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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
29/2008/ND-CP
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Hanoi, March 14,
2008
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DECREE
PROVIDING FOR INDUSTRIAL PARKS, EXPORT PROCESSING ZONES AND
ECONOMIC ZONES
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Law on Investment;
Pursuant to the November 29, 2005 Law on Enterprises;
Pursuant to the June 14, 2005 Commercial Law;
At the proposal of the Minister of Planning and Investment,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.
Scope of regulation and subjects of application
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2. This Decree applies to state
management agencies, organizations and individuals related to activities of
investment, production and business in industrial parks, export processing
zones, economic zones and border-gate economic zones.
Article 2.
Interpretation of terms
In this Decree, the terms below
are construed as follows:
1. Industrial park means
a zone that specializes in the production of industrial goods or provision of
services for industrial production, has specified geographical boundaries, and
is established under the conditions and according to the order and procedures
specified in this Decree.
2. Export processing zone
means an industrial zone that specializes in the production of export goods,
provision of services for export goods production and export activities, has
specified geographical boundaries, and is established under the conditions and
according to the order and procedures applicable to industrial parks specified
in this Decree.
Industrial parks and export
processing zones are collectively referred to as industrial zones, unless they
are specifically referred to.
3. Economic zone means a
zone that has a separate economic space with a particularly favorable
investment and business environment for investors, has specified geographical
boundaries, and is established under the conditions and according to the order
and procedures specified in this Decree.
An economic zone is organized
into functional areas, including non-tariff area, bonded area, export
processing area, industrial area, entertainment area, tourism area, urban area,
residential area, administrative area and other functional areas suitable to
characteristics of each economic zone.
4. Border-gate economic zone
means an economic zone that is located in a land border area where exists an
international border gate or a major border gate and established under the
conditions and according to the order and procedures specified in this Decree.
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5. Industrial land area
means a land area of an industrial zone on which infrastructure has been
constructed for lease or sublease to investors for the implementation of
investment projects on production or business in this industrial zone.
6. Export processing
enterprise means an enterprise that is established and operates in an
export processing zone or exports all its products and operates in an industrial
zone or economic zone.
7. Master plan on development
of industrial zones and economic zones throughout the country means a plan
that is elaborated and approved under legal provisions on the elaboration,
approval and management of master plans on socio-economic development and the
provisions of this Decree.
Article 3.
Application of specialized laws and treaties
1. Special investment activities
in industrial zones and economic zones specified in specialized laws comply
with the provisions of these specialized laws.
2. If a treaty concerning
investment to which Vietnam is a contracting party contains provisions
different from those of this Decree, this treaty prevails.
Chapter II
ORDER AND PROCEDURES FOR
ESTABLISHING INDUSTRIAL ZONES AND ECONOMIC ZONES
Article 4.
Master plan on development of industrial zones and economic zones
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2. The approved master plan on
development of industrial zones and economic zones serves as a basis for consideration
of the establishment of industrial zones and economic zones; elaboration of
plannings and plans on investment in the development of technical and social
infrastructure works in service of the development of industrial zones and
economic zones.
Article 5.
Conditions on the establishment and expansion of industrial zones
1. Conditions on the
establishment of an industrial zone:
a/ This industrial zone is in
line with the approved master plan on development of industrial zones;
b/ At least 60% of the total
industrial land area of industrial zones already established in the territory
of the province or centrally run city where this industrial zone is to be
located has been leased or sub-leased to investment projects which have been
registered or granted investment certificates.
2. Conditions on the expansion
of an industrial zone:
a/ This industrial zone is in
line with the approved master plan on development of industrial zones;
b/ At least 60% of the total
industrial land area of this industrial zone has been leased or sub-leased to
investment projects which have been registered or granted investment
certificates;
c/ This industrial park has
already built and put into use a consolidated wastewater treatment work.
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4. For industrial zones
occupying 500 hectares or more each, or located near national highways,
regional or national defense zones, historical sites, beauty spots and
ecological conservation zones or in grade-II, grade-I or special-grade urban
centers, written consents of the Construction Ministry and concerned ministries
and branches to detailed plans on construction of these industrial zones are required
before these plans are approved by provincial-level Peoples Committees.
Article 6.
Conditions on the addition of an industrial zone to the master plan on
development of industrial zones
1. At least 60% of the total
industrial land area of industrial zones already established in the territory
of the province or centrally run city where this industrial zone is to be
located has been leased or sub-leased to investment projects which have been
registered or granted investment certificates.
2. This industrial zone is in
line with the local socio-economic development planning; the land use planning;
the regional and urban construction planning; the planning on technical
infrastructure; the planning on use of minerals and other natural resources.
3. This industrial zone has
favorable conditions for or is capable of constructing a system of technical
and social infrastructure works, synchronously elaborating and closely
combining the planning on development of industrial zones with the urban
development planning, the distribution of population, residential houses and
social works in service of its workers.
4. There are enough conditions
for the development of this industrial zone, including:
a/ There is a sufficient land
area reserved for its development and there exist conditions for it to be
linked with adjacent industrial zones to form a cluster of industrial zones;
b/ It is attractive to both
domestic and foreign investors to invest their capital;
c/ Local workforce is sufficient
to meet its labor needs;
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Article 7.
Conditions on the establishment and expansion of economic zones
1. Conditions on the
establishment of an economic zone:
a/ It is in line with the
approved master plan on development of economic zones;
b/ It has a geographical
position favorable for the regional economic development (having a deepwater
seaport or being near an airport), is linkable with major national and
international roads; can be easily controlled and serve as a hub for convenient
exchange with other domestic and foreign regions; and has favorable condition
and resources for technical infrastructure investment and development;
c/ It occupies a land area of
10,000 hectares or more to satisfy its general development requirements;
d/ It is able to attract
large-sized and important investment projects and works with significant
impacts on the regional socio-economic development;
e/ It is able to bring into play
local potential and exert pervasive development impacts on surrounding areas;
f/ It has no negative impacts on
nature reserves; causes no harmful effects or damage to tangible cultural
heritages, scenic places and beauty spots, groups of architectures of
historical, aesthetic or scientific value; is in line with the defense
disposition and ensures the defense and security maintenance; and is able to
satisfy requirements on environmental protection and sustainable development.
2. Conditions on the
establishment of a border-gate economic zone:
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b/ It has an international or a
major border gate specified in the Governments Decree No. 32/2005/ND-CP of
March 14, 2005, promulgating the Regulation on land border gates; and consists
of adjoining administrative units which are not spatially separated from each
other;
c/ It is linkable with major
national roads; can serve as a hub for convenient exchange with neighboring
countries through their land border gates; and has favorable conditions and
resources for technical infrastructure investment;
d/ Its general development
requirements, covering commercial activities, import, export, temporary import
for re-export, transportation of goods in transit, industrial production, tourism
and services, can be satisfied; it has conditions for bringing into play local
potential; it is able to develop commerce and attract investment;
e/ It combines economic
development with firm maintenance of security, political stability and social
order and safety, and helps protect national sovereignty in border areas;
f/ It has no negative impact on
nature reserves; causes no harmful effect on or damage to tangible cultural
heritages, scenic places and beauty spots, groups of architectures of historical,
aesthetic or scientific value; and is able to satisfy requirements on
environmental protection and sustainable development.
3. Conditions on the expansion
of an economic zone:
a/ The whole system of its
infrastructure has been completed under its general construction planning;
b/ At least 70% of the total
land area of its functional areas has been allocated or leased to organizations
and individuals for the implementation of projects.
4. An economic zone is organized
into functional areas under Clause 3, Article 2 of this Decree. The area and
location of each functional area are identified in the general construction
planning of the economic zone approved by the Prime Minister.
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1. Procedures for the grant of
investment certificates for investment projects on construction and commercial
operation of infrastructure works of industrial zones comply with the
investment law.
If an industrial zone or the
expansion of an industrial zone has been included in the approved master plan
on development of industrial zones or general planning on construction of an
economic zone, the investment certificate-granting agency shall carry out
procedures for investment projects on construction and commercial operation of
infrastructure works without having to propose the Prime Minister to approve
the investment policy and permit the establishment of this industrial zone;
If an industrial zone or the
expansion of an industrial zone has not yet been included in the approved
master plan on development of industrial zones, the provincial-level Peoples
Committee shall carry out procedures for incorporating the addition or
expansion of this industrial zone into the master plan on development of
industrial zones under Articles 6 and 12 of this Decree.
2. Decision on the establishment
or expansion of an industrial zone:
a/ A dossier for the
establishment or expansion of an industrial zone shall be made under Article 10
of this Decree;
b/ A decision on the
establishment or expansion of an industrial zone complies with Clause 2,
Article 15 of this Decree.
Article 9.
Process of establishment or expansion of an economic zone
1. If the establishment or
expansion of an economic zone has been included in the approved master plan on
development of economic zones, the Ministry of Planning and Investment shall
carry out procedures for evaluating the establishment or expansion of this
economic zone under Article 13 of this Decree.
If the establishment or
expansion of an economic zone has not yet been included in the approved master
plan on development of economic zones, procedures for incorporating the
establishment or expansion of this economic zone into the master plan on
development of economic zones must be carried out under legal provisions on the
elaboration, approval and management of master plans on socio-economic
development.
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a/ A dossier for the
establishment or expansion of an economic zone shall be made under Article 11
of this Decree;
b/ A decision on the
establishment or expansion of an economic zone complies with Clause 1, Article
15 of this Decree.
Article 10.
A dossier for the establishment or expansion of an industrial zone
1. A written request of the investor
for the establishment or expansion of an industrial zone.
2. The provincial-level Peoples
Committees decision approving the detailed planning on construction of the
industrial zone.
3. The investment certificate
granted to the investor implementing the investment project on development of
infrastructure works of the-industrial zone.
4. A dossier shall be made in
four sets, including an original dossier set, and submitted to the Management
Board of the industrial zone, export processing zone or economic zone (below
collectively referred to as the Management Board, unless it is specifically
referred to) or the provincial-level Planning and Investment Service (for
localities where no Management Board is available).
5. Within five working days
after receiving a valid dossier, the Management Board or the provincial-level
Planning and Investment Service (for localities where no Management Board is
available) shall propose to the provincial-level Peoples Committee the
establishment or expansion of the industrial zone. Within ten working days
after receiving a valid dossier, the provincial-level Peoples Committee shall
decide on the establishment or expansion of the industrial zone under Clause 2,
Article 15 of this Decree.
Article 11.
A dossier for the establishment or expansion of an economic zone
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a/ The necessity and legal
grounds of the establishment of an economic zone;
b/ An evaluation of elements and
conditions of geographical position, natural conditions and resources,
socio-economic situation, advantages and limitations of the area where the
economic zone is expected to be located;
c/ An assessment and explanation
of the possibility to satisfy the conditions specified in Article 7 of this
Decree;
d/ The set forth development
orientations, including development objectives, characteristics and functions
of the economic zone; orientations for development of branches, sectors and
functional areas; orientations of the planning on the use of land in the
economic zone;
e/ Projected total investment
capital, modes of raising capital for investment in the infrastructure system
of the economic zone; time of establishment of the economic zone; plan and
roadmap on investment in the construction and development of the economic zone;
f/ An environmental impact
assessment;
g/ Proposed solutions and their
application;
h/ Display of the economic zone
planning on the planning map.
2. A report of the provincial-level
Peoples Committee to the Prime Minister, proposing the establishment or
expansion of the economic zone.
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Article 12.
A dossier for addition of industrial zones to the master plan on development of
industrial zones
1. A planning scheme on
development on industrial zones in the territory of the province or centrally
run city, with the following principal contents:
a/ The necessity and legal
grounds of the addition of industrial zones to the master plan;
b/ An assessment of the
practical socio-economic situation and the set forth orientations for
socio-economic development and industrial development in the territory of the
province or centrally run city;
c/ An assessment of the
practical construction and development of industrial zones which have been
established and planned in the territory of the province or centrally run city;
d/ Name, location, land area,
practical state and specific conditions for development of each industrial zone
expected to be planned;
e/ An evaluation and explanation
of the possibility to satisfy the conditions in Article 6 of this Decree;
f/ The possibility to raise
capital for investment in the construction and development of industrial zones;
g/ Display of the industrial
zone development planning on the planning map.
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3. A dossier must be made in ten
dossier sets, of which at least two sets are original (one to be submitted to
the Prime Minister and nine others, to the Ministry of Planning and Investment
for appraisal under Article 13 of this Decree).
Article 13.
Evaluation of the addition to the master plan on development of industrial
zones or the establishment of an economic zone
1. Evaluation contents:
a/ The legal grounds and
necessity of the addition to the master plan on development of industrial zones
or the establishment of an economic zone;
b/ The conformity of the
addition to the master plan on development of industrial zones or the
establishment of an economic zone with the local socio-economic development
planning and land use planning; the regional and urban construction planning;
the technical infrastructure planning; and the planning on the use of minerals
and other natural resources;
c/ The objectives and targets of
the addition to the master plan on development of industrial zones or the
establishment of an economic zone and the distribution of resources;
d/ The degree of satisfaction of
the conditions respectively set on the addition to the master plan on
development of industrial zones or the establishment of an economic zone;
e/ Solutions to and feasibility
of the addition to the master plan on development of industrial zones or the establishment
of an economic zone.
2. Order of and procedures for
evaluation:
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If the dossier fails to satisfy
the requirements specified in Article 10 or 11 of this Decree, the Ministry of
Planning and Investment shall request in writing the provincial-level Peoples
Committee to supplement or modify the dossier. The duration for dossier
supplementation or modification is not counted into the evaluation duration.
b/ Within ten working days, for
industrial zones, or twenty working days, for economic zones, after receiving a
valid dossier, concerned ministries and branches shall send their opinions to
the Ministry of Planning and Investment.
When necessary, the Ministry of
Planning and Investment shall organize a meeting with concerned ministries and branches
and the provincial-level Peoples Committee to clarify matters which remain
unclear.
c/ Within thirty working days,
for industrial zones, or forty five working days, for economic zones, after
receiving a valid dossier, the Ministry of Planning and Investment shall
propose it to the Prime Minister for consideration and decision.
Article 14.
First-time expansion and adjustment of the area of an industrial zone
1. If the first-time expansion
of an industrial zone does not exceed 10% of its approved planned area or 30
hectares and has no impact on other local plannings, the provincial-level
Peoples Committee may, based on opinions of concerned ministries and branches,
decide on the expansion of this industrial zone without having to propose to
the Prime Minister for approval the addition to the master plan on development
of industrial zones.
2. If the actually measured area
of an industrial zone is larger or smaller by under 10% than the approved
planned area and the difference does not exceed 20 hectares, the
provincial-level Peoples Committee may decide on the adjustment of the planned
area to match the actual area without having to propose it to the Prime
Minister for approval.
3. Other cases of expansion and
adjustment of the area of an industrial zone must be proposed to the Prime
Minister for consideration and decision.
Article 15.
Competence to establish and expand industrial zones and economic zones
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2. Presidents of
provincial-level Peoples Committees shall decide on the establishment or
expansion of industrial zones already incorporated into the approved master
plan on development of industrial zones or the approved general planning on
construction of economic zones.
Chapter
III
MECHANISMS AND POLICIES
TOWARD INDUSTRIAL ZONES, EXPORT PROCESSING ZONES AND ECONOMIC ZONES
Article 16.
Investment incentives for industrial zones and economic zones
1. Industrial zones are
geographical areas eligible for investment incentives or enjoying preferential
policies applicable to localities on the list of those with difficult
socio-economic conditions. Industrial zones located in localities on the list of
those with particularly difficult socio-economic conditions may enjoy
preferential policies applicable to localities on this list.
2. Investors having investment
projects in industrial zones, including expanded investment projects, may enjoy
the following incentives:
a/ Investment projects in
branches or sectors on the list of those eligible for special investment
incentives are eligible for incentives applicable to investment projects in
branches or sectors on this list and implemented in localities on the list of
localities with difficult socio-economic conditions or the list of localities
with particularly difficult socio-economic conditions;
b/ Investment projects in
branches or sectors on the list of those eligible for investment incentives and
production projects in industrial zones are eligible for investment incentives
applicable to investment projects in branches or sectors on this list and
implemented in localities on the list of localities with difficult
socio-economic conditions or the list of localities with particularly difficult
socio-economic conditions;
c/ Investment projects not
specified in Items a and b, Clause 2 of this Article are eligible for the
incentives provided for in Clause 1 of this Article.
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4. The following investment
projects are eligible for the highest incentives under the law on enterprise
income tax:
a/ Investment projects in
branches or sectors on the list of those eligible for special investment
incentives and implemented in economic zones or industrial zones located in
localities on the list of those with particularly difficult socio-economic
conditions;
b/ Investment projects on
construction and commercial operation of infrastructure works of non-tariff
areas in economic zones;
c/ Investment projects on
hi-tech domains in industrial zones or economic zones;
d/ Investment projects which are
large and significant to the development of branches or sectors or the regional
socio-economic development and located in industrial zones or economic zones
after being approved by the Prime Minister.
5. Earners of taxable incomes,
including Vietnamese and foreigners working in economic zones, are entitled to
a 50% reduction of payable income tax.
6. Investment expenses for construction,
operation or lease of apartment buildings and social infrastructure works in
service of workers working in industrial zones or economic zones are reasonable
expenses deductible from taxable incomes of enterprises having investment
projects in these zones.
Article 17.
Modes of mobilizing capital for investment in the development of technical and
social infrastructure systems of economic zones
1. Investment projects on
important technical and social infrastructure works of economic zones have access
to development investment capital of local budgets and targeted capital
supports of the central budget. Conditions and principles for and types of
works eligible for central budget supports comply with the Prime Ministers
regulations.
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3. Technical and social
infrastructure works, service and public-utility works necessary for economic
zones may have access to official development assistance (ODA) capital,
concessional credit and other technical assistance.
4. Raising investment capital in
BOT, BT, BTO and other forms under law.
5. Investment projects on
construction and commercial operation of infrastructure works of functional
areas in economic zones may raise capital through leasing part or the whole of
unleased land areas to investors (except for the entities specified at Point d,
Clause 4, Article 3 of the Investment Law) that are financially capable and
experienced in mobilizing investment capital for investment and sub-lease.
6. Investment projects on
development of technical and social infrastructure works for common use in
economic zones may raise capital from the land fund under the land law.
Article 18.
Entry, exit, travel, residence and sojourn in economic zones
1. Foreigners and overseas
Vietnamese who work, invest or conduct business activities in economic zones
and their family members may be granted visas for multiple entry and exit and
with validity durations suitable to their durations of working in economic
zones; and may reside or make sojourns for a definite time in economic zones
and Vietnam.
2. For a border-gate economic
zone, the following provisions on entry, exit and travel are applied:
a/ Citizens residing in a
bordering countrys district opposite to Vietnams border-gate economic zone may
travel across the border into this zone with their border identity cards or
laissez-passers granted by this countrys competent authority. If these persons
wish to enter other places of the province having the border-gate economic
zone, the provincial police office shall grant them single travel permits with
a specified validity duration;
b/ Holders of passports
ineligible for visa exemption (citizens of a bordering country or a third
country) are exempt from entry visas or may stay in the border-gate economic
zone for no more than 15 days. If these persons wish to travel as tourists to
other areas of Vietnam under programs organized by Vietnamese international
travel companies, the competent immigration management agency shall consider
and grant them entry visas at the border-gate economic zone;
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Operators of means of transport
(crewmembers on board ships, vehicle drivers and their assistants) may enter
and leave the border-gate economic zone with their passports, crewmember books,
border identity cards or laissez passers granted by foreign authorities;
d/ It is allowed to expand the
reception in the border-gate economic zone of tourists from neighboring
countries traveling with passports, identity cards or other equivalent papers
to other provinces and cities throughout the country according to Item b,
Clause 2 of this Article;
e/ Vietnamese cargo or vehicle
owners who have business ties with neighboring countries partners may escort
their cargoes or vehicles into these countries to deliver or receive cargoes
with identity cards or border laissez-passers granted by Vietnamese competent
authorities;
f/ Vietnamese citizens who
conduct business or reside in the district or provincial town having a
border-gate economic zone may travel into the bordering country with their
border identity cards or laissez-passers in accordance with a treaty between
Vietnam and this bordering country or when obtaining this countrys consent.
Article 19.
Provisions on finance and credit applicable to economic zones
1. Purchase, sale, payment,
transfer and other transactions between organizations and individuals
conducting business activities in a border-gate economic zone may be conducted
in Vietnam dong, Chinese yuan, Lao kip, Cambodian riel and other freely
convertible foreign currencies under the State Bank of Vietnams regulations.
2. Credit institutions may be
established and operate in economic zones under the law on credit institutions.
3. Domestic and foreign
travelers and tourists entering non-tariff areas in border-gate economic zones
may purchase imported goods there and bring them into inland Vietnam and are
entitled to exemption from import duty, value-added tax and special consumption
tax (if any) under the Prime Ministers regulations.
4. Organizations and individuals
that record merits in raising ODA capital and calling for investment projects
in economic zones will be commended or rewarded under regulations promulgated
by provincial-level Peoples Committees after obtaining the Ministry of Finances
consent.
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1. There is no inhabitant living
in industrial zones and export processing zones.
2. Only investors and persons
working in export processing zones or enterprises and persons having working
relationships with agencies, organizations and enterprises in export processing
zones or export processing enterprises may enter and leave these zones or
enterprises. These entities may not stay in export processing zones and
enterprises, unless they are permitted by the Management Board.
3. In case of necessity, foreign
experts may temporarily reside at enterprises in industrial zones or export
processing zones under regulations of provincial-level Peoples Committees. The
temporary residence of foreign experts must meet the following conditions:
a/ This temporary residence
serves production or business activities of enterprises;
b/ These experts are not
accompanied by their families and relatives;
c/ The procedures for
registration and declaration of temporary residence under current regulations
on entry, exit and residence of foreigners in Vietnam are completed;
d/ Enterprises shall arrange
separate accommodation for these experts and commit that the temporary
residence of foreign experts ensures social security and order and do not
affect the operation of industrial zones or export processing zones.
Article 21.
Provisions exclusively applicable to export processing zones and enterprises
1. Export processing zones and enterprises
may apply legal provisions applicable to non-tariff areas. The law-specified
status of export processing enterprises is stated in their investment
certificates.
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3. Export processing enterprises
may purchase office equipment and stationery, food, foodstuffs and consumer goods
from inland Vietnam to serve the administration of their office apparatus and
daily-life activities of their staff members and workers. Export processing
enterprises may choose to or not to carry out import, export and customs
procedures for these goods.
4. Customs procedures for
inspection and supervision of exported and imported goods of export processing
zones and enterprises comply with the customs law.
5. Relations of goods exchange
between export processing zones and enterprises and other areas in the
Vietnamese territory, except for non-tariff areas, are regarded as import and
export relations.
6. When carrying foreign
currencies from inland Vietnam into export processing zones and enterprises and
vice versa, staffs and workers working in these export processing zones and
enterprises are exempt from customs declaration.
Chapter IV
STATE MANAGEMENT OF
INDUSTRIAL ZONES, EXPORT PROCESSING ZONES AND ECONOMIC ZONES
Article 22.
Contents of the state management of industrial zones, export processing zones
and economic zones
1. Elaborating and directing the
implementation of plannings, plans and policies on development of industrial
zones and economic zones.
2. Promulgating, guiding,
disseminating and organizing the implementation of policies, laws, standards
and technical regulations on the establishment, investment, construction,
development and management of operation of industrial zones and economic zones;
building and managing the system of information on industrial zones and
economic zones; organizing the promotion of investment in industrial zones and
economic zones.
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4. Organizing the apparatus of
and providing professional training and retraining for state management
agencies in charge of industrial zones and economic zones.
5. Guiding, assisting,
evaluating investment efficiency, examining, supervising, inspecting, settling
complaints and denunciations, effecting commendation and reward, handling
violations and solving problems arising in the course of formation and
development of industrial zones and economic zones.
Article 23.
Powers and responsibilities for state management of industrial zones, export
processing zones and economic zones
1. The Government shall perform
the unified state management of industrial zones and economic zones nationwide
by assigning specific tasks and powers to each ministry, branch,
provincial-level Peoples Committee or Management Board under this Decree;
direct the elaboration and implementation of plannings and plans on development
of, and the promulgation of policies and legal documents on, industrial zones
and economic zones.
2. The Prime Minister has the
following powers and responsibilities:
a/ To direct ministries,
branches, provincial-level Peoples Committees and management boards in
implementing law and policies on industrial zones and economic zones;
b/ To approve and adjust the
master plans on development of industrial zones and economic zones;
c/ To decide on investment in
projects falling under his competence;
d/ To decide on the
establishment of economic zones; to approve general plannings on construction
of economic zones; to permit the expansion or narrowing of land areas or change
of approved land use purposes of industrial zones or functional areas in
economic zones;
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3. Ministries, branches and
provincial-level Peoples Committees shall, within the ambit of their respective
functions, tasks and powers, perform the state management of industrial zones
and economic zones in terms of branches, domains and administrative
territories; guide or authorize management boards to perform a number of state
management tasks falling under their competence under this Decree and relevant
laws.
Article 24.
State management powers and responsibilities of the Ministry of Planning and
Investment
1. To assume the prime
responsibility for, and coordinate with the Ministry of Construction, the
Ministry of Natural Resources and Environment, the Ministry of Defense, the Ministry
of Industry and Trade, and concerned ministries, branches and provincial-level
Peoples Committees in, elaborating master plans on development of industrial
zones and economic zones, and submitting them to the Prime Minister for
approval.
2. To assume the prime
responsibility for, and coordinate with concerned ministries and branches in,
elaborating legal documents and policies on development of industrial zones and
economic zones, and submitting them to competent state agencies for
promulgation; to review and propose the Prime Minister to annul provisions of
the approved operation regulations of economic zones which are inconsistent
with the provisions of this Decree.
3. To assume the prime
responsibility for, and coordinate with concerned ministries and branches in,
providing professional guidance, training and retraining for management boards.
4. To assume the prime
responsibility for, and coordinate with the Ministry of Finance and concerned
ministries and branches in, working out tentative plans on the provision of the
central budgets supports for investment projects on construction and commercial
operation of infrastructure of industrial zones in localities with difficult
and particularly difficult socio-economic conditions under the Prime Ministers
decisions; and tentative plans on the central budgets supports for investment
in the development of technical infrastructure systems of economic zones under
this Decree.
5. To assume the prime
responsibility for, and coordinate with concerned ministries, branches,
provincial-level Peoples Committees and management boards in, elaborating and
implementing national programs and plans on promotion of investment in
industrial zones and economic zones.
6. To build and manage the
national system of information on industrial zones and economic zones; to set
forms of periodical reports and supply information on industrial zones and
economic zones to concerned governmental agencies.
7. To review and evaluate
socio-economic results and benefits of industrial zones and economic zones and
report them to the Prime Minister.
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1. To promulgate regulations on
the elaboration of schemes on setting up, classification, grading and reorganization
of management boards.
2. To specify the organizational
structure, payrolls and salaries of civil servants and public employees of
management boards.
3. To evaluate schemes on
setting up and reorganization of management boards and submit them to the Prime
Minister for consideration and decision.
Article 26.
State management powers and responsibilities of the Ministry of Finance
1. To guide financial
regulations and customs procedures applicable to industrial zones, economic
zones and export processing enterprises.
2. To formulate financial
mechanisms and policies applicable to management boards and non-business
economic units with revenues that act as investors of investment projects on
construction and commercial operation of infrastructure of industrial zones,
and special economic organizations related to industrial zones and economic
zones in accordance with law.
3. To guide the implementation
of the provisions of Clause 6, Article 16 of this Decree.
Article 27.
State management powers and responsibilities of the Ministry of
Construction
1. To promulgate regulations
guiding the elaboration, evaluation, approval and adjustment of general
plannings on construction of economic zones or industrial zones specified in
Clause 3, Article 5 of this Decree, and detailed plannings on construction
industrial zones and functional areas in economic zones.
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Article 28.
State management powers and responsibilities of the Ministry of Industry and
Trade
1. To perform the state
management of industrial, import, export and commercial activities in
industrial zones and economic zones; to direct the development of industries in
industrial zones and economic zones in line with approved industrial
development strategies, plannings and plans of regions and territories.
2. To authorize management
boards to grant certificates of origin for goods manufactured in industrial
zones and economic zones; to grant, renew, amend, supplement and extend permits
for setting up trade representative offices of foreign organizations and traders
in industrial zones and economic zones.
3. To guide management boards in
granting business licenses for goods purchase and sale and activities directly
related to goods purchase and sale to foreign-invested enterprises and foreign
investors that invest for the first time in industrial zones and economic
zones.
4. To elaborate a Regulation on
operation of non-tariff areas in economic zones, and submit it to the Prime
Minister for promulgation.
Article 29.
State management powers and responsibilities of the Ministry of Natural
Resources and Environment
1. To promulgate a Regulation on
management and protection of the environment in industrial zones and economic
zones.
2. To guide the collection of
environmental protection charges in industrial zones and economic zones.
3. To guide management boards in
performing a number of tasks of state management of natural resources and
environment in industrial zones and economic zones under the law on
environmental protection.
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1. To promulgate regulations on
criteria for determination of hi-tech investment projects in industrial zones
and economic zones.
2. To guide management boards in
performing the state management of organizations operating industrial zones and
economic zones in scientific and technological aspects.
Article 31.
State management powers and responsibilities of the Ministry of Labor, War
Invalids and Social Affairs
To guide management boards in
performing a number of tasks of state management of labor in industrial zones
and economic zones under the labor law.
Article 32.
State management powers and responsibilities of the Ministry of Public Security
1. To perform the function of
state management of security, order and fire prevention and fight in industrial
zones and economic zones.
2. To promulgate guiding
regulations on entry, exit, residence and temporary residence applicable to
economic zones and border-gate economic zones.
Article 33.
State management powers and responsibilities of the Ministry of Culture, Sports
and Tourism
1. To guide management boards in
performing the state management of tourist activities in economic zones.
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Article 34.
State management powers and responsibilities of line ministries
Apart from the tasks and powers specified
in Articles 24, 25, 26, 27, 28, 29, 30, 31, 32 and 33 of this Decree,
ministries and ministerial-level agencies also have powers and responsibilities
for state line management of industrial zones and economic zones, specifically:
1. To inspect and affirm in
writing the capability of investment projects to satisfy the necessary
conditions, for those falling under the Prime Ministers approving competence
and those in domains eligible for conditional investment and implemented in
industrial zones and economic zones under the investment law.
2. To promulgate conditions,
order and procedures for management and organization of the provision of public
administrative services of management boards.
3. To guide, examine, supervise,
inspect and handle administrative violations according to their competence.
Article 35.
State management powers and responsibilities of provincial-level Peoples
Committees
1. To assume the prime
responsibility for elaborating plannings on development of industrial zones and
economic zones in their localities; to decide on the establishment or expansion
of industrial zones.
2. To organize the elaboration
of general plannings on construction of industrial zones specified in Clause 3,
Article 5 of this Decree and economic zones.
3. To direct the elaboration and
approval of detailed plannings on construction of industrial zones and
functional areas in economic zones; to direct the evaluation and approval of
basic designs of investment projects on development of infrastructure of industrial
zones and functional areas in economic zones; to decide on the use of state
budget capital in support of investors that invest in technical infrastructure
systems inside industrial zones fences.
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5. To perform the state
management of investment projects in economic zones under approved plannings;
to submit for approval or approve according to their competence lists of
development investment projects and annual and five-year plans on development
investment capital in economic zones.
6. To promulgate specific
preferential and incentive policies consistent with legal provisions on
prioritized recruitment and employment of local laborers and highly qualified
and skilled laborers; to support the job training of laborers working in
industrial zones and economic zones.
7. To plan land areas for the
construction of resettlement areas and residential houses for workers as well
as service and public-utility works; to support investment in the construction
of residential houses for workers, resettlement areas, socio-technical
infrastructure works under the Law on State Budget; to support the promotion of
investment, commerce and tourism; to support the payment of compensations for
ground clearance in order to accelerate the investment in and development of
industrial zones and economic zones.
8. To direct the recovery of land
and water surface areas, payment of compensations for ground clearance, farming
sedentarization and resettlement, and carry out procedures for lease or
allocation of land in industrial zones and economic zones under the land law
and relevant laws.
9. To direct concerned
organizations in working out investment plans and organize the construction of
technical and social infrastructure systems outside the fences of industrial
zones and economic zones, such as: roads, power supply systems, water supply
and drainage systems, information and communications systems, points of
technical connection with infrastructure works inside the fences of industrial
zones and economic zones, job-training establishments, residential houses,
medical examination and treatment establishments, schools and other public
works to meet the needs for development of industrial zones and economic zones.
10. To assume the prime
responsibility for working out plans on and allocate support funds for
investment in technical infrastructure systems inside the fences of industrial
zones or socio-technical infrastructure systems of economic zones under the
laws on investment and state budget and this Decree.
11. To promulgate and supervise
the implementation of regulations on coordination between management boards and
bodies under provincial-level Peoples Committees; to guide and assign tasks or
authorize management boards to perform a number of tasks of state management of
construction and environmental protection under Items d and h, Clause 2, Article
37 of this Decree.
12. To direct the implementation
of plannings and regulations on construction, labor and environmental
protection, fire and explosion prevention and fight, security and order in
industrial zones and economic zones.
13. To organize and coordinate
with other agencies in organizing job-training establishments in their
localities in order to meet needs for labor for industrial zones and economic
zones.
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15. To elaborate schemes on
establishment or reorganization of management boards to ensure the principle
that each province or centrally run city has one management board; to decide on
the appointment of heads and deputy heads of management boards.
16. To allocate funds for
administrative and non-business activities and development investment capital
for management boards under the law on the state budget; to approve plans,
allocate funds and organize the investment, trade and tourism promotion for the
development of industrial zones and economic zones.
17. To direct local specialized
and professional agencies in charge of commerce, finance, customs, banking,
public security and other relevant agencies to nominate their competent
representatives to handle relevant affairs in each zone when necessary.
18. To perform other tasks and
power of state management of industrial zones and economic zones in accordance
with law.
Chapter V
FUNCTIONS, TASKS, POWERS
AND ORGANIZATIONAL STRUCTURES OF MANAGEMENT BOARDS OF INDUSTRIAL ZONES AND
ECONOMIC ZONES
Article 36.
Functions of management boards of industrial zones, export processing zones and
economic zones
1. Management boards are
attached to provincial-level Peoples Committees and perform the function of
direct state management of industrial zones and economic zones in provinces or
centrally run cities under this Decree and relevant laws; manage and organize
the provision of public administrative services and other support services
related to investment, production and business activities of investors in
industrial zones and economic zones.
2. Management boards are set up
under the Prime Ministers decisions and subject to the provincial-level Peoples
Committees direction and management of organization, state payrolls, working
programs and plans and operating funds (unless otherwise prescribed by the
Prime Minister); submit to the professional direction, guidance and inspection
by concerned line ministries and branches; shall closely coordinate with
professional agencies of provincial-level Peoples Committees in managing
industrial zones and economic zones.
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Article 37.
Tasks and powers of management boards of industrial zones, export
processing zones and economic zones
1. To contribute opinions on,
plan and propose to ministries, branches and provincial-level Peoples
Committees for approval and organization of the performance the following
tasks:
a/ Giving opinions to
ministries, branches and provincial-level Peoples Committees on the elaboration
of legal documents, policies and plannings on investment in and development of
industrial zones and economic zones;
b/ Assuming the prime
responsibility for, and coordinating with concerned agencies in, elaborating
regulations on working coordination with specialized agencies of
provincial-level Peoples Committees and relevant agencies in performing
assigned tasks and vested powers under the one-stop shop and inter-branch
one-stop shop mechanism, then submitting these regulations to provincial-level
Peoples Committees for approval, and organizing their implementation;
c/ Formulating programs and
plans on promotion of investment in the development of industrial zones and
economic zones, and submitting them to provincial-level Peoples Committees for
approval, and organizing their implementation;
d/ Elaborating annual and
five-year plans on development of human resources to meet demands of industrial
zones and economic zones, and submitting them to provincial-level Peoples
Committees for approval, and organizing their implementation;
e/ Making estimates of their
budget allocations and funds for non-business activities and annual development
investment capital amounts, and submitting them to competent agencies for
approval under the Law on State Budget and relevant laws.
2. Management boards shall
perform the following tasks as specified by law or guided or authorized by
ministries, branches and provincial-level Peoples Committees:
a/ Managing, disseminating,
guiding, examining, supervising and inspecting the implementation of
regulations, plannings and plans on industrial zones and economic zones already
approved by competent state agencies, and sanctioning administrative violations
of these regulations, plannings and plans;
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c/ Granting, renewing, amending,
supplementing and extending permits for setting up trade representative offices
of foreign organizations and traders in industrial zones and economic zones;
granting business licenses for goods purchase and sale and activities directly
related to goods purchase and sale to foreign-invested enterprises and foreign
investors that invest for the first time in industrial zones and economic zones
after obtaining written approval of the Ministry of Industry and Trade;
d/ Adjusting approved detailed
plannings on construction of industrial zones and functional areas in economic
zones without changing use purposes of land plots and planning structure;
evaluating basic designs of group-B or group-C projects or grant and extend
construction permits for construction works for which these permits are
required under the law on management of investment projects on construction of
works; granting certificates of ownership of construction works for those in
industrial zones and economic zones to concerned organizations;
e/ Granting, renewing, extending
or revoking working permits for foreigners and overseas Vietnamese working in
industrial zones and economic zones; issuing labor books to Vietnamese laborers
working in industrial zones and economic zones; organizing the registration of
labor rules, collective labor agreements, rules on labor sanitation and safety,
systems of wage ranks and tables, labor norms and plans on sending laborers on
under-90 day overseas skill practice tours for enterprises; receiving
enterprises reports on the signing, application and termination of labor
contracts;
f/ Granting certificates of
origin for goods manufactured in industrial zones and economic zones and other
relevant permits, licenses and certificates in industrial zones and economic
zones;
g/ Certifying contracts and
title deeds of real estate in industrial zones and economic zones for concerned
organizations;
h/ Organizing the evaluation and
approval of environmental impact assessment reports for investment projects
falling under the deciding competence of provincial-level Peoples Committees in
industrial zones and economic zones;
i/ Examining, inspecting and
supervising the achievement of investment objectives specified in investment
certificates, schedules of capital contribution and implementation of
investment projects; assuming the prime responsibility for, and coordinating
with other agencies in, examining and inspecting the observance of committed
clauses by projects enjoying investment incentives and the observance of laws
on construction, labor, wage and social insurance for laborers, protection of
lawful interests of laborers and labor users, operation of socio-political
organizations, fire and explosion prevention and fight, security and order and
protection of the ecological environment by projects in industrial zones and
economic zones; deciding on the sanctioning of administrative violations in
domains under their competence according to regulations and requesting
competent state management agencies to handle violations in domains falling
beyond their competence;
j/ Solving problems and
difficulties facing investors in industrial zones and economic zones, and
proposing the Prime Minister, concerned ministries, branches and
provincial-level Peoples Committees in solving problems falling beyond their
competence;
k/ Receiving statistical reports
and financial statements of enterprises operating in industrial zones and
economic zones; appraising the efficiency of investment in industrial zones and
economic zones;
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m/ Sending periodical reports to
the Ministry of-PIanning and Investment, concerned ministries, branches and
provincial-level Peoples Committees on the construction and development of
industrial zones and economic zones; granting, modifying and revoking
investment certificates; organizing the implementation of investment projects;
fulfilling obligations toward the State; attracting and employing laborers;
complying with the labor law and settling labor disputes and applying measures
to protect the ecological environment in industrial zones and economic zones;
n/ Organizing emulation
movements for and commending and rewarding enterprises with emulation
achievements in industrial zones and economic zones;
o/ Organizing and coordinating
with state management agencies in conducting inspection, examination and
settlement of complaints and denunciations, prevention and combat of
corruption, waste, negative acts, and handling of administrative violations in
their zones;
p/ Performing tasks in
accordance with law and provincial-level Peoples Committees regulations on
management of finance, assets and budget funds allocated to them; collecting
and managing the use of various charges and fees; conducting scientific
researches and applying scientific and technological advances; cooperating with
domestic and foreign organizations and individuals in domains related to
investment in the construction and development of industrial zones and economic
zones; managing the organizational structure, state payroll, cadres, civil
servants and public employees, and providing professional training and
retraining for their cadres, civil servants and public employees; recommending
jobs for laborers working in industrial zones and economic zones;
q/ Performing other tasks
assigned by provincial-level Peoples Committees.
Article 38.
Tasks and powers of management boards of economic zones
Apart from the tasks and powers
of management boards of industrial parks, export processing zones and economic
zones specified in Article 37 of this Decree, the management board of an
economic zone also has the following tasks and powers:
1. To elaborate and submit to
the provincial-level Peoples Committee for submission to the Prime Minister for
decision according to its competence:
a/ A general planning on
construction of the economic zone;
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2. To elaborate and submit to
ministries, branches and the provincial-level Peoples Committee for approval,
and organize the implementation of:
a/ Detailed planning on construction
of functional areas in line with the approved general planning on construction
of the economic zone, detailed planning and plans on the use of land in the
economic zone, which are approved by the provincial-level Peoples Committee;
b/ Annual and five-year plans on
development of the economic zone, which are submitted and approved by the
provincial-level Peoples Committee and competent state agencies;
c/ A list of investment projects
and annual and five-year development investment capital plans, which are
submitted to competent agencies for approval or approved by themselves
according to their competence;
d/ Price brackets and charge and
fee rates to be applied in the economic zone, which are submitted to competent
agencies for promulgation in accordance with law.
3. The management board of an
economic zone shall direct or organize the performance of the following tasks:
a/ Conducting the following
activities in accordance with legal provisions and under the guidance or
authorization by ministries, branches and the provincial-level Peoples
Committee: granting, modifying and revoking business registration certificates
under the Law on Enterprises for the establishment of economic organizations in
the economic zone; granting, renewing, amending, supplementing and extending
permits for setting up representative offices and branches in the economic zone
for foreign tourist companies;
b/ Hiring foreign consultants to
provide the service of advising on investment promotion or the strategy on
investment in the construction and development of the economic zone;
c/ Deciding on investment in
group-B or group-C projects which use state budget capital invested in the
economic zone under the authorization of the provincial-level Peoples
Committee;
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e/ Managing and using capital
sources for investment in the development of the economic zone falling under
its competence; managing investment in the construction of and bidding for
investment projects in the economic zone funded with development investment
capital from the state budget and falling under its competence; managing
administrative and non-business revenues and expenditures, funds for target
programs and other capital sources assigned to it in accordance with law;
f/ Assuming the prime
responsibility for, and coordinating with concerned agencies in, conducting
regular repair and maintenance of the system of technical and social
infrastructure works, service and public-utility works invested with the state
budget in the economic zone;
g/ Managing and effectively
using the special-use land and water surface fund already assigned to it for
proper use purposes and in conformity with the general planning on construction
of the economic zone, detailed planning on construction of functional areas,
land use planning and plans approved by competent authorities;
h/ Reallocating land with or
without collection of land use levy, leasing land and water surface, and
performing the management of land in the economic zone under the land law;
i/ Based on regulations of the
provincial-level Peoples Committee and the investment and land laws, deciding
on use levy and rent rates as well as exemption or reduction levels for
special-use land and water surface areas of investment projects, which are
applicable to cases of land reallocation or lease not through a land use rights
auction or bidding;
j/ Coordinating with the local
administration and concerned agencies in ensuring that all activities in the
economic zone are conducted in compliance with the planning and plan on
construction and development of the economic zone already approved by the
competent state agency and relevant regulations.
Article 39.
Organizational structure and state payroll of a management board
1. A management board is
composed of a head, several deputy heads and an assisting apparatus.
The head of the management board
is appointed or dismissed by the president of the provincial-level Peoples
Committee. Deputy heads are appointed or dismissed by the president of the
provincial-level Peoples Committee at the request of the head.
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3. The organizational structure
of the management board consists of an assisting apparatus (the office,
professional and specialized sections and a representative of the management
board in the industrial or economic zone); attached non-business units
performing public and public-utility tasks, providing investment or business
support services for investors in the zone and other organizations suitable to
the development of the industrial or economic zone as well as tasks and powers
of each type of management board as guided by the Ministry of Home Affairs and
specified by law.
Management boards of economic
zones and management boards of grade-I industrial zones or export processing
zones as guided by the Ministry of Home Affairs may set up their own
inspectorates.
4. The state payroll of a
management board includes an administrative payroll and a non-business payroll
and is decided by the president of the provincial-level Peoples Committee in
accordance with legal provisions on decentralized management of administrative
and non-business payrolls and the mechanism for state payroll management
applicable to state non-business units.
Chapter VI
IMPLEMENTATION PROVISIONS
Article 40.
Effect of the Decree
1. This Decree takes effect 15
days after its publication in CONG BAO.
2. This Decree replaces:
a/ The Prime Ministers Decision
No.53/2001/QD-TTg of April 19, 2001, on policies toward border-gate economic
zones, and Decision No. 273/2005/QD-TTg of October 31, 2005, amending and
supplementing a number of articles of Decision No. 53/2001/QD-TTg;
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Article 41.
Implementation responsibility
Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, presidents
of provincial/municipal Peoples Committees, heads of management boards of
industrial parks, export processing zones and economic zones, and concerned
organizations and individuals shall implement this Decree.
ON BEHALF OF THE
GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung