Joint Circular No. 06/2015/TTLT-BKHĐT-BNV guiding the functions, tasks, powers, and organizational structure of the Industrial Park Management Board, Export Processing Zone Management Board, and Economic Zone Management Board.

JOINT CIRCULAR

Guidelines on functions, tasks, powers, and organizational structure of Ba) Managing, using, and operating technical equipment in accordance with Articles 10, 11, and 12 of Decree No. 135/2021/NĐ-CP dated December 31, 2021, issued by the Government, stipulating the list, management, and use of technical equipment, and the procedures for collecting and using data obtained from technical equipment provided by individuals or organizations for detecting administrative violations (hereinafter referred to as Decree No. 135/2021/NĐ-CP); Article 24management

industrial park, export processing zone, economic zonepolicies

____________________

Pursuant to Decree No. 29/2008/NĐ-CP dated March 14, 2008 of the Government on industrial parks, export processing zones, and economic zones, and Decree No. 164/2013/NĐ-CP dated November 12, 2013 of the Government amending and supplementing certain articles of Decree No. 29/2008/NĐ-CP;

Pursuant to Decree No. 116/2008/NĐ-CP dated November 14, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment,

Pursuant to Decree No. 58/2014/NĐ-CP dated June 16, 2014, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

The Minister of Planning and Investment and the Minister of Home Affairs issue a joint circular guiding the functions, tasks, powers, and organizational structure of the Management Board of industrial parks, export processing zones, economic zones, and border economic zones (hereinafter referred to collectively as the Management Board) as follows:

Article 1. Position and Functions

1. The Management Board is an agency under the provincial People's Committee (hereinafter referred to collectively as the Provincial People's Committee) responsible for directly performing state management functions over industrial parks, export processing zones (hereinafter referred to collectively as industrial parks), coastal economic zones, border economic zones (hereinafter referred to collectively as economic zones), and organizations providing administrative public services and other supporting services related to investment and business operations within industrial parks and economic zones.

2. The Management Board is subject to the direction and management regarding organization, staffing, civil servants, officials, work programs and plans, and operational funding by the Provincial People's Committee; it is also subject to the direction, guidance, and supervision regarding professional and technical matters by relevant ministries and sectors in the field of industrial park and economic zone management; it has the responsibility to closely coordinate with specialized agencies under the Provincial People's Committee in the management of industrial parks and economic zones.

3. The Management Board has legal personality; its account and seal bear the national emblem; it uses administrative state management funds, operational public service funds, and development capital from the state budget according to annual plans; and other sources of funding as prescribed by law.

Article 2. Tasks and Powers of the Management Board

The Management Board performs tasks and powers as prescribed by law, delegated by authorized agencies, and other tasks and powers assigned by the Provincial People's Committee, specifically as follows.

1. Submit to the People's Committee at the provincial level

a) Drafting documents stipulating the functions, tasks, powers, and organizational structure of the Management Board;

b) Drafting documents stipulating conditions and standards for positions of heads and deputy heads of units under the Management Board;

c) Drafting proposals for establishing, restructuring Management Boards in accordance with the law;

d) Regulations on coordinating work with specialized agencies under the Provincial People's Committee and other related agencies to implement assigned tasks and powers through a single-window mechanism;

đ) Drafting proposals for planning, adjusting, and supplementing development plans for industrial parks and economic zones;

e) Annual and five-year plans for developing industrial parks and economic zones, human resource development, and development capital;

g) Drafting decisions, directives, documents; programs, measures to organize the implementation of state administrative reform tasks within the scope of management of the Management Board as prescribed by law.

2. Submit to the Chairman of the Provincial People's Committee

a) Drafting decisions on establishing, merging, splitting, restructuring, and dissolving organizations and units under the Management Board in accordance with the law;

b) Drafting documents within the authority of the Chairman of the Provincial People's Committee concerning industrial parks and economic zones.

3. Assist the Provincial People's Committee in managing the use of state budget capital for construction and development of industrial parks and economic zones;

4. Guide, inspect, and organize the implementation of laws, plans, projects, policies, and mechanisms concerning industrial parks and economic zones after their issuance and approval; provide information, promote, guide, disseminate, and monitor the enforcement of local laws on industrial parks and economic zones.

5. On investment management

a) Receive, issue, adjust, and revoke Investment Registration Certificates for projects within the authority as prescribed by investment law;

b) Organize investment promotion activities according to plans approved by the Ministry of Planning and Investment, relevant ministries, and the Provincial People's Committee; participate in investment promotion programs organized by the Ministry of Planning and Investment, relevant ministries, and the Provincial People's Committee; guide and support investors within their authority during project preparation and implementation; report regularly on investment promotion activities to the Ministry of Planning and Investment and the Provincial People's Committee in accordance with the State Management Regulation on Investment Promotion issued together with Decision No. 03/2014/QĐ-TTg dated January 14, 2014 of the Prime Minister;

c) Resolve difficulties and issues faced by investors, evaluate investment effectiveness in industrial parks, export processing zones, and economic zones; submit quarterly, semi-annual, and annual reports on investment activities and business operations in industrial parks and economic zones to the Provincial People's Committee and the Ministry of Planning and Investment as required.

6. On environmental management

a) Organize the review and approval of environmental impact assessment reports for projects in industrial parks and economic zones upon delegation by the Provincial People's Committee (for projects within the authority of the Provincial People's Committee);

b) Receive registration and confirm environmental protection plans for entities required to register in industrial parks and economic zones upon delegation by provincial environmental authorities and district-level People's Committees (for projects within the authority of district-level People's Committees);

c) Organize the review and approval of detailed environmental protection plans and simplified environmental protection plans for projects in industrial parks and economic zones upon delegation by competent authorities;

d) Organize inspections and confirmation of completion of environmental protection works serving the operation phase of projects in industrial parks and economic zones in accordance with environmental protection laws.

7. On planning and construction management

a) Adjusting detailed construction planning that has been approved for industrial zones, functional areas within economic zones without changing the land use function and planning structure;

b) Reviewing the basic design for investment projects belonging to Group B and C which require review within industrial zones and economic zones;

c) Issuing, adjusting, extending, reissuing, and revoking Construction Permits for construction works within industrial zones and economic zones that require such permits according to分级授权或省级人民政府委托；

8. Implement tasks related to planning management, construction project management, and construction quality management within industrial zones and economic zones in accordance with laws on construction and分级授权或有权机关的委托；

8. Carry out state management tasks regarding labor in accordance with the guidelines of the Ministry of Labor, Invalids, and Social Affairs as stipulated in Circular No. 32/2014/TT-BLDTBXH dated December 1, 2014, specifically as follows:

a) Receiving reports from enterprises within industrial zones and economic zones regarding the demand for foreign workers for positions where Vietnamese workers cannot meet the requirements, compiling them, and submitting to the Chairman of the Provincial People's Committee for decision pursuant to the delegation of the Provincial People's Committee;

b) Issuing, reissuing, and revoking Work Permits for foreign workers working in industrial zones and economic zones; confirming foreign workers working for enterprises within industrial zones and economic zones who are not required to obtain work permits pursuant to the delegation of the Department of Labor, Invalids, and Social Affairs;

c) Organizing the registration of labor regulations, receiving collective labor agreements pursuant to the delegation of the Provincial People's Committee; receiving registration of wage scales and labor norms of enterprises within industrial zones and economic zones pursuant to the delegation of the County People's Committee;

d) Receiving notifications about mass layoffs, reports on leasing labor, annual training results, and skill enhancement of enterprises within industrial zones and economic zones pursuant to the delegation of the Provincial People's Committee;

e) Receiving and processing applications for internship labor contracts of enterprises within industrial zones and economic zones, activities of sending workers abroad for internships to improve skills for less than 90 days pursuant to the delegation of the Department of Labor, Invalids, and Social Affairs;

f) Receiving reports on labor usage, reports on changes in labor conditions; receiving notifications on organizing overtime work between 200 to 300 hours annually by enterprises within industrial zones and economic zones pursuant to the delegation of the Department of Labor, Invalids, and Social Affairs;

g) Receiving notifications on the location, area, start date of operation, and key personnel of labor leasing enterprises within industrial zones and economic zones pursuant to the delegation of the Department of Labor, Invalids, and Social Affairs;

h) Carrying out labor management tasks within industrial zones and economic zones, including ensuring occupational safety and health, building labor relations, resolving labor disputes, and strikes in accordance with labor laws or guidance from competent authorities;

9. Regarding trade management

a) Issuing, reissuing, amending, supplementing, and extending Business Registration Certificates for representative offices of foreign organizations and traders located in industrial zones and economic zones in accordance with the guidelines of the Ministry of Industry and Trade;

b) Issuing Business Licenses, supplementing business objectives for the purchase and sale of goods and related activities directly linked to the purchase and sale of goods for foreign-invested enterprises and foreign investors investing in industrial zones and economic zones in accordance with laws, guidelines of the Ministry of Industry and Trade, and the delegation of the provincial People's Committee;

c) Issuing, reissuing, amending, and supplementing various types of Business Operation Certificates and Business Licenses for certain goods under specialized management for traders establishing headquarters and operating businesses in industrial zones and economic zones in accordance with the guidelines of the Ministry of Industry and Trade;

d) Issuing various certificates of origin for goods produced in industrial zones and economic zones in accordance with the guidelines and delegation of the Ministry of Industry and Trade.

10. Regarding land management and real estate

a) Receiving registrations of rental price frameworks, sub-rental prices, and infrastructure fees for industrial zones and economic zones from investors constructing and operating industrial zone infrastructure, export processing zones, economic zones, and other functions and tasks related to real estate business management in accordance with the law;

b) The Management Board of Economic Zones shall perform land management functions and tasks as stipulated in Article 151 of the Land Law No. 45/2013/QH13 and Article 53 of Decree No. 43/2014/NĐ-CP dated May 15, 2014 of the Government detailing and guiding the implementation of certain provisions of the Land Law.

11. Issuing certain types of licenses and certificates within industrial zones, export processing zones, and economic zones in accordance with authority, guidelines, and delegation from ministries, provincial people's committees, and competent authorities;

12. Other tasks and powers

a) Implementing international cooperation in the field of developing industrial zones and economic zones in accordance with the law and the division of responsibilities or delegation of the provincial people's committee and the Chairman of the provincial people's committee;

b) Organizing research and application of scientific and technological progress; building information systems and archives to serve state management and professional tasks in the assigned fields;

c) Organizing inspections and handling violations within its authority or recommending competent authorities to handle violations in investment, environment, labor, trade, and construction sectors under delegated state management; participating in inspections, organizing the resolution of complaints and grievances in accordance with the law; implementing anti-corruption measures, thrift, and prevention of waste.

d) Manage the organizational structure, civil servant staffing, job grade structure of civil servants, job positions, structural composition of officials according to occupational titles, and the number of employees in public service units; implement salary systems and incentive policies, training, rewards, and disciplinary measures for civil servants, officials, and workers under the management of the Management Board in accordance with the provisions of the law and the delegation or authorization of the provincial People's Committee;

đ) Manage and be responsible for financial resources and assets assigned in accordance with the provisions of the law;

e) Carry out information work and regular and urgent reports on the implementation of tasks in the assigned fields of work to the provincial People's Committee, the Ministry of Planning and Investment, and relevant ministries and sectors; receive statistical reports and financial statements from enterprises operating in industrial zones and economic zones; establish an information system for industrial zones and economic zones within its jurisdiction and connect it to the national information system for industrial zones and economic zones;

g) Organize competitive movements and reward enterprises in industrial zones and economic zones;

h) Perform other tasks and powers as prescribed by law and delegated or authorized by the provincial People's Committee and the Chairman of the provincial People's Committee;

đ) Based on the regulations on the delegation of organizational and cadre management, the Director of the Department decides or submits to the competent authority for decisions regarding the appointment and dismissal of heads and deputy heads of units under the Department according to the position standards set by the provincial people's committee;

1. Leadership of the Management Board

a) The Management Board has a Director and not more than three (3) Deputy Directors;

b) The Director of the Management Board is the head of the Management Board, responsible for managing all activities of the Management Board, accountable to the provincial People's Committee and the law for the operation and effectiveness of industrial zones and economic zones; coordinate with heads of departments, political-social organizations, and related agencies in performing the tasks of the Management Board;

c) Deputy Directors assist the Director, are responsible to the Director and the law for the tasks assigned to them; when the Director is absent, a Deputy Director appointed by the Director shall manage the activities of the Management Board;

d) The appointment of the Director and Deputy Directors is decided by the Chairman of the provincial People's Committee in accordance with the provisions of the law; the transfer, rotation, reward, punishment, removal, resignation, retirement, and implementation of other policies and benefits for the Director and Deputy Directors are decided by the Chairman of the provincial People's Committee in accordance with the provisions of the law;

2. Structure

a) The organizational structure of the Management Board includes specialized and functional departments; the Management Board Office; representative offices in industrial zones and economic zones (if any); public service units (if any);

The number of specialized and functional departments shall not exceed five, named as follows: Planning and Integration Department; Investment Management Department; Enterprise Management Department; Natural Resources and Environment Management Department; Planning and Construction Management Department;

For localities where the number of workers in industrial zones and economic zones reaches 50,000 workers or more, the Management Board may supplement and establish a Labor Management Department;

For localities with 200 investment projects or more in operation with total registered investment exceeding 2.5 billion USD or 100 investment projects with total registered capital exceeding 5.0 billion USD in industrial zones and economic zones, the Management Board may supplement and establish an Investment Support and Supervision Department;

b) The Management Board organizes and establishes a "one-stop" service unit to serve as the point of contact for receiving and processing administrative procedures for investors in industrial zones and economic zones and other related organizations and individuals;

c) For industrial zones and economic zones located outside the headquarters area of the Management Board and requiring on-site administrative support, the Management Board may establish representative offices in those industrial zones and economic zones;

Representative offices perform tasks such as guiding administrative procedures; providing "one-stop" administrative services; directly handling certain administrative procedures assigned by the Director of the Management Board;

d) Based on the nature, characteristics, and requirements for state management of industrial zones and economic zones within its jurisdiction, the Director of the Management Board, in coordination with the Director of the Department of Home Affairs, shall submit to the provincial People's Committee for decision on the functions, tasks, powers, and organizational structure of the Management Board, and decide on the establishment of subordinate public service units in accordance with the provisions of the law;

The provincial People's Committee decides on the establishment of representative offices in industrial zones and economic zones, Labor Management Departments, and Investment Support and Supervision Departments of the Management Board after obtaining the consensus of the Ministry of Home Affairs and the Ministry of Planning and Investment;

3. Staffing

The staffing of civil servants and the number of workers in public service units of the Management Board are allocated based on job positions, linked to functions, tasks, scope of operations, and within the total staffing of civil servants and the number of workers in administrative agencies and public service units of the province or centrally-administered city approved by the competent authority;

Article 4. Effectiveness and Responsibility for Implementation

1. This Circular takes effect from October 19, 2015;

2. Provincial People's Committees of centrally-administered cities shall specify the functions, tasks, and organizational structures of the Management Board within their jurisdictions in accordance with this Circular;

The Chairmen of provincial People's Committees of centrally-administered cities are responsible for organizing and implementing this Circular;

4. During the implementation process, if any issues arise, difficulties or obstacles occur, the provincial People's Committees of centrally-administered cities and related units shall promptly report to the Ministry of Planning and Investment and the Ministry of Home Affairs for consideration and resolution within their authority./.