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THE PRIME MINISTER
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 1431/QD-TTg
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Hanoi, November 19, 2024
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DECISION
APPROVING INVESTMENT GUIDELINES FOR PROJECT ON INVESTMENT
IN CONSTRUCTION AND OPERATION OF WHA SMART TECHNOLOGY - THANH HOA INDUSTRIAL
PARK INFRASTRUCTURE
THE PRIME MINISTER
Pursuant to the Law on
Government Organization dated June 19, 2015; Law dated November 22, 2019 on
Amendments to some Articles of the Law on Government Organization and Law on
Local Government Organization;
Pursuant to the Law on
Investment dated June 17, 2020;
Pursuant to the
Government’s Decree No. 31/2021/ND-CP dated March 26, 2021 on elaboration of
some Articles of the Law on Investment;
Pursuant to the
Government’s Decree No. 35/2022/ND-CP dated May 28, 2022 on management of
industrial parks and economic zones;
Pursuant to the
Circular No. 03/2021/TT-BKHDT dated April 09, 2021 of the Minister of Planning
and Investment prescribing templates for documents and reports related to
investment activities in Vietnam, outward investment activities and investment
promotion activities and Circular No. 25/2023/TT-BKHDT dated December 31, 2023
of the Minister of Planning and Investment on amendments to some Articles of
the Circular No. 03/2021/TT-BKHDT;
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In view of the
Appraisal Report No. 5396/BC-BKHDT dated July 10, 2024, Official Dispatch No.
8113/BKHDT-QLKKT dated October 04, 2024 and Official Dispatch No.
9164/BKHDT-QLKKT dated November 06, 2024 of the Ministry of Planning and
Investment,
HEREBY DECIDES:
Article
1. Both investment guidelines and investors are approved. To
be specific:
1. Investors:
- First investor: WHA
Industrial Development 2 (SG) Pte. Ltd.;
- Second investor: WHA
Industrial Management Services Vietnam Co., Ltd;
- Third investor: WHAUP
Nghe An JSC.
2. Project’s name:
Project on investment in construction and operation of WHA Smart Technology -
Thanh Hoa Industrial Park infrastructure.
3. Project’s objectives:
investment in construction and operation of industrial park infrastructure.
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5. Total investment
capital of the project: VND 1.320 billion (in words: one thousand three
hundred and twenty billion dongs), equivalent to USD 55 million (in
words: fifty-five million US dollars), with investors contributing VND 216
billion (in words: two hundred and sixteen billion dongs), equivalent to
USD 9 million (in words: nine million US dollars).
6. Duration of the
project: 50 years from the date of approval of both investment guidelines and
investors.
7. Location of the
project: in communes of Hoang Quy, Hoang Quy, Hoang Xuyen and Hoang Cat, Hoang
Hoa district, Thanh Hoa province.
8. Time limit for project
execution: no more than 36 months from the date on which the economic
organization executing the project established by the investors is allocated
land by the State.
9. Investment incentives
and assistance, and conditions for application thereof: as per applicable
regulations of law.
Article
2. Implementation
1. Responsibilities of
related Ministries:
a) The Ministry of
Planning and Investment shall take responsibility for the contents of investment
guidelines which it is assigned to appraise and perform state management if
industrial parks in accordance with the Law on Investment and relevant
regulations of law.
b) Related Ministries
shall take responsibility for the contents of investment guidelines which they
are assigned to appraise within their jurisdiction in accordance with the Law
on Investment and relevant regulations of law.
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a) Ensure the accuracy of
reported information and data, and appraisal contents as prescribed by law;
assume responsibility for conformity of the project with the planning approved
by competent authorities;
b) Estimate the necessary
land area and make sure the project is allocated sufficient land for the
industrial park for execution within the approved time limit provided the land
allocation limits under the planning of Thanh Hoa province and annual land use
plan of Hoang Hoa district approved by the competent authority in accordance
with the law on land are not exceeded;
c) Organize the
formulation and implementation of plans for land expropriation, compensation,
assistance, relocation, repurposing and lease of land for execution of the
project in conformity with the documents approved by competent authorities on
the area of land reserved, location and time limit for execution of the
project, in compliance with regulations of land law and other relevant
regulations of law; ensure that there is not any dispute or complaint about the
right to use the project location. In case public property exists in the
project location, regulations of law on management and use of public property
shall be complied with, ensuring that no loss or damage is caused to the
state-owned property. The allocation and lease of small parcels (if any)
managed by the State shall satisfy the criteria set out in Article 47 of the
Government’s Decree No. 102/2024/ND-CP dated July 30, 2024 on elaboration of
some Articles of the Law on Land;
d) Provide compensatory
rice cultivation land area or increase productivity of rice cultivation land as
prescribed in point b clause 4 Article 182 of the Law on Land;
dd) Rename the industrial
park under its authority and in conformity with the regulations set forth in
Article 12 of the Decree No. 35/2022/ND-CP; direct the adjustment of the
industrial park construction zoning planning if there is any change in the
project’s land use structure compared to that in the approved planning;
e) Fulfill the
responsibility of investment authorities for supervising and assessing
investment projects as prescribed in point a clause 2 and point b clause 3
Article 70 of the Law on Investment, Article 72 and Article 93 of the
Government’s Decree No. 29/2021/ND-CP dated March 26, 2021 prescribing
procedures for appraisal of projects of national significance, and supervision
and assessment of investment;
g) Direct the Management
Board of Nghi Son Economic Zone and Industrial Parks of Thanh Hoa province and
relevant agencies to:
- Conduct review and make
sure that the project location suits the requirements for protection and
upholding of value of cultural heritage and conditions under regulations of law
on cultural heritage.
- Specify the time limit
for project execution in the investment registration certificate as prescribed
in clause 8 Article 40 of the Law on Investment.
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- Request the investors
to: (i) Investors are required to: (i) in the course of executing the project,
if discovered minerals have a value higher than that of minerals used as common
building materials, report such to a competent authority for its instructions
in accordance with regulations of law on minerals; (ii) cooperate in
compensation, assistance, relocation and investment in the construction of
housing and public service and utility facilities for workers working in
the industrial park; (iii) comply with regulations of law on irrigation and
natural disaster management; implement the plan to return hydraulic structures
and canals as determined in the approved general planning for construction of
Phu Quy Industrial Park and in accordance with the regulations of law on
irrigation, ensuring that the execution of the project does not affect the
management and operation of the irrigation system and local farmers'
cultivation capability; (iv) receive comments from Ministries and People's
Committee of Thanh Hoa Province in the course of executing the project,
ensuring the compliance with regulations of law and relevant planning approved
by competent authorities.
- Check and determine
whether economic organization executing the project established by the
investors is eligible to be allocated land by the State, granted the permission
for land repurposing at the time of land lease or permission for land
repurposing for execution of the project by the State as per regulations of law
on investment, law on land and law on real estate business; supervise the
investors borrowing capital from credit institutions or issuing corporate bonds
for execution of the project in accordance with regulations of law on real
estate business;
- Fulfill the
responsibility of investment registration authorities for supervising and
assessing investment projects to which they grant investment registration
certificates as prescribed in point b clause 2 and point c clause 3 Article 70
of the Law on Investment and Article 94 of the Government’s Decree No.
29/2021/ND-CP.
3. Responsibilities of
investors:
a) Take legal
responsibility for the legitimacy, accuracy and truthfulness of the project
dossier and documents submitted to competent authorities;
b) Establish an economic
organization for project execution, contribute capital in full and within the
prescribed time limit in accordance with regulations of law on enterprises,
honor their undertakings and comply with regulations of law on land, law on
real estate business and other relevant regulations of law upon execution of
the project according to this Decision; invest in construction of
infrastructure according to the planning for construction of Phu Quy Industrial
Park approved by the competent authority;
c) Satisfy the conditions
applicable to real estate enterprise according to regulations of law on real
estate business upon operation of industrial park infrastructure;
d) Adhere to the
regulations set out under clause 4 Article 182 of the Law on Land and clause 2
Article 57 of the Law on Crop Production;
dd) Complete procedures
for environmental protection in compliance with regulations of law on
environmental protection and its related guiding documents;
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g) Invest in
infrastructure of the industrial park in the form of an industrial park supporting
and attracting investment projects as prescribed in clause 3 Article 2, clause
3 Article 32 of the Decree No. 35/2022/ND-CP, in conformity with the
orientation for regional development and regional linkage specified in point a
clause 1 Article 3 of the Resolution No. 81/2023/QH15, the orientation for
development of industrial parks specified in point a clause 3 Part V Article 1
of the Decision No. 376/QD-TTg, the plan for development of industrial parks
specified in point b clause 5 Part IV Article 1 of the Decision No. 153/QD-TTg,
and regulations on development of supporting industries according to the Decree
No. 111/2015/ND-CP; in case of violating the commitment, the investors shall
bear all risks and costs, and assume total responsibility as prescribed in
Articles 47 and 48 of the Law on Investment;
h) Discharge other
obligations of the investors to the project as prescribed by law.
Article
3. Implementation clause
1. This Decision comes
into force from the date on which it is signed for promulgation.
2. The Chairperson of the
People’s Committee of Thanh Hoa Province, investors specified in Article 1,
organizations and individuals concerned are responsible for the implementation
of this Decision./.
PP. THE PRIME MINISTER
THE DEPUTY PRIME MINISTER
Bui Thanh Son