the Law on Statistics; and 01 copy of the report shall be sent to the Department of Industry and Trade. The report shall contain the schedule for making investment in infrastructure, capital disbursed, investment results of the project, results of attraction of investment to industrial clusters, payments made to the budget, results of receipt of the State incentives and assistance, labor, environmental protection and specialized norms by operating fields.

Article 19. Management of public services and utilities

1. Shared public services and utilities in an industrial cluster include security and order protection; communications systems; water supply and drainage; environmental hygiene, waste and wastewater treatment; fire prevention and fighting; maintenance, servicing and operation of technical infrastructural constructions and other services and utilities.

Prices for use of shared public services and utilities are determined under an agreement signed between service users and the investor in construction of industrial cluster infrastructure. In case of failure to reach an agreement, the investor in construction of industrial cluster infrastructure shall notify the district-level People’s Committee for resolution as prescribed in law.

2. The investor in construction of industrial cluster infrastructure shall organize provision and management of shared public services and utilities in the industrial cluster; shall make and approve the Regulation on management of public services and utilities according to the opinions of businesses in the industrial cluster, which must comply with regulations of law. Within 5 working days from the date on which the decision on approval of Regulation on management utilities and public services is made, the investor shall submit it to the Department of Industry and Trade and the district-level People's Committee for monitoring and management purposes.

3. The resolution of complaints and disputes arising from the management, provision and use of shared public services and utilities in an industrial cluster must comply with regulations of law.

Article 20. Rights of investors in construction of industrial cluster infrastructure

Every investor in construction of industrial cluster infrastructure has the right to:

1. encourage and receive investment projects into the industrial cluster according to the detailed planning and industries approved by the competent authority.

2. raise capital for construction of industrial cluster infrastructure in accordance with law.

3. invest in construction of factories, warehouses and offices for lease or sale to enterprises and trade in other public services and utilities in the industrial cluster in accordance with the law.

4. sublease or transfer the rights to use land on which shared technical infrastructure has been constructed; determine prices for subleasing or transferring such rights, prices for rental or sale of factories, warehouses and offices and prices for other public services and utilities. If the investor in construction of industrial cluster infrastructure is the district-level industrial cluster management board, the district-level industrial cluster development center or the public service provider affiliated to the Department of Industry and Trade, the Department of Industry and Trade shall request a competent authority to decide on the land sublease or transfer of land use rights, prices for such sublease or transfer, prices for rental or sale of factories, warehouses, and offices, and prices for other public services and utilities.

5. request a competent authority to revoke the investment guideline decision or the investment registration certificates or take actions against the investment projects which violate the law, have been terminated or have not been executed for a 12 month period.

6. receive incentives and assistance prescribed in this Decree and relevant law.

Article 21. Obligations of investors in construction of industrial cluster infrastructure

Every investor in construction of industrial cluster infrastructure has the obligation to:

1. execute its industrial cluster infrastructure construction project in accordance with the approved detailed planning and ensure the construction is carried out on schedule, otherwise the investor in construction of technical infrastructure must apply for extension and obtain approval by the competent authority in accordance with regulations of law on investment.

2. maintain the system of shared technical infrastructure systems of the industrial cluster throughout its operation duration; provide public services and utilities (if any) serving production and business in the industrial cluster.

3. supply water for on-site firefighting; ensure the safe distance from sources of heat, electrical equipment and system for preventing fire from inflammable materials and areas in the vicinity of the industrial cluster.

4. fulfill obligations according to regulations of laws on land, finance, accounting, auditing, statistics, insurance, labor, construction standards, occupational safety, industrial sanitation and environmental protection.

5. assist and enable organizations and individuals to follow the procedures to start their production and business in the industrial clusters.

6. submit annual reports to the Department of Industry and Trade and make publicly available information on area of land yet to be leased out or subleased in the industrial cluster on the websites of enterprises and local governments.

7. fulfill other obligations prescribed by law.