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THE MINISTRY OF
INDUSTRY AND TRADE – THE MINISTRY OF PLANNING AND
INVESTMENT
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SOCIALIST REPUBLIC
OF VIETNAM
Independence - Freedom - Happiness
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No.
31/2012/TTLT-BCT-BKHĐT
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Hanoi, October
10, 2012
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JOINT CIRCULAR
GUIDING
THE SETTLEMENT OF INDUSTRIAL COMPLEXES ESTABLISHED BEFORE THE REGULATION ON THE
MANAGEMENT OF INDUSTRIAL COMPLEXES, PROMULGATED TOGETHER WITH THE PRIME
MINISTER’S DECISION NO. 105/2009/QĐ-TTG DATED AUGUST 19, 2009, TAKES EFFECT.
Pursuant to the Government's Decree No.
189/2007/NĐ-CP dated December 27, 2007 on defining the functions, tasks, powers
and organizational structure of the Ministry of Industry and Trade;
Pursuant to the
Government's Decree No. 44/2011/NĐ-CP dated June 14, 2011 amending and
supplementing Article 3 of the Government's Decree No. 189/2007/NĐ-CP dated
December 27, 2007 on defining the functions, tasks, powers and organizational
structure of the Ministry of Industry and Trade;
Pursuant to the Government's Decree
No. 116/2008/NĐ-CP
dated November 14, 2008 on defining the functions,
tasks, powers and organizational structure of the Ministry of Planning
and Investment;
Pursuant to the Prime
Minister’s Decision No. 105/2009/QĐ-TTG dated August 19, 2009,
promulgating the Regulation on the management of industrial complexes;
Implementing the Prime Minister’s Directive No. 07/CT-TTg dated March 02, 2012, on reorganizing the management and enhancement of the
efficiency of economic zones, industrial parks, and industrial complexes;
The Ministry of Industry and Trade and the
Ministry of Planning and Investment guides the settlement
of industrial complexes established before the Regulation on the management of
industrial complexes, promulgated together with the Prime Minister’s Decision
No. 105/2009/QĐ-TTG dated August 19, 2009, takes effect,
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GENERAL PROVISIONS
Article 1. Scope of regulation
This Circular guides the settlement
of industrial complexes established before the Regulation on the management of
industrial complexes (hereinafter referred to as the Regulation), promulgated together with the Prime Minister’s Decision No.
105/2009/QĐ-TTG dated August 19, 2009, takes effect.
If an industrial complex has been decided to be
converted by a provincial People’s Committee in accordance with Clause 1, 2 and
3 Article 13 of the Circular No. 39/2009/TT-BCT dated
December 28, 2009 of the Ministry of Industry and Trade, on the implementation
of the Regulation on the management of industrial complexes , and has obtained an
Establishment Decision, it is exempted from the settlement prescribed in this
Circular.
Article 2. Subjects of
application
1. The enterprise, organizations and individuals
investing in building, trading the infrastructures of industrial complexes, and
investing in the production, business, and service provision in industrial
complexes.
2. The State management agencies and organizations
related to the management and operation of industrial complexes.
Chapter 2.
SPECIFIC PROVISIONS
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The industrial complexes established
before the Regulation takes effect include:
1. The industrial complexes of which the projects
of investment in building infrastructure were approved by competent authorities
before October 05, 2009;
2. The industrial complexes of which the detailed
construction plannings were approved before October 05, 2009, but their
projects of investment in building infrastructure have not been approved by
competent authorities;
3. The industrial complexes not being prescribed in
Clause 1 and Clause 2 this Article, but are in the Planning for developing
industrial complexes, or the local Planning for industrial development, and
have projects of investment in industrial complexes before October 05, 2009.
Article 4. Making
the list of industrial complexes established before
the Regulation takes effect
Based on Article 3 of this Circular, Services of Industry
and Trade shall lead and cooperate with relevant Services, sectors, and
district-level People’s Committees in reviewing, making, and submitting the
list of industrial complexes established before the Regulation takes effect to
provincial People’s Committees for approval, then consider, settle, or propose
solutions for settling under the plans prescribed in Clause 5 of this Circular.
The list of industrial complexes
established before the Regulation takes effect must be made under the
form in Annex 1 and Annex 2, promulgated together with this Circular, and sent
to the Ministry of Industry and Trade and the Ministry of Planning and
Investment for monitoring.
Article 5. Plans for settling
industrial complexes established before the Regulation takes effect
1. For industrial complexes larger than 75
hectares:
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a) The industrial complexes that fail to satisfy
the conditions in Clause 1 Article 6 of this Circular must adjust their scale
and size in conformity with the Regulation, and establish industrial complexes
as prescribed in Article 8 and 9 of this Circular.
The industrial complexes in the following cases may
retain their scale and size when establishing industrial complexes:
- The industrial complexes of which the industrial
land is completely used;
- The industrial complexes that have finished
investing in building infrastructure;
- The industrial complexes of which the detailed
plannings have been approved, and the procedures for land clearance and
compensation have been completed.
2. The industrial complexes smaller
than 75 hectares must be established as industrial
complexes prescribed in Article 8 and 9 of this Circular
for unifying the management under the Regulation.
3. If the industrial complexes established before
the Regulation takes effect are not settled in accordance with the plans
prescribed in Clause 1 and 2 this Article, the provincial People’s Committees
must settle them intra vires, or request competent agencies to settle in
accordance with law.
Article 6. Converting industrial complexes established before the Regulation takes effect
into industrial parks
1. Conditions for conversion:
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b) The land area leased or subleased to the
projects, that apply for investment and Investment certificates, reaches at
least 40% of the total industrial land area of the industrial complex;
c) the detail planning of the industrial complex
has been approved by a competent agency as prescribed by current law
provisions;
d) A concentrated sewage treatment system has been
built, or the investor in developing the infrastructure has made a commitment
on the time limit for building the sewage treatment system after the
conversion;
dd) The conditions in Clause 2, 3, 4, and 5 Article
6 of the Decree No. 29/2008/NĐ-CP are satisfied.
2. Procedures for conversion:
a) The Provincial People’s Committee shall make the
dossiers on converting industrial complexes into industrial parks, and send
them to the Ministry of Planning and Investment for appraisal;
a) The Ministry of Planning and Investment shall
lead and cooperate with the Ministry of Industry and Trade, relevant Ministries
and sectors in appraising the dossiers on converting industrial complexes into
industrial parks, and submit them to the Prime Minister for appraisal;
c) Supplementing the planning, and establishing
industrial parks from the converted industrial complexes:
- For industrial complexes that satisfy the
conditions prescribed in Clause 1 this Article, and have been issued with the
Investment certificates regarding the projects of investment in developing
infrastructure, the Ministry of Planning and Investment shall consider and
request the Prime Minister to add them in the Overall planning for developing
industrial parks nationwide, and assign provincial People’s Committees to make
decisions on establishing industrial parks.
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The issuance of Investment
certificates to the projects of investment in developing
infrastructure and establishing industrial parks must comply with
current law provisions.
3. A dossier on conversion comprises:
a) The written proposal submitted to the Prime
Minister, made by the Provincial People’s Committee, for converting local
industrial complexes into industrial parks;
b) The scheme for converting industrial complexes
into industrial parks;
The dossier is made into 07 sets, including 02
originals (01 original is submitted to the Prime Minister, and 06 sets are
submitted to the Ministry of Planning and Investment for appraisal).
4. The scheme for converting
industrial complexes into industrial parks contains:
a) The necessity and legal foundation of the
conversion;
b) Assessment of the implementation and orientation
of the local socio-economic and industrial development;
c) Assessment of the current condition and
development of the established industrial parks, and the planning for
developing local industrial parks;
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dd) The legal position, capability, and experience
of the investors in developing infrastructure of the industrial complex planned
to be converted;
e) Assessment and explanation for the fulfillment of
the conditions prescribed in Clause 1 this Article;
g) The ability to raise capital for investing in
building and developing the industrial park after the conversion;
h) The demonstration of the plan for developing the
industrial park after converting on the planning map.
Article 7. Appraising
dossiers on converting industrial complexes
established before the Regulation takes effect into industrial parks
1. The content of appraisal:
a) The legal foundation and necessity of the
conversion;
b) The conformity of the conversion of the
industrial complex into an industrial park with the planning for socio-economic
development; the local planning and plan for using land; the regional and urban
construction planning; the planning for developing infrastructure;
c) The fulfillment of the conditions for converting
industrial complexes into industrial parks;
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2. Procedures for appraisal:
a) Within 5 working days as from receiving the
conversion dossier, the Ministry of Planning and Investment must obtain
opinions from relevant Ministries and sectors;
If the conversion dossier does not satisfy the
conditions in Clause 2 and Clause 3 Article 6 of this Circular, the Ministry of
Planning and Investment shall request the provincial People’s Committee, in
writing, to amend and supplement it. The time for amending and supplementing
the dossier is not included in the appraisal period.
b) Within 10 working days as from being asked by
the Ministry of Planning and Investment, the relevant Ministries and sectors
must reply;
If necessary, the Ministry of Planning and
Investment may hold a meeting with relevant Ministries, sectors, and provincial
People’s Committees to clarify related issues.
c) Within 30 working days as from obtaining the
opinions from Ministries and sectors, the Ministry of Planning and Investment
must summarize and submit them to the Prime Minister for consideration and
decision.
Article 8.
Establishing industrial complexes from industrial
complexes established before the Regulation takes effect
1. Procedures for establishing:
a) The Provincial People’s Committee shall make the
dossier on establishing the industrial complex as prescribed in Clause 2 and
Clause 3 this Article, and submit it to the Service of Industry and Trade for
appraisal;
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Within 15 days working days as from receiving the dossier on establishing the industrial complex, the Service of
Industry and Trade must appraise and submit it to the provincial
People’s Committee.
- When establishing an industrial complex of which
the area does not exceed 75 hectares: within 10 working days as from receiving
the dossier enclosed with the written appraisal from the Service of Industry
and Trade, the provincial People’s Committee must consider and decide to
whether establish the industrial complex.
- When establishing an industrial
complex of which the area exceeds 75 hectares: within 10
working days as from receiving the dossier enclosed with the written appraisal
from the Service of Industry and Trade, the provincial People’s Committee must send
01 dossier on establishing the industrial complex to the Ministry of Industry
and Trade for agreement.
Within 30 days working days as from
receiving the dossier on establishing the industrial complex, the Ministry
of Industry and Trade must consider and issue a written agreement If the dossier on establishing the industrial complex does not satisfy the conditions in Clause 2 and Clause 3 this
Article, the Ministry of Planning and Investment shall request
the provincial People’s Committee, in writing, to explain and supplement it. The time for explaining and supplementing is
not included in the consideration period. Within 10 working days as from receiving the written agreement from the Service of Industry and Trade, the provincial People’s
Committee must consider and decide to whether establish the industrial complex.
01 copy of the Decision on establishing the
industrial complex must be sent to the Ministry of Industry and Trade for
monitoring and summarizing.
2. A dossier on establishing the industrial complex
comprises:
a) The written request from the district-level
People’s Committee being submitted to the provincial People’s Committee for the
establishment of the industrial complex;
b) The report on the establishment of the
industrial complex;
c) A valid copy of the Decision on approving the
project of investment in building infrastructure of the industrial complex, or
the Investment certificate of the project (applicable to the industrial
complexes prescribed in Clause 1 Article 3 of this Circular); a valid copy of
the Decision on approving the detailed planning for building the industrial
complex (applicable to the industrial complexes prescribed in Clause 2 Article
3 of this Circular); a valid copy of the decision on approving the planning for
developing industrial complexes, or the decision on approving the planning for
provincial industrial development (applicable to the industrial complexes
prescribed in Clause 3 Article 3 of this Circular).
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3. The report on the establishment of
the industrial complex contains:
a) The necessity and legal foundation for
establishing the industrial complex;
dd) The legal position, capability, and experience
of the investors in developing infrastructure of the industrial complex;
c) The assessment of the current condition and
structure of land use; the plan for arranging the business lines in the
industrial complex;
d) The assessment of the current conditions of, and
the plan for investing in infrastructure of the industrial complex;
dd) The solution and ability of raising capital for
investing in completing the infrastructure of the industrial complex;
e) The current conditions and solutions for attracting
investment to the industrial complex;
g) The forecast about the economic, social, and
environmental efficiency of the development of the industrial complex after
being established;
h) The demonstration of the plan for developing the
industrial complex on the map (applicable to the industrial complexes
prescribed in Clause 3 Article 3 of this Circular).
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1. The necessity and legal foundation
for establishing the industrial complex.
2. The name, area, targets, and functions of the
industrial complex.
3. The conformity with the planning for developing
industry and handicrafts, the planning for developing the local industrial
complexes; the plannings and plans for using land; the construction plannings,
and other relevant local plannings.
4. The adherence to the law provisions on
investment, constructions, land, and environment of the industrial complex.
5. The solutions for raising capital for investing
in completing the infrastructure, and solutions for attracting investment to
the industrial complex.
6. The economic, social, and
environmental efficiency of the development of the industrial complex after
being established.
Chapter 3.
IMPLEMENTATION
ORGANIZATION
Article 10. Time
limit for settling industrial complexes established
before the Regulation takes effect
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2. The deadline for completing settling
the industrial complexes established before the Regulation takes
effect is before December 31, 2015.
Article 11. Effects
This Circular takes effect on November 26, 2012.
Clause 2 and Clause 3 Article 13, and Article 14 of the Circular No. 39/2009/TT-BCT dated December 28, 2009 of the
Ministry of Industry and Trade, on the implementation of the Regulation on the management
of industrial complexes, promulgated together with the Prime Minister’s
Decision No. 105/2009/QĐ-TTG dated August 19, 2009, are annulled
Article 12. Implementation
responsibilities
1. Provincial People’s Committees shall direct
Services, sectors, and district-level People’s Committees, investors in
developing the infrastructure of industrial complexes, and relevant
organizations to settle industrial complexes established before the Regulation
takes effect as prescribed in this Circular.
2. The Services of Industry and Trade shall be in
charge and advise provincial People’s Committees to implement this Circular.
3. Local Industrial Departments (The Ministry of
Industry and Trade) and the Departments of Economic Zone Management shall advise
leaders of the Ministry of Industry and Trade and the Ministry of Planning and
Investment to monitoring and reporting the implementation of this Circular.
4. Relevant organizations and
individuals are recommended to send feedbacks on the difficulties arising
during the course of implementation to the Ministry of Industry and
Trade and the Ministry of Planning and Investment for
consideration and settlement./.
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FOR THE
MINISTER OF PLANNING AND INVESTMENT
DEPUTY MINISTER
Nguyen Van Trung
FOR THE
MINISTER OF INDUSTRY AND TRADE
DEPUTY MINISTER
Nguyen Nam Hai