The Regulation on the management of industrial parks and economic zones

Published on 01 - 06 - 2022
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The Government has just issued the Decree No. 35/2022/ND-CP stipulating the management of industrial parks and economic zones.

The Decree includes 08 Chapters, 76 Articles, regulating general issues; the investment in infrastructure, the establishment of industrial parks and economic zones; the policies on the development of industrial zones and economic zones; some types of industrial parks and industrial - service - urban zones; the national information system on industrial parks and economic zones; the State management of industrial parks and economic zones; the functions, tasks, powers and organizational structure of the Management Board of industrial parks, export processing zones and economic zones; and terms of performance.

The Decree stipulates that the investors implementing investment projects on construction and business of infrastructure of industrial zones must satisfy the following conditions: The conditions for real estate business in accordance with the law on real estate business, the conditions for land allocation, land lease or change of land use purpose by the State for the implementation of investment projects on construction and business of infrastructure of industrial parks according to the provisions of the law on land and legislation on forestry and other relevant provisions of law.

In case the investor implementing the investment project on construction and business of infrastructure of an industrial park is an economic organization that is expected to be established by the foreign investor in accordance with the provisions of the law on investment and the law on enterprises, the economic organization supposed to be established must be able to satisfy the conditions to be allocated, leased land, or permitted to change the land use purpose by the State according to the provisions of the law on land and legislation on forestry and other relevant laws.

In case of choosing to apply investor bidding, the evaluation criteria for selecting investors to carry out investment projects on construction and business of infrastructure of industrial parks include: the criteria for assessing investor's capacity are built on the basis of prescribed conditions; the criteria for assessing investor's experience are established on the basis of the size of the area, the progress of implementation, the performance of the investment project on construction and business of infrastructure of the industrial park or other real estate projects in which the investor has conducted or contributed equity to carry out the project; the owners, members, founding shareholders as organizations of the investors who have conducted or contributed equity capital to carry out the project; the technical evaluation criteria are developed on the basis of contents of the Decision approving industrial park construction planning, the Decision approving investment policy of the project on construction and business of industrial park's infrastructure of the competent authority and other relevant provisions of law; the financial-commercial evaluation criteria are built on the basis of the competent authority's decision on the approval of investment policies and other provisions of law related to the selection of investors to implement the projects using land.

The Decree also stipulates the conditions for converting industrial parks to developing urban-service zones, including: The conformity with provincial planning, urban planning in the province and centrally-run cities; the industrial parks located in the inner city areas of special grade urban centers, grade I urban centers directly under the Central Government and grade I urban centers directly under the province; the operation period from the date the industrial park is established to the time of consideration for conversion is at least 15 years or half of the operation term of the industrial park; with the consent of the investor implementing the investment project on construction and business of infrastructure of the industrial park and over 75% of the enterprises in the industrial park in the area supposed to be converted (except for the following cases: The investment project has expired its operation term as prescribed by the investment law; the investment project is not eligible for land sublease extension in accordance with the land law and civil law; the investment projects causing serious environmental pollution subject to forced relocation according to the provisions of the law on environmental protection); have economic, social and environmental effects.

In addition, after the Prime Minister decides to convert all or part of the area of ​​the industrial park to the development of an urban-service zone, the investor of the infrastructure project of the industrial park or the investor implementing the projects shall follow the order and procedures for adjustment in accordance with the law on public investment, the law on investment and other relevant provisions of law. The selection of investors to carry out urban - service projects shall comply with the provisions of the law on investment, the law on bidding, the law on land, the law on housing and the law on real estate business and other relevant laws.

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