Chương IV Nghị định 68/2017/NĐ-CP về quản lý, phát triển cụm công nghiệp: Đầu tư sản xuất kinh doanh trong cụm công nghiệp

Chapter IV

INVESTMENT IN PRODUCTION AND BUSINESS IN INDUSTRIAL CLUSTERS

Article 22. Receving investment projects into industrial clusters

Organizations and individuals wishing to invest in, and production establishments wishing to relocate to an industrial cluster shall contact the investor in construction of technical infrastructure for instructions on planning, on arrangement of industries, on rents for land and factories, warehouses and offices, fees for use of public services and utilities and on procedures for executing investment projects in the industrial cluster, and shall sign an in-principle agreement on the locations and area of industrial land expected to be leased.

Article 23. Land lease and issuance of construction permits in industrial clusters

1. Organizations and individuals making investment in an industrial cluster shall follow the procedures for leasing land from the State or subleasing land from the investor in construction of technical infrastructure; manage and use land in accordance with the law on land.

2. Construction works in an industrial cluster for which the detailed planning with a scale of 1/500 has been approved and for which the design has been appraised are exempt from construction permits. In this case, the organizations and individuals shall send written notice of the date of commencing building of construction works enclosed with the construction design dossier to the district-level People’s Committees for monitoring and archiving purposes.

Article 24. Rights of businesses in industrial clusters

Every business in an industrial cluster has the right to:

1. use land and have land use term extended in accordance with the Law on Land; sublease a piece of land, a factory, warehouse, office and property on such land in accordance with law.

2. use and pay fees for technical infrastructural constructions, public services and other services as prescribed.

3. advance or contribute capital to construct and commercially operate technical infrastructure by agreement with the investor in infrastructure construction.

4. receive assistance in recruiting and training employees to meet production and business requirements.

5. receive instructions and assistance in following procedures for investment in production and business in the industrial cluster.

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

Article 25. Obligations of businesses in industrial clusters

Every business in an industrial cluster has the obligation to:

1. use land and execute investment projects, and carry out business and production activities under economic contracts signed with the investor in construction of technical infrastructure and the decision on approval of investment guidelines or the investment registration certificate (if any); if any term or time limit is exceeded, inform the investor and the competent authority for extension.

2. fulfill obligations according to regulations of the laws on business registration, investment, finance, accounting, auditing, statistics, insurance, occupational safety and health, environmental protection, fire and explosion prevention and fighting, order and security, payment of fees for use of infrastructure and other public services and utilities as agreed.

3. participate in attracting employees and creating local jobs, give priority to employees who are policy beneficiaries and households whose land has been expropriated for construction of the industrial cluster.

4. fulfill other obligations prescribed by law.

Article 26. Management of production and business activities

1. Production and business activities in an industrial cluster shall comply with applicable regulations of law. Businesses must prepare and implement an environmental protection plan or environmental impact assessment report as prescribed by law.

2. Specialized inspection of businesses shall be conducted in accordance with the plan approved by the competent authority and once a year unless any violation against the law is suspected. The inspecting authority shall regularly cooperate with the Department of Industry and Trade, the district-level People’s Committees and investor in construction of technical infrastructure in preventing and taking actions against violations of law committed in the industrial cluster. 

3. Organizations and individuals making investment in an industrial cluster shall submit a report on their production and business to a local statistics authority as prescribed by the Law on Statistics. Quarterly and annually, the local statistics authority shall submit consolidated reports on production and business to the district-level People’s Committee and the Department of Industry and Trade for management.