Quyết định 105/2009/QD-TTg

DECISION

PROMULGATING THE REGULATION ON MANAGEMENT OF INDUSTRIAL COMPLEXES

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Investment Law;
Pursuant to the November 29, 2005 Enterprise Law;
Pursuant to the November 26, 2003 Construction Law;
Pursuant to the November 26, 2003 Land Law;
Pursuant to the November 29, 2003 Law on Environmental Protection;
At the proposal of the Minister of Industry and Trade,

DECIDES:

Article 1. To promulgate together with this Decision the Regulation on management of industrial complexes.

Article 2. To assign the Ministry of Industry and Trade to assume the prime responsibility for, and coordinate with concerned ministries and branches in. guiding the implementation of this Decision.

Article 3. This Decision takes effect on October 5, 2009. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People's Committees, and concerned organizations and individuals shall implement this Decision.

REGULATION

ON MANAGEMENT OF INDUSTRIAL COMPLEXES
(Promulgated together with the Prime Minister's Decision No. 105/2009/QD-TTg of August 19, 2009)

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. Scope of regulation: This Regulation provides for plannings on, supplementation of plannings on, and establishment and expansion of, industrial complexes; construction and commercial operation of industrial complex infrastructure; investment in production, business and service activities within industrial complexes; and state management of industrial complexes nationwide.

2. Subjects of application:

a/ Enterprises, organizations and individuals that build and commercially operate industrial complex infrastructure and conduct production, business and service activities within industrial complexes;

b/ State management agencies, and other organizations conducting activities related to the management and operation of industrial complexes.

Article 2. Interpretation of terms

1. Industrial complex means a delimited geographical area without residents in which enterprises, industrial and cottage-industrial production establishments and establishments providing services for industrial and cottage-industrial production are concentrated; which is built mainly for the relocation, rearrangement and attraction of local production establishments, small- and medium-sized enterprises, individuals and households to conduct production and business activities; and which is established under decision of the People's Committee of a province or centrally run city (below collectively referred to as provincial-level People's Committee). Industrial complexes operate under this Regulation and relevant provisions of law.

An industrial complex has an area not exceeding 50 (fifty) hectares. When it is necessary to expand an existing industrial complex, the total area of an expanded industrial complex must not exceed 75 (seventy five) hectares.

2. Commercial operators of industrial complex infrastructure (below referred to as infrastructure operators) include enterprises, organizations and individuals that are established and operate or register business under Vietnamese law and directly build and commercially operate industrial complex infrastructure. If a to-be-established or -expanded industrial complex has no infrastructure operator, an industrial complex development center may be established.

3. Infrastructure of an industrial complex consists of internal roads, water supply and drainage, wastewater and waste treatment, electricity supply, public lighting and internal communication systems, administration and security houses, and other works serving the industrial complex's operation.

4. Production and business enterprises within an industrial complex (below referred to as enterprises) include enterprises, cooperatives and cooperative groups established under Vietnamese law; and individuals and households that register business under law and conduct production and business activities and provide services for production and business activities within the industrial complex.

5. Industrial complex development center means a revenue-generating economic non­business unit attached to the district-level People's Committee and established to perform the functions and tasks of an infrastructure operator. The organizational structure, payroll and operating funds of an industrial complex development center comply with law.

6. Industrial land area means land area of an industrial complex reserved for production, business and service activities.

7. Occupancy ratio means the ratio between the industrial land area already leased or registered for lease and the total industrial land area.

Article 3. Domains, trades and production establishments eligible for investment promotion in industrial complexes

1. Agricultural, forestry and fishery product processing.

2. Production of new products and import substitutes.

3. Production of products using on-spot materials and labor-intensive production.

4. Production of products and spare parts, assembly and repair of machinery and equipment for agriculture and rural areas.

5. Allied industries.

6. Production establishments applying advanced technologies and environmentally friendly scientific-research results.

7. Polluting or likely polluting industrial and cottage-industrial production establishments which need to be relocated out of craft villages and residential areas.

8. Service establishments supporting industries and cottage industries.

9. Other domains and trades which are in line with local industrial and cottage-industrial development plannings and are eligible for investment incentives offered by provincial-level People's Committees, which must not be higher than those prescribed by law.

Chapter II

PLANNING ON, ESTABLISHMENT AND EXPANSION OF, INDUSTRIAL COMPLEXES, SUPPLEMENTATION OF PLANNING ON INDUSTRIAL COMPLEXES

Article 4. Plannings on development of industrial complexes

1. Based on local socio-economic and industrial and cottage-industrial development plannings. land use plannings and plans and other relevant plannings. provincial-level Industry and Trade Departments shall assume the prime responsibility for, and coordinate with other departments, branches and district-level People's Committees in, drafting plannings on the development of industrial complexes in their localities, then submit them to provincial-level People's Committees for approval after reaching agreement with the Ministry of Industry and Trade. Depending on the practical situation and conditions as well as industrial and cottage-industrial development requirements and objectives in its locality in each period, the provincial-level People's Committee shall decide to formulate a separate planning on industrial complex development or include industrial complex development contents in the province's industrial and cottage-industrial development planning.

2. An industrial complex development planning covers:

a/ Legal grounds and the necessity for the planning formulation;

b/ Overview of the actual development of industries and industrial parks in the locality;

c/ Analysis and assessment of the actual construction and development of industrial complexes already planned and established in the locality:

- Identifying the position and role of industrial complexes for local socio-economic development and industrial development;

- Analyzing and assessing pluses and minuses of the construction and development of industrial complexes;

- Forecasting factors that will affect the demand for development of industrial complexes, the attraction of investment in industrial-complex infrastructure, and land lease needs of enterprises and industrial production establishments in the locality.

d/ Orientations for distributing and developing industrial complexes in the locality, including names, locations, expected sizes and land arrangement capacity (on the principle of not using land already planned for paddy), characteristics of trades and conditions for connection to outside infrastructure, of to be-planned industrial complexes;

e/ Solutions, mechanisms and policies and implementation plans;

f/ Strategic environmental impact assessment:

g/ Planning alternatives expressed on the planning map.

3. The order of formulating, approving and managing an industrial complex development planning complies with current regulations on formulation, approval and management of socio­economic development master plans. An industrial complex development planning of a locality must be publicized within 30 days after the planning-approving decision is issued.

4. An approved industrial complex development planning serves as a basis for considering and deciding on the establishment of industrial complexes, attracting investment in infrastructure construction, planning the relocation of polluting or likely polluting enterprises or production establishments out of craft villages and residential areas, and mobilizing and attracting investment in production and business within industrial complexes.

Article 5. Establishment of an industrial complex

1. Conditions for establishing an industrial complex:

a/ Complying with the approved industrial complex development planning;

b/ Being capable of reaching an occupancy ratio not below 30% within one year after establishment;

c/ Having investor(s) to build industrial complex infrastructure.

2. Procedures for establishing an industrial complex:

a/ Based on industrial-complex establishment conditions, the district-level People's Committee shall submit a dossier of request for industrial complex establishment to the provincial-level Industry and Trade Department for evaluation.

b/ The provincial-level Industry and Trade Department shall assume the prime responsibility for, and coordinate with concerned departments and branches in. examining the dossier of request for industrial complex establishment, and submit it to the provincial-level People's Committee.

Within 15 working days after receiving a valid dossier, the provincial-level Industry and Trade Department shall examine and submit it to the provincial-level People's Committee. Within 10 working days after receiving the dossier enclosed with the written evaluation of the provincial-level Industry and Trade Department, the provincial-level People's Committee shall consider and decide whether to establish an industrial complex.

One (1) copy of the industrial-complex establishment decision shall be sent to the Ministry of Industry and Trade for general monitoring and instruction.

3. A dossier of request for industrial complex establishment comprises:

a/ The district-level People's Committee's written request for industrial complex establishment to the provincial-level People's Committee;

b/ An investment report on industrial complex establishment:

c/ A valid copy of the decision approving the province's industrial complex development planning (or the document supplementing the planning); other relevant documents (if any).

The dossier shall be made in 8 sets (including 2 original sets) and submitted to the provincial-level Industry and Trade Department.

4. An investment report on industrial complex establishment covers:

- The necessity to establish an industrial complex;

- Practical needs and conformity with approved relevant plannings (planning on industrial complex development, land use planning and plan, construction planning, etc.);

- Actual land use status and orientations for arranging trades, land use structure, and to be-attracted investment in the industrial complex;

- Projected boundaries, land area and connection of technical infrastructure facilities inside and outside the fence; assessment report on environmental impacts of the industrial complex; initial orientations, analysis and selection of investment options for industrial-complex infrastructure facilities;

- Ground clearance, support and resettlement plan;

- Expected socio-economic benefits of the industrial complex;

- Preliminary identification of sources of investment capital, investors and methods to implement and manage the construction and operation of industrial complex infrastructure:

- Projected possibility of land lease after establishment;

- Implementation solutions and schedule.

Article 6. Expansion of an industrial complex

1. Conditions for expanding an industrial complex:

a/ Having a land fund conformable with the district's land use planning, meeting the demand for expanding the industrial complex:

b/ When need for renting industrial land in the industrial complex surpasses the available industrial land area of the industrial complex;

c/ Having reached an occupancy ratio of at least 60% (sixty per cent);

d/ Having consolidated wastewater treatment works, for an industrial complex of 15 (fifteen) hectares or larger.

2. Procedures for expanding an industrial complex:

a/ Based on industrial-complex expansion conditions, the district-level People's Committee shall submit a dossier of request for industrial complex expansion to the provincial-level Industry and Trade Department for evaluation.

b/ The provincial-level Industry and Trade Department shall assume the prime responsibility for, and coordinate with concerned departments and branches in. examining the dossier of request for industrial complex expansion, and submit it to the provincial-level People's Committee.

Within 10 working days after receiving a valid dossier, the provincial-level Industry and Trade Department shall examine and submit it to the provincial-level People's Committee. Within 7 working days after receiving the dossier enclosed with the written evaluation of the provincial-level Industry and Trade Department, the provincial-level People's Committee shall consider and decide whether to expand an industrial complex.

One (1) copy of the industrial-complex expansion decision shall be sent to the Ministry of Industry and Trade for general monitoring and instruction.

3. A dossier of request for industrial complex expansion comprises:

- The district-level People's Committee's written request to the provincial-level People's Committee for industrial complex expansion;

- An investment report on industrial complex expansion, including the necessity to expand the industrial complex, explaining the satisfaction of industrial-complex expansion conditions specified in Clause 1 of this Article; assessment of the development of the existing industrial complex; orientations for expanding the industrial complex (boundaries, area, land use status, connection of technical infrastructure facilities inside and outside the fence; ground clearance, support and resettlement plan); preliminary identification of sources of investment capital and implementation methods; implementation solutions and schedule; projected possibility of land lease and expected socio­economic benefits of the expanded industrial complex.

The dossier shall be made in 8 sets {including 2 original sets) and submitted to the provincial-level Industry and Trade Department.

Article 7. Supplementation of an industrial complex development planning

1. Conditions on a new industrial complex to be added to the approved planning:

a/ Being in line with the socio-economic development planning and plan, industrial and cottage-industrial development planning, land use planning and plan and other relevant plannings in the locality;

b/ The average occupancy ratio of industrial complexes operating in the district have reached at least 60% (sixty per cent);

c/ Having an industrial land fund large enough for establishing a new industrial complex;

d/ Having the demand for lease of land for production and business in line with orientations of the industrial and cottage-industrial development planning in the locality, while industrial complexes operating in the district fail to meet investor requirements (regarding location, area, production trades, etc.).

2. Procedures for supplementing an industrial complex development planning:

a/ Based on industrial complex planning supplementation conditions, the district-level People's Committee shall send a report enclosed with a dossier of request for the supplementation of the industrial complex development planning in the locality to the provincial-level Industry and Trade Department for evaluation.

b/ The provincial-level Industry and Trade Department shall assume the prime responsibility for, and coordinate with concerned departments and branches in, considering the necessity to add an industrial complex to, and the conformity with, the industrial and cottage-industrial development planning in the locality, then submit them to the provincial-level People's Committee for consideration and decision after reaching agreement with the Ministry of Industry and Trade.

One (1) copy of the decision approving the supplementation of the industrial complex development planning shall be sent to the Ministry of Industry and Trade for general monitoring and instruction.

3. A dossier of request for supplementation of an industrial complex planning comprises:

- The district-level People's Committee's written request to the provincial-level People's Committee for supplementation of an industrial complex planning;

- A report on the supplementation of the industrial complex development planning, including the necessity to expand the industrial complex, explaining the satisfaction of industrial complex planning supplementation conditions specified in Clause 1 of this Article; orientations for distributing and developing industrial complexes in the locality, indicating names, locations, projected areas, actual land use status, land under paddy, characteristics of trades and conditions regarding outside infrastructure of to be-planned industrial complexes;

The dossier shall be made in 8 sets (including 2 original sets) and submitted to the provincial-level Industry and Trade Department.

Chapter III

INVESTMENT IN CONSTRUCTION OF INDUSTRIAL COMPLEX INFRASTRUCTURE

Article 8. Detailed plannings on industrial complexes

Before formulating a construction investment project, an infrastructure operator shall elaborate a detailed planning on industrial complex construction. The order of elaborating, evaluating, approving and managing detailed plannings on industrial complex construction complies with current regulations on construction planning.

Article 9. Infrastructure operators

1. Infrastructure operators shall be selected at the stage of establishing or expanding an industrial complex.

2. In case a to be-established or –expanded industrial complex has no infrastructure operator, the industrial complex development center will commercially operate its infrastructure.

Article 10. Formulation of work construction investment projects

The contents and order of formulating, evaluating, approving and managing an investment project on industrial-complex infrastructure construction comply with the laws on investment and construction.

The project's contents on environmental impact assessment must be elaborated, evaluated and approved under the law on environmental protection.

Article 11. Rights and obligations of infrastructure operators

1. An infrastructure operator has the following rights:

a/ To mobilize investment in industrial complexes in line with approved detailed plannings;

b/ To raise capital for building industrial complex infrastructure under law;

c/ To sublease land and transfer land use rights under law;

d/ To build workshops within industrial complexes for lease or sale to enterprises;

e/ To provide public services and other utilities within industrial complexes in accordance with their investment certificates or business registration certificates:

f/ To decide on land sublease and transfer prices, rents or selling prices of workshops, and other charges for public services and other utilities. In case an industrial complex's infrastructure is managed and commercially operated by an industrial-complex development center, land sublease prices, rents or selling prices of workshops, and other charges for public services and other utilities shall be decided by a competent agency;

g/ To enjoy investment incentives and other incentives and supports as provided for by law.

2. An infrastructure operator has the following obligations:

a/ To implement investment projects on industrial complex technical infrastructure according to approved detailed plannings and schedules indicated in the projects under the Land Law. Past the prescribed time limit, the infrastructure operator may request extension of this time limit as approved by a competent agency;

b/ To regularly repair and maintain infrastructure facilities within industrial complexes throughout the operation duration; to provide investment-related services within industrial complexes; to provide services and utilities (if any) for production and business within industrial complexes;

c/ To fulfill obligations provided for by the laws on finance, accounting, audit, statistics, insurance, labor, and construction standards; and regulations on labor safety, industrial sanitation, environmental protection, fire and explosion prevention and fighting, etc.;

d/ To act as the focal point in assisting enterprises in investment registration and applica­tion for certificates of investment in industrial complexes. To create favorable conditions for enterprises to implement investment projects on production and business within industrial complexes;

e/ To periodically report to the district-level People's Committee of the locality where exist industrial complexes and to the provincial-level Industry and Trade Departments, and perform other obligations as provided for by law.

Chapter IV

INVESTMENT IN PRODUCTION, BUSINESS AND SERVICE ACTIVITIES WITHIN INDUSTRIAL COMPLEXES

Article 12. Receipt of production investment projects in industrial complexes

Enterprises wishing to invest in production and business activities in industrial complexes shall contact infrastructure operators for instructions on plannings, arrangement of trades, land prices and workshops within industrial complexes, and sign in-principle agreement contracts on the location, industrial land area to be leased for implementing investment projects in industrial complexes under the laws on investment and construction.

Article 13. Use of land within industrial complexes

Enterprises wishing to use land within industrial complexes shall contact infrastructure operators for instructions on procedures for lease or allocation of land (with infrastructure) under the land law.

Article 14. Rights and obligations of enterprises

1. An enterprise has the following rights:

a/ To use land and have the use duration of land within industrial complexes extended under the Land Law; to sublease or transfer the land area, its workshops and assets on leased land under law;

b/ To use and pay charges for infrastructure facilities and public and other services within industrial complexes under regulations;

c/ To contribute capital to building and commercially operating infrastructure as agreed with the infrastructure operator;

d/ To enjoy assistance in recruiting and training labor to meet production and business requirements:

e/ To enjoy other incentives and supports as provided for by law.

2. An enterprise has the following obligations:

a/ To use land and implement investment projects and conduct production and business activities in accordance with registered activities or granted investment certificates;

b/ To fulfill obligations as provided for by the laws on business registration, investment, finance, accounting, audit, statistics, insurance, and labor: and regulations on labor safety, industrial sanitation, environmental protection, fire and explosion prevention and fighting, etc.;

c/ To actively participate in attracting labor and creating jobs in the locality where industrial complexes are situated, firstly for policy beneficiaries and members of households whose land has been recovered for the construction of industrial complexes;

d/ To periodically report to the district-level People's Committee of the locality where exist industrial complexes and to the provincial-level Industry and Trade Department, and perform other obligations as provided for by law.

Article 15. Management of public services and utilities

1. Infrastructure operators shall provide public services and utilities related to security, order, environmental sanitation, wastewater and waste treatment, regular repair and maintenance of technical infrastructure facilities within industrial complexes, and other utility services. The rates of charges for public services and utilities shall be determined as agreed in contracts signed between service users and infrastructure operators.

2. Complaints and disputes arising in the management, provision and use of public services and utilities within industrial complexes shall be settled under law.

Article 16. Management of production and business activities

Production and business activities within industrial complexes shall be managed under current law. Specialized examination and inspection of enterprises shall be conducted under plans approved by competent state agencies in accordance with the inspection law.

Chapter V

STATE MANAGEMENT OF INDUSTRIAL COMPLEXES

Article 17. Contents of state management of industrial complexes

1. Elaborating, promulgating, disseminating, guiding, and organizing the implementation of, laws, mechanisms, policies, standards and technical regulations related to the establishment and operation of industrial complexes.

2. Elaborating, and directing the implemen­tation of, industrial complex development plannings, programs and plans.

3. Issuing, modifying and revoking investment certificates, business registration certificates, licenses and certificates related to activities within industrial complexes.

4. Directing and organizing the provision of public services for investment, production and business activities of organizations and individuals within industrial complexes.

5. Building and managing databases on industrial complexes: directing investment promotion activities in industrial complexes.

6. Prescribing the organizational apparatus of, and providing professional training and retraining for agencies in charge of state management of industrial complexes.

7. Conducting inspection, examination, supervision and assessment of investment effectiveness, resolution of complaints and denunciations, commendation, handling of violations, and settlement of problems arising in the course of establishment, operation and development of industrial complexes.

Article 18. Responsibilities of ministries and branches

1. The Ministry of Industry and Trade shall perform the state management of industrial complexes nationwide, covering:

a/ Managing industrial complex development plannings;

b/ Elaborating and promulgating, or requesting competent agencies to promulgate, legal documents, mechanisms and policies on industrial complex development;

c/ Giving guidance and comments on the formulation, evaluation and supplementation of industrial complex development plannings of provinces and centrally run cities;

d/ Taking charge of implementing international cooperation programs on industrial complex development; organizing excursions and surveys to learn experience from industrial complex development models in the world:

e/ Assuming the prime responsibility for. and coordinating with ministries, branches and provincial-level People's Committees in, providing guidance and training and retraining in managerial skills to cadres and civil servants in charge of state management of industrial complexes;

f/ Assuming the prime responsibility for, and coordinating with the Ministry of Planning and Investment in. providing guidance and solutions for dealing with industrial complexes established before the effective date of this Regulation;

g/ Organizing regular or irregular examination of the implementation of plannings, state regulations and policies on industrial complex development; assessing and supervising the effectiveness of the support of investment in infrastructure development and operation of industrial complexes;

h/ Building and managing databases on industrial complexes nationwide; promulgating forms of regular or irregular report on the situation of industrial complex development; reviewing and assessing operation results and socio-economic benefits of industrial complexes for reporting to the Prime Minister.

2. The Ministry of Planning and Investment shall assume the prime responsibility for. and coordinate with the Ministry of Industry and the Ministry of Finance in, guiding the annual allocation of central budget funds for building industrial complex infrastructure; and at the proposal of the Ministry of Industry and Trade, sum up, plan, and include in plans, capital for building industrial complex infrastructure for localities.

3. The Ministry of Finance shall coordinate with the Ministry of Planning and Investment and the Ministry of Industry and Trade in earmarking and allocating annual central budget capital for building industrial complex infrastructure.

4. The Ministry of Construction shall provide guidance on detailed plannings and construction of technical infrastructure facilities and construction works within industrial complexes.

5. The Ministry of Natural Resources and Environment shall guide the management and environmental protection of industrial complexes: and coordinate with the Ministry of Finance in guiding the collection of environmental protection charges within industrial complexes.

Article 19. Responsibilities of local administrations

1. Provincial-level People's Committees shall perform the state management of industrial complexes in their localities, covering:

a/ Elaborating and approving plannings and plans on the construction of industrial complexes in localities; deciding on the use of local budget capital for building industrial complex infrastructure;

b/ Promulgating according to their competence, and directing the implementation of mechanisms and policies to promote and support the development of industrial complexes suitable to local conditions;

c/ Directing branches and levels to provide timely supports to investors for building industrial complex infrastructure, clear ground, pay compensations, arrange resettlement, build transport, electricity supply, water supply and drainage, post and telecommunications works and worker houses;

d/ Promulgating a regulation on coordination among departments, branches. People's Committees at all levels and concerned units in performing the state management of industrial complexes;

e/ Formulating programs on coordination and cooperation with concerned provinces and centrally run cities in attracting investment in the development of industrial complexes in line with territory-based industrial development plannings;

f/ Making periodical statistics and assessment of the operation of industrial complexes in localities and reporting thereon to the Ministry of Industry and Trade; commending organizations and individuals that have recorded achievements in building and developing industrial complexes.

2. Provincial-level Industry and Trade Departments shall advise and assist provincial-level People's Committees in performing the state management of industrial complexes in localities; assume the prime responsibility for formulating and supplementing industrial-complex development plannings and plans and submitting them to provincial-level People's Committees for approval; examine dossiers of request for establishment or expansion of industrial complexes; give according to their competence comments on basic designs of investment projects on the construction of industrial-complex infrastructure and investment projects on the construction of works within industrial complexes; propose and implement mechanisms, policies and regulations related to industrial complex development; sum up. assess and report on the operation of industrial complexes in localities; and manage according to their competence the operation of enterprises within industrial complexes.

3. District-level People's Committees shall perform the state management of industrial complexes in their localities, covering:

a/ Directing Industry and Trade (or Economics) Sections in the capacity as the focal point in assisting district-level People's Committees in performing the state management of industrial complexes;

b/ Directing their attached professional agencies and commune-level People's Committees in supporting land recovery, compensation, ground clearance and resettlement in order to rapidly build industrial complexes in localities;

c/ Directing the making of dossiers of request for establishment or expansion of, or supplementation of plannings on. industrial complexes in localities; directing the formulation of detailed plannings and construction investment projects and the construction of industrial complexes in localities after these plannings and projects are approved;

d/ Participating in the formulation of plannings on development of industrial complexes in localities.

Chapter VI

ORGANIZATION OF IMPLEMENTATION

Article 20. Organization of implementation

Ministries, ministerial-level agencies and People's Committees at all levels shall, within the ambit of their assigned functions and tasks, organize the implementation of this Regulation.

Ministries, ministerial-level agencies and provincial-level People's Committees should promptly report any problems arise in the course of implementation or necessary amendments, supplementations and adjustments to this Regulation to the Ministry of Industry and Trade for sum-up and reporting to the Prime Minister for consideration and decision.-