|
THE
GOVERNMENT
-------
|
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
---------
|
|
No:
192-CP
|
Hanoi, December 28, 1994
|
DECREE
PROMULGATING
THE REGULATION ON INDUSTRIAL PARKS
THE GOVERNMENT
Pursuant to the Law o n
Organization of the Government on the 30th of September 1992;
Pursuant to the Law on Promotion of Domestic Investment on the 22nd of June
1994;
Pursuant to the Corporate Law adopted on the 21st of December, 1990, and
amended by the Law on Amendments to A Number of Articles of the Corporate Law
adopted on the 22nd of June, 1994;
Pursuant to the Law on Private Business adopted on the 21st of December 1990,
and amended by the Law on Amendments to A Number of Articles of the Law on
Private Business adopted on the 22nd of June 1994;
Pursuant to the Law on Foreign Investment in Vietnam promulgated on the 29th of
December, 1987, and amended and supplemented by the Law on Amendments to A
Number of Articles of the Law on Foreign Investment in Vietnam on the 30th of
June 1990; and by the Law on Amendments to A Number of Article of the Law on
Foreign Investment on the 23rd of December 1992 (hereafter referred to as the
Law on Foreign Investment);
With a view to creating favorable conditions for Vietnamese and foreign
organizations and individuals to invest in Industrial Parks;
At the proposals of the Minister-Chairman of the State Committee for
Cooperation and Investment, and the Minister of Justice,
DECREES:
Article 1.-To issue
together with this Decree the Regulation on Industrial Park.
Article 2.-This Decree
takes effect as from the 1st of January 1995.
Article 3.-The Minister,
the Heads of agencies at ministerial level and the Heads of agencies attached
to the Government are responsible for providing detailed guidance for the
implementation of the Regulation issued together with this Decree.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Vo Van Kiet
REGULATION
ON
INDUSTRIAL PARKS
(Issued
together with Decree No 192-CP on the 28th of December 1994 of the Government)
Chapter I
GENERAL PROVISIONS
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 2.- An Industrial
Park provided for in this Regulation is a concentrated industrial area
established by decision of the Government. It has its defined geographical
area, is specialized in industrial production and provides services in support
of industrial production. It has no inhabitant.
Article 3.-
1) In an Industrial Park, there
are businesses of the following categories:
a) Vietnamese businesses of all
economic sectors.
b) Enterprises with foreign
investment.
2) In an Industrial Park, there
may be export processing zones and export processing enterprises.
Article 4.- In an
Industrial Park, investors are allowed to invest in:
1) Construction of and business
in infrastructure works;
2) Manufacturing,
sub-contracting the manufacture and assembling of industrial products for
export and consumption on the home market.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Chapter II
ENTERPRISES IN AN INDUSTRIAL PARK
Article 5.- Enterprises
in an Industrial Park are business and factories stipulated in Article 3 of
this Regulation, which are established and operated in accordance with the
provisions of law for each business category.
Article 6.- The
Industrial Park Enterprise has the rights:
1) To lease land in the
Industrial Park for the construction of workshops and architectural structures
in support of production and business;
2) To use, and pay for the use
of, the infrastructure projects, public utilities and facilities and services
in the Industrial Park;
3) To organize production and
business activities in accordance with the licensee, contract and enterprise
statute;
4) To make direct export and
import in accordance with the provisions of law;
5) To rent public utilities,
transport means and services from outside the Industrial Park.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1) To observe law, the
Regulation on Industrial Park, the Regulation of the Industrial Park and the
License;
2) To register with the
Managerial Board of the Industrial Park of the volume of products for export
and for consumption on the home market;
3) To discharge financial
obligations toward the Vietnamese State;
4) To open account at a bank on
Vietnamese territory;
5) To effect the accounting and
statistic regimes provided for by Vietnamese law;
6) To buy property insurance and
other insurances provided for by Vietnamese law;
7) To effect measures to ensure
labor safety, industrial hygiene, environmental cleanness and to prevent fire
and explosion.
8) To implement provisions on
security and public order in the Industrial Park.
Chapter III
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 8.- The Vietnamese
Government encourages and creates favorable conditions for companies at home
and abroad specialized in building and business of infrastructural works in
Industrial Parks (Infrastructure Development Company, for short) to be
established and operated in accordance with the provisions of law.
Article 9.-
1) The Infrastructure
Development Company has the rights:
a) To engage in mobilizing
investments in the Industrial Park on the basis of the approved development
plan;
b) To sub-lease land plots
already built with infrastructure works to enterprises stipulated in Article 3
of this Regulation; to rent or sell workshops built by it in the Industrial
Park;
c) To do business in services in
the Industrial Park in compliance with the provisions of the license and
company statute;
d) To set the prices for land
lease, rent or sale of workshops and services, with the approval of the
managerial Board of the Industrial Park;
2) The Infrastructure
Development Company has the duties;
a) To build infrastructure works
in the Industrial Park in compliance with the approved plan, design and time
schedule. If the Company cannot complete the construction as planned, due to a
force majeure or other justifiable reasons, it must, in 30 (thirty) days at the
latest before the expiration of the construction-time limit, request the
competent State authority to extend the time limit. If the time limit expires
and the Company has not requested an extension or has not been granted an
extension, the unused land plot shall be recovered;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c) To ensure industrial,
ecological and environmental hygiene in areas under the responsibility of the
Company in the Industrial Park.
Article 10.- The
construction of buildings and workshops in the Industrial Park must comply with
the procedures and regulations on construction, labor safety, fire and
explosion prevention, and ecological and environmental hygiene.
Article 11.- In case the
construction of buildings and workshops requires a phasing of the land use, the
Industrial P ark enterprise is still allowed to lease at one time the entire
necessary land area. However, it must have a phased plan to use fully the
leased area within a maximal period of 2 (two) years. In the event of a force
majeure or any other justifiable reasons for which the enterprise cannot
fulfill its committee land-use plan, the enterprise must, in 30 (thirty) days
at the latest before the expiration of the time limit, request a time limit
extension. If the time limit has expired or the enterprise is not granted an
extension, the used part of the land plot shall be recovered.
Chapter IV
LABOR RELATIONS IN INDUSTRIAL PARK ENTERPRISE
Article 12.- The labor
relations in the Industrial Park Enterprise age governed by the Labor Code of
Vietnam on the 23rd of June 1994, and the other related legal documents.
Article 13.- Vietnamese
laborers who are employed by the Industrial Park Enterprise must be registered
with the Managerial Board of the Industrial Park.
Article 14.- The
Industrial Park Enterprise shall give priority to employing Vietnamese
laborers, first of all the laborers in the area where the Park is located. With
regard to jobs of which Vietnamese laborers are not yet capable, the enterprise
is allowed to employ foreign laborers for accretion period of time during which
the enterprise shall train Vietnamese laborers to do the jobs in replacement of
the foreign laborers.
Chapter V
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 15.- The tax duty
of the Industrial Park Enterprise:
1) Vietnamese businesses of all
economic sectors shall discharge their tax duty at preferential levels as
stipulated by existing regulations.
2) Foreign-invested enterprises
and their foreign partners shall pay their taxes as follows:
a) Profit tax at:
- 18% of the gained profit for
manufacturing units; and 12% of the gained profit for units which export at
least 80% of the gained profit for units which export at l east 80% of their
products. The enterprise shall be exempted from profit tax for two years from
the date it becomes profitable;
- 22% of the gained profit for
service units. The enterprise shall be exempted from profit tax for one year
from the date it becomes profitable;
b) To pay the other taxes as
stipulated by regulations existing at the time of annual tax payment.
3) The export-processing
enterprises in the Industrial Park shall pay taxes according to the Regulation
on Export Processing Zone issued together with Decree No. 322-HDBT of the 18th
of October 1991, of the Council of Ministers (now the Government).
4) The Infrastructure
Development Companies shall enjoy the preferential tax rates stipulated by the
tax legislation.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 17.- The
management of foreign exchange in the Industrial Park is carried out according
to the provisions of the Vietnamese State.
Chapter VI
ORGANIZATION AND MANAGEMENT OF THE INDUSTRIAL PARK
Article 18.- The
Industrial Park and its Managerial Board shall come under the State management
of the ministries, agencies at ministerial level and agencies attached to the
Government. Depending on the nature of each Industrial Park, the Prime Minister
shall decide which State agency shall assume direct management of the
Industrial Park.
Ministries, agencies at
ministerial level and agencies attached to the Government shall empower the
Managerial Broad of the Industrial Park to perform a number of State management
duties within the Industrial Park.
Article 19.- The People's
Committee of the province or city where the Industrial Park is located has the
duties:
1) To perform State management
functions of the Industrial Park in its territory. With regard to matters
beyond its jurisdiction, it is to coordinate with the special State Committees
and Ministries to solve them;
2) To take part in designing
development plans for the Industrial Park;
3) To supervise and control the
implementation of the provisions on labor safety, environmental hygiene, fire
and explosion prevention and security and order maintenance in the Industrial
Park;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 20.- The
Managerial Board of the Industrial Park is the body directly managing the
Industrial Park. It has the following tasks and functions:
1) To draft the development plan
and the Regulation of the Industrial Park and submit them to the competent
State agency for approval;
2) To mobilize investment in the
Industrial Park;
3) To provide guidance for, and
receive, applications for investment in the Industrial Park and send the
application dossiers to the competent authorities for consideration for
granting licenses.
4) To grant permits for
construction on the basis of approved designs;
5) To control and supervise the
implementation of investment licenses, business licenses, product contracts,
service contracts and the observance of the legal provisions o n labor and
wage;
6) To implement the provisions
on security, safety and public orders within the Industrial Park;
7) To manage servicing
activities within the Industrial Park;
8) To consider and approve land
rent rates and service fees by the Infrastructure Development Company and the
servicing companies;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 21.- The
Managerial Board is composed of a Director, a number of Deputy Directors and an
assisting staff. It has its own seal.
The Director of the Managerial
Board shall be appointed by the Prime Minister at the proposal of the
Minister-Chairman of the Government Commission on Organization and Personnel.
The Deputy Directors shall be
appointed by the President of the People's Committee of the province or city
directly under the Central Government, at the proposal of the Director of the
Managerial Board and with the consent o f the Minister-Chairman of the
Government Commission on Organization and Personnel.
The assisting staff of the
Managerial Board shall be decided by the Director after approval by the
Government Commission on Organization and Personnel.
The assisting staff of the
Managerial Board shall be decided by the Director after approval by the
Government Commission on Organization and Personnel.
Article 22.- The
Managerial Board is a budgetary unit of the State Budget. All budget
remittances collected at the Industrial Park shall be contributed to the State
budget. All expenses on the operation of the Managerial Board shall be financed
by the State budget.
Article 23.- All criminal
cases within the Industrial Park shall come under the jurisdiction of the Vietnamese Court.
All civil and economic disputes,
one party to which is the Industrial Park, shall be settled in accordance with
the provisions of Vietnamese law, except for cases where a separate rule
applies.
Chapter VII
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 24.- All other
provisions related to the operation of the Industrial Park, which are not
stipulated in this Regulation, shall be applied in accordance with the
corresponding provisions of the Law on Foreign Investment in Vietnam, the Law on Promotion of Domestic Investment, the Corporate Law, the Law on Private
Business, and other related legal documents.
Article 25.- This
Regulation takes effect as from the 1st of January 1995. The export-Processing
zones and the Industrial Parks which were established prior to the effective
date of this Regulation and which have the need to be transformed into
Industrial Parks covered by this Regulation shall be considered and decided by
the Government on a case-by-case basis.