Decree No. 10/2024/NĐ-CP on high-tech zones

This Decree provides detailed regulations on investment in construction and operation of infrastructure in high-tech zones in Vietnam. It includes conditions for investors, rights and obligations of investors as well as evaluation criteria to select investors to implement projects. Particularly, it emphasizes compliance with regulations on security, public order, environmental protection, and fire prevention.

문서 번호10/2024/NĐ-CP
문서 유형Decree
발행 기관Ministry of Science and Technology
서명자Trần Lưu Quang — Phó Thủ tướng
업데이트12. 06. 2026
산업Science and Technology
분야High TechnologyTechnology Transfer
발행일01. 02. 2024
발효일25. 03. 2024
효력 만료일—
상태In effect
✦ 스마트 요약

This Decree provides detailed regulations on investment in construction and operation of infrastructure in high-tech zones in Vietnam. It includes conditions for investors, rights and obligations of investors as well as evaluation criteria to select investors to implement projects. Particularly, it emphasizes compliance with regulations on security, public order, environmental protection, and fire prevention.

적용 범위

Investors implementing investment projects in high-tech zones and infrastructure developers

핵심 사항

  • Conditions for investors
  • Rights and obligations of investors and infrastructure developers
  • Evaluation criteria to select investors to implement investment projects in construction and operation of infrastructure in high-tech zones.
  • Compliance with regulations on security, public order, environmental protection, and fire prevention.
  • Responsibility for payment for infrastructure usage and land rental, factory buildings, offices, warehouses.

🌐 이 문서의 사회적 영향

  • Creating favorable conditions for investment in construction of infrastructure in high-tech zones
  • Ensuring security and public order in the area
  • Environmental protection and fire prevention

❓ 자주 묻는 질문

What conditions must investors meet when investing in construction and operation of infrastructure in high-tech zones?

They must meet business conditions related to real estate, be allocated land, lease land, change land use purposes according to legal provisions. Additionally, they must register and commit to industries and types of investment projects attracted to high-tech zones in accordance with approved development directions.

What responsibilities do investors have when using infrastructure in high-tech zones?

Investors must pay for the use of infrastructure invested by the State and infrastructure developers, as well as rent for land, factory buildings, offices, warehouses (if any).

What evaluation criteria are used to select investors to implement investment projects in construction and operation of infrastructure in high-tech zones?

These include criteria regarding the investor's capacity, experience, technical expertise, and financial-commercial capabilities.

전문

THE GOVERNMENT

Number: 10/2024/NĐ-CP

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

Hanoi, February 1, 2024

DECREE

Regulations on high-tech zones

_______________

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the High Technology Law dated November 13, 2008;

Pursuant to the Law on Science and Technology dated June 18, 2013;

Pursuant to the Investment Law dated June 17, 2020;

Pursuant to the Law on Public Investment dated June 13, 2019;

Pursuant to the State Budget Law dated June 25, 2015;

Pursuant to the Law on Enterprises dated June 17, 2020;

Pursuant to the Planning Law dated November 24, 2017;

Pursuant to the Law Amending and Supplementing Certain Provisions of 11 Laws Related to Planning dated June 15, 2018;

Pursuant to the Law Amending and Supplementing Certain Provisions of 37 Laws Related to Planning dated November 20, 2018;

Pursuant to the Urban Planning Law dated June 17, 2009;

The Government issues this Decree on management and development of industrial clusters.

Pursuant to the Law on Construction dated June 18, 2014; the Law Amending and Supplementing Certain Provisions of the Law on Construction dated June 17, 2020;

Pursuant to the Environmental Protection Law dated November 17, 2020;

Based on the Residence Law dated November 13, 2020;

Pursuant to the Labor Code on November 20, 2019;

Pursuant to the Law on Management and Use of State Assets dated June 21, 2017;

Pursuant to Resolution No. 61/2022/QH15 dated June 16, 2022 of the National Assembly on further strengthening the effectiveness of implementation of policies and laws on planning and some solutions to remove difficulties and obstacles, accelerate progress in planning and improve the quality of planning for the period 2021-2030;

Pursuant to the proposal of the Minister of Science and Technology;

The Government issues this Decree on regulations concerning high-tech zones.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree stipulates the orientation for construction and development plans of high-tech zones; establishment and expansion of high-tech zones; activities within high-tech zones; mechanisms, policies, and state management over high-tech zones (including high-tech zones as defined in Article 31 of the High-Tech Law and high-tech agricultural application zones as defined in Article 32 of the High-Tech Law).

2. The subjects to which this Decree applies include: State administrative agencies, organizations, and individuals related to planning, establishment, investment construction, management, and activities within high-tech zones.

Article 2. Interpretation of Terms

In this Decree, the following terms are understood as follows:

1. Expanding a high-tech zone means adjusting to increase the area of the high-tech zone, where the expanded area has adjacent or contiguous boundaries, can be connected and share infrastructure systems with the previously established high-tech zone.

2. The occupancy rate of a high-tech zone is the percentage (%) of land area (including water surface land) that investors have used after being assigned or leased for investment projects within the high-tech zone compared to the total land area planned for assignment or lease according to the approved detailed planning.

3. The infrastructure system of a high-tech zone includes infrastructure engineering works, environmental protection infrastructure works, fire prevention and firefighting infrastructure works, traffic safety assurance infrastructure works, public security infrastructure works, and information infrastructure. The infrastructure system of a high-tech zone is planned, designed, and constructed in a modern, integrated, environmentally friendly manner, providing smart management utilities.

For high-tech zones as defined in Article 31 of the High-Tech Law, the planning, design, and construction of the infrastructure system are oriented towards smart city standards.

4. Social infrastructure facilities serving the operation of high-tech zones are social infrastructure facilities as prescribed by construction laws, including educational, health, sports, cultural, green space, park, commercial, service, accommodation service, and residential area (outside the boundary of the high-tech zone) directly serving workers in the high-tech zone.

Investment projects in high-tech zones are investment projects as prescribed by the Investment Law and public investment projects as prescribed by the Public Investment Law; investors are organizations and individuals implementing investment projects in high-tech zones.

Chapter II

ORIENTATION FOR CONSTRUCTION,

DEVELOPMENT PLAN FOR HIGH-TECH ZONES;

ESTABLISHMENT AND EXPANSION OF HIGH-TECH ZONES

Section 1.

ORIENTATION FOR CONSTRUCTION,

DEVELOPMENT PLAN FOR HIGH-TECH ZONES

Article 3. Orientation for the construction of high-tech zones

1. The orientation for the construction of high-tech zones is a component of regional planning as stipulated in point d, Clause 2, Article 26 of the Planning Law, wherein it determines the objectives, directions, solutions, and implementation organization regarding the development of high-tech zones at the regional level.

2. The contents of the orientation for the construction of high-tech zones include:

a) Objectives, directions, spatial allocation orientations, and development solutions for high-tech zones on the territory of the region during the planning period;

b) Projected number and scale of area of high-tech zones in provinces and centrally governed cities within the region; orientations for high-tech zones with leading roles in scientific and technological development, having a driving force for economic and social development of the region.

3. The orientation for the construction of high-tech zones is established and adjusted concurrently with the process of drafting, reviewing, approving, and adjusting regional planning according to the laws on planning.

Article 4. Development Plan for High-Tech Zones

1. The development plan for high-tech zones is a component of provincial planning as stipulated in point d, Clause 2, Article 27 of the Planning Law, wherein it determines the objectives, directions, solutions, implementation organization, and list of high-tech zones within the province or centrally governed city.

2. The contents of the development plan for high-tech zones include:

a) Objectives, directions, and development solutions for high-tech zones during the planning period;

b) List of high-tech zones within the province or centrally governed city, including the name, scale of area, and proposed location of each high-tech zone;

c) Development plan for high-tech zones on the planning map (determining the location and projected scale of area for each high-tech zone).

3. The establishment of the list of high-tech zones within the province or centrally governed city must meet the following conditions:

a) The proposed area for establishing a high-tech zone has favorable factors and conditions regarding geographical location, natural conditions, technical infrastructure, social infrastructure, science and technology, education and training, economy and society (having the ability to mobilize investment resources for building and developing high-tech zones);

b) There is a residential area and public facilities adjacent to or surrounding the high-tech zone to serve the lives of experts and workers working in the high-tech zone;

c) The projected area for constructing the high-tech zone is suitable for implementing the tasks of high-tech zones as prescribed in Clause 2, Article 31 of the High-Tech Law (for high-tech zones prescribed in Article 31 of the High-Tech Law) or in Clause 2, Article 32 of the High-Tech Law (for high-tech agricultural zones applying advanced technology prescribed in Article 32 of the High-Tech Law);

d) It has potential to attract large-scale high-tech projects with significant impacts on the development of science and technology, economy, and society of the locality and the region;

đ) Comply with regulations on ensuring national defense, security, environmental protection, and response to climate change, protection of natural resources and historical, cultural, and natural heritage sites;

e) Be consistent with the orientation for the construction of high-tech zones.

4. The development plan for high-tech zones is established and adjusted concurrently with the process of drafting, reviewing, approving, and adjusting provincial planning according to the laws on planning.

5. The development plan for high-tech zones in provincial planning, which has been approved by the competent authority, serves as the basis for establishing and expanding high-tech zones; drafting and adjusting construction planning for high-tech zones; drafting and adjusting planning and investment development plans for technical and social infrastructure systems serving the development of high-tech zones according to relevant laws.

Section 2.

ESTABLISHMENT AND EXPANSION OF HIGH-TECH ZONES

Article 5. Conditions for establishing a high-tech zone

a/ Must be a trader registered for business according to current laws.

a) In accordance with the approved regional planning and provincial planning by the competent authority;

b) Having an appropriate area size and feasibility in land use; suitable natural conditions;

c) Having favorable infrastructure conditions and convenient transportation location;

d) Possessing the ability to connect with research and training institutions of high level;

đ) Having feasible plans for human resources and a professional management team for the high-tech zone;

e) Having feasible plans to mobilize various resources for investment in building technical infrastructure and social infrastructure systems of the high-tech zone; ensuring the budget balance capability of the state (if applicable);

g) Having feasible plans to construct residential areas and public facilities adjacent to or surrounding the high-tech zone to ensure service provision for the lives of experts and workers in the high-tech zone according to demand and construction progress of the high-tech zone;

h) Meeting environmental protection conditions as prescribed by laws on environmental protection;

i) Ensuring national defense and security.

2. Conditions for establishing a high-tech zone as stipulated in Article 31 of the High-Tech Law:

a) Meeting the conditions prescribed in Clause 1 of this Article;

b) Being consistent with the State's policies on developing high technology and high-tech industry;

c) Meeting the conditions to implement tasks prescribed in Clause 2 of Article 31 of the High-Tech Law;

d) Having feasible plans to provide technical infrastructure and services that meet the requirements of high technology research, application, development; high technology incubation, high-tech enterprise incubation; experimental production of high-tech products; provision of high-tech services.

3. Conditions for establishing a high-tech agricultural application zone as stipulated in Article 32 of the High-Tech Law:

a) Meeting the conditions prescribed in Clause 1 of this Article;

b) Consistent with strategies and plans for agricultural development;

c) Meeting the conditions to implement tasks prescribed in Clause 2 of Article 32 of the High-Tech Law;

d) Having feasible plans to provide technical infrastructure and services that meet the requirements of high technology research, training, testing, and demonstration applications in agriculture.

Article 6. Conditions for expanding a high-tech zone

1. The proposed expansion area must meet the conditions prescribed in Clause 2 of Article 5 when expanding a high-tech zone as stipulated in Article 31 of the High-Tech Law, and Clause 3 of Article 5 of this Decree when expanding a high-tech agricultural application zone as stipulated in Article 32 of the High-Tech Law.

2. The technical infrastructure system of the existing high-tech zone must complete the investment construction according to the general urban planning (if applicable) and the approved detailed urban planning.

3. The occupancy rate of the existing high-tech zone must reach at least 60%.

4. The proposed expansion area must have a position, scale, and conditions ensuring convenient connection with the technical infrastructure and social infrastructure systems of the existing high-tech zone.

Article 7. Documents for establishing and expanding a high-tech zone

1. The dossier for proposing the establishment and expansion of a high-tech zone established by the People's Committee of the province includes:

a) A report to the Prime Minister regarding the proposal to establish and expand a high-tech zone;

b) A project for establishing and expanding a high-tech zone.

2. The project for establishing a high-tech zone includes the following contents:

a) Legal basis and necessity for establishing a high-tech zone;

b) Evaluation of current status, factors, and conditions related to geographical location, natural environment, resources, science and technology, economic and social aspects, limitations, and comparative advantages of the proposed high-tech zone compared to other areas within the province or centrally governed city;

c) Evaluation and explanation of the ability to meet the conditions for establishing a high-tech zone as prescribed in Article 5 of this Decree (including relevant documents);

d) Proposed development direction of the high-tech zone including: development goals, nature, functions, tasks of the high-tech zone; development directions for priority industries in the high-tech zone; organizational orientation for functional zones to implement tasks as prescribed in the High-Tech Law, preliminary spatial development orientation, land use planning; human resource development and management team orientation;

đ) Proposed total investment capital, methods of mobilizing resources, and allocation of responsibilities for investing in the technical infrastructure system of the high-tech zone; investment construction and development plan and timeline;

e) Recommendations for solutions and implementation organization;

g) Presentation of the high-tech zone establishment plan on a map at a scale of 1:10,000 - 1:25,000.

3. The project for expanding a high-tech zone includes the following contents:

a) Legal basis and necessity for expanding a high-tech zone;

b) Evaluation of the construction, development, and operation of the existing high-tech zone according to the general urban planning (if applicable) and the approved detailed urban planning; clearly stating the occupancy rate of the high-tech zone;

c) Evaluation of current status, factors, and conditions related to geographical location, natural environment, resources, science and technology, economic and social aspects, limitations, and comparative advantages of the proposed expansion area;

d) Evaluation and explanation of the ability to meet the conditions for expanding a high-tech zone as prescribed in Article 6 of this Decree (including relevant documents);

đ) Proposed development direction for the expansion area including: development goals, nature, functions, tasks of the expanded part; development directions for priority industries in the expanded part; organizational orientation for functional zones to implement tasks as prescribed in the High-Tech Law, preliminary spatial development orientation, land use planning; human resource development orientation to meet expansion needs;

e) Proposed total investment capital, methods of mobilizing resources, and allocation of responsibilities for investing in the technical infrastructure system of the high-tech zone; investment construction and development plan and timeline;

g) Recommendations for solutions and implementation organization;

h) Present the plan to expand the high-tech zone on a map at a scale of 1:10,000 to 1:25,000.

4. The report submitted by the provincial People's Committee to the Prime Minister regarding the establishment and expansion of the high-tech zone shall include the following main contents: legal basis; necessity and process of developing the proposal for establishing and expanding the high-tech zone; summary content of the proposal for establishing and expanding the high-tech zone; evaluation of compliance with criteria for establishing and expanding the high-tech zone; recommendations on establishing and expanding the high-tech zone.

5. The dossier for the establishment and expansion of the high-tech zone submitted by the provincial People's Committee according to the provisions of Clauses 1, 2, 3, and 4 of this Article shall be prepared in ten sets (including two original sets) and sent to the agency responsible for submitting to the Prime Minister for the establishment and expansion of the high-tech zone in accordance with Article 8 of this Decree.

Article 8. Competence, procedures, and formalities for submitting to the Prime Minister for the establishment and expansion of the high-tech zone

1. The agency responsible for submitting for the establishment and expansion of the high-tech zone:

a) The Ministry of Science and Technology shall take the lead, coordinate with relevant state agencies to evaluate the dossier for the establishment and expansion of the high-tech zone as stipulated in Article 31 of the High-Tech Law before submitting to the Prime Minister for decision;

b) The Ministry of Agriculture and Rural Development shall take the lead, coordinate with relevant state agencies to evaluate the dossier for the establishment and expansion of the high-tech agricultural application zone as stipulated in Article 32 of the High-Tech Law before submitting to the Prime Minister for decision.

2. Procedures and formalities for the establishment and expansion of the high-tech zone:

a) The provincial People's Committee shall prepare the dossier in accordance with Article 7 of this Decree and send it to the agency responsible for submitting for the establishment and expansion of the high-tech zone as stipulated in Clause 1 of this Article;

b) Within five working days from the date of receipt of the complete dossier for the establishment and expansion of the high-tech zone as prescribed, the agency responsible as stipulated in Clause 1 of this Article shall send the dossier and the document seeking opinions of relevant state agencies;

c) Within twenty working days from the date of receipt of the document seeking opinions and the accompanying dossier, the agency whose opinion is sought shall be responsible for sending its written opinion on matters within its scope of administrative management to the agency seeking opinions;

d) Within five working days from the date of receipt of all written opinions, the agency responsible for submitting for the establishment and expansion of the high-tech zone shall synthesize the dossier according to the corresponding contents stipulated in Clause 3 of this Article for the establishment and expansion of the high-tech zone.

In cases where necessary, the agency responsible for submitting for the establishment and expansion of the high-tech zone may organize meetings with related ministries and sectors and the provincial People's Committee or establish an advisory council to clarify related issues;

đ) During the dossier evaluation period, if there is a request to amend or supplement the dossier, the agency responsible for submitting for the establishment and expansion of the high-tech zone shall notify the provincial People's Committee in writing to implement such amendments or supplements. The time taken to amend or supplement the dossier shall not be counted towards the dossier evaluation period;

e) Within five working days from the date of receipt of the amended and supplemented dossier for the establishment and expansion of the high-tech zone (if applicable), the agency responsible for submitting for the establishment and expansion of the high-tech zone shall prepare the dossier in accordance with Clause 1 of Article 9 of this Decree to submit to the Prime Minister for consideration and decision on the establishment and expansion of the high-tech zone.

3. The content of the dossier evaluation for the establishment and expansion of the high-tech zone includes:

a) Legal basis and necessity for the establishment and expansion of the high-tech zone;

b) Evaluation of compliance with conditions for establishing the high-tech zone and conditions for expanding the high-tech zone as stipulated in Article 6 of this Decree;

c) Evaluation of the feasibility of the development direction of the high-tech zone; plans for mobilizing resources to invest in building technical infrastructure systems of the high-tech zone, the expanded area of the high-tech zone, and connectivity with the existing technical infrastructure system of the high-tech zone; the ability to balance the state budget;

d) Preliminary evaluation of the contribution effect of the establishment and expansion of the high-tech zone in terms of science and technology, economy, and society;

đ) Feasibility of solutions for implementing the establishment and expansion of the high-tech zone.

Article 9. Documents for the establishment and expansion of high-tech zones and the authority to decide on the establishment and expansion of high-tech zones

1. The documents for the establishment and expansion of high-tech zones, as stipulated in Clause 1 of Article 8 of this Decree, shall be submitted to the Prime Minister for consideration and decision on the establishment and expansion of high-tech zones, including:

a) A proposal from the leading agency submitting the application for the establishment and expansion of the high-tech zone to the Prime Minister based on the results of the document review (including a draft Decision on the establishment and expansion and issuance of regulations governing the operation of the high-tech zone);

b) A proposal from the provincial People's Committee to the Prime Minister regarding the establishment and expansion of the high-tech zone (which has been revised and supplemented if required);

c) A project for the establishment and expansion of the high-tech zone by the provincial People's Committee (which has been revised and supplemented if required);

d) Any accompanying supporting documents (if applicable).

2. The Prime Minister shall consider and decide on the establishment and expansion of the high-tech zone.

The Decision on the establishment and expansion of the high-tech zone serves as the basis for organizing the planning and construction of the high-tech zone and the investment development plan for the high-tech zone.

Chapter III

POLICIES FOR THE DEVELOPMENT OF HIGH-TECH ZONES

Section 1.

INVESTMENT IN CONSTRUCTION AND DEVELOPMENT OF HIGH-TECH ZONES

Article 10. Sources of capital for investment in construction and development of high-tech zones

1. Capital for the construction and development of high-tech zones includes: state budget funds; investment capital from organizations and individuals, and other lawful sources of capital.

2. The State prioritizes support for investment development capital from the state budget, official development assistance (ODA), credit support, interest rate subsidies for preferential loans, and other forms of support as prescribed by law to prepare for investment, land clearance, construction of technical infrastructure systems, social infrastructure, and infrastructure serving the development of science and technology in high-tech zones.

3. The State encourages investors and organizations and individuals to invest in constructing technical infrastructure systems, social infrastructure, and infrastructure serving the development of science and technology in high-tech zones through business investment projects, public-private partnership investment methods, socialization, and other forms prescribed by law; voluntarily advance capital for compensation, support, and resettlement in land clearance for high-tech zones.

4. Projects for compensation, support, and resettlement, large-scale technical infrastructure system construction projects, and social infrastructure projects with key roles may mobilize government bonds, local government bonds according to the provisions of the law.

5. For the funding to implement the work of formulating and adjusting the construction planning of high-tech zones, the Management Board of the high-tech zone is permitted to mobilize and directly receive and use funds from sponsorship sources of organizations and individuals operating within the high-tech zone according to relevant laws.

6. The mobilization and use of these sources of capital shall be carried out in accordance with the provisions of the law on the state budget, public investment, public debt management, investment, public-private partnership investment methods, land, construction, and related laws.

Article 11. State budget support for investment

1. The provincial People's Committee shall develop plans for the development of high-tech zones, propose the use of state budget funds to organize the implementation of tasks for developing high-tech zones, including:

a) Investment preparation;

b) Preparing general construction planning and zoning construction planning;

c) Compensation, support, and resettlement;

d) Demining;

đ) Land leveling;

e) Building technical infrastructure systems within the high-tech zone according to the approved general planning and zoning construction planning for the high-tech zone;

g) Building administrative centers, public works of the High-Tech Zone Management Board; high-tech infrastructure and infrastructure serving the development of science and technology within the high-tech zone;

h) Building social infrastructure systems according to the approved general planning and zoning construction planning for the high-tech zone;

i) Building technical infrastructure and social infrastructure outside the perimeter of the high-tech zone to ensure synchronous connection, serving the activities of the high-tech zone and workers operating within the high-tech zone;

k) Prioritize full investment in all items specified at points a, b, c, d, đ, and e of this Clause for zones within the high-tech zone with functions of research and development, incubation, and high-tech human resource training.

2. The provincial People's Committee shall develop plans and regular expenditure budgets from the state budget to ensure the operation of the High-Tech Zone Management Board; manage, maintain, and operate technical infrastructure and social infrastructure systems within the high-tech zone (during the phase when the high-tech zone has not been fully occupied and revenue is insufficient to cover expenses) and other scientific and technological activities of the High-Tech Zone Management Board.

3. The use of state budget funds under this Article shall be implemented in accordance with the laws on the state budget, public investment, and related laws.

Section 2.

INVESTMENT INCENTIVE AND SUPPORT POLICY

Article 12. Investment incentive and support policy for projects investing in high-tech zones

1. High-tech zones are areas with preferential investment policies, enjoying investment incentives applicable to areas with particularly difficult socio-economic conditions as stipulated by the law on investment.

2. Specific levels of incentives and support for investment projects and activities within high-tech zones shall be applied in accordance with the laws on investment, corporate income tax, export tax, import tax, land, credit, and related laws.

3. The High-Tech Zone Management Board and competent authorities shall be responsible for implementing administrative procedures on investment, business, land, construction, environment, labor, taxation, customs, and related procedures under the one-stop and interlinked one-stop mechanisms as prescribed by law; provide support for recruitment of labor and other related issues during the process of investors' operations in the high-tech zone.

4. Investment projects and activities within high-tech zones shall be prioritized to participate in programs supporting training and recruitment of labor; programs supporting research and application of high-tech, technology transfer; programs supporting the development of high-tech industries, high-tech agriculture; supporting enterprises for innovation and creative start-ups; supporting loans and other government programs, ministries, sectors, and localities.

5. The People's Councils and provincial People's Committees shall formulate policies and allocate resources to support investment in line with their authority and legal provisions to attract investment projects and high-tech human resources to high-tech zones.

Article 13. Mechanism to Encourage Investment in Construction and Business of Technical Infrastructure

1. The State encourages organizations and individuals with sufficient experience and capacity to participate in investment in construction and business of technical infrastructure in high-tech zones, including investment in construction and business of the entire system of technical infrastructure in high-tech zones or part of the system of technical infrastructure in high-tech zones as prescribed in Article 23 of this Decree (hereinafter referred to as the Infrastructure Investor).

2. Projects for investment in construction and business of technical infrastructure shall enjoy incentives such as exemption from land rental fees, compensation, and land clearance costs according to regulations on land rental fee collection in high-tech zones.

3. Projects for investment in construction and business of technical infrastructure in high-tech zones shall be prioritized for state credit investment loans and shall implement lawful methods of capital mobilization as prescribed by laws on enterprises, laws on credit, and other relevant laws.

4. The management board of high-tech zones and related agencies shall have the responsibility to prioritize the resolution of administrative procedures related to the Infrastructure Investor and projects within the investment area for construction and business of technical infrastructure to ensure convenience for attracting investment and other activities of projects for investment in construction and business of technical infrastructure in high-tech zones.

5. In addition to the incentives stipulated in Clause 2 of this Article, projects for investment in construction and business of technical infrastructure in high-tech zones shall enjoy other levels of incentives as prescribed by laws on investment, tax, land, and other relevant laws; they shall be prioritized to participate in pilot programs and projects for developing smart cities and other supportive policies as prescribed by law.

6. People's Councils and Provincial People's Committees shall issue policies and allocate resources to support investment to attract projects for investment in construction and business of technical infrastructure in high-tech zones.

Article 14. Policies for Developing Social Infrastructure to Serve Workers in High-Tech Zones

1. Provincial People's Committees shall be responsible for planning residential areas and social infrastructure systems adjacent to or surrounding high-tech zones, ensuring convenient transportation connections, to directly serve workers working in high-tech zones while determining development plans for high-tech zones when drafting provincial master plans and ensuring that investments in construction are consistent with the needs and progress of high-tech zone construction.

2. The State encourages organizations and individuals with sufficient experience and capacity to participate in investment in construction and business of social infrastructure.

Social infrastructure projects include cultural facilities, parks, flower gardens, green spaces, and public recreational areas (excluding specialized recreational areas and parks with a combined architectural density exceeding 5%) which are invested in through public-private partnership models or by socialized capital and voluntary contributions from organizations and individuals.

3. People's Councils and Provincial People's Committees shall issue policies and allocate resources to support investment in accordance with their authority and legal provisions to attract projects for investment in social infrastructure serving the operations of high-tech zones.

4. Projects for investment in housing, service facilities, and public utilities directly serving workers working in high-tech zones shall enjoy preferential policies and support as prescribed by laws on social housing construction and other relevant laws.

5. The subjects eligible to lease, purchase, or lease-purchase housing and accommodation facilities serving workers in high-tech zones (purchase and lease-purchase of housing shall only be implemented for housing built outside the boundaries of high-tech zones) include:

a) Organizations that are investors and individuals who are experts and workers employed at high-tech zones may lease housing during their operational and working periods at high-tech zones;

b) Workers employed in the management boards of high-tech zones, experts, and workers with indefinite-term labor contracts with investors in high-tech zones shall be prioritized for consideration in purchasing housing.

Article 15. Policy for high technology research and development activities, high technology incubation, high technology business incubation, and high technology human resource training

1. For high technology zones where the state budget invests in constructing technical infrastructure systems, the sub-zones with functions of research and development, high technology incubation, high technology businesses, and high technology human resource training shall be guaranteed investment by the state budget to clear land, level ground, and construct a complete technical infrastructure system.

2. The state budget prioritizes the construction of research and development facilities for high technologies, large-scale laboratories meeting international standards for research, analysis, testing, and calibration; high technology incubation facilities, high technology business incubation facilities; high technology human resource training facilities; high technology information infrastructure facilities in high technology zones to facilitate organizations and individuals' access, use, and exchange of high technology information.

3. The State prioritizes the use of official development assistance (ODA) funds, preferential credit, and other technical support as prescribed by law, resources from national programs on science and technology development, high technology development, support funds, and other lawful capital sources to invest in building research and development facilities for high technologies, high technology incubation facilities, high technology business incubation facilities, high technology human resource training facilities; supporting projects and activities related to high technology research and development, high technology incubation, high technology business incubation, and high technology human resource training.

4. Projects investing in constructing research and development facilities for high technologies, high technology incubation facilities, high technology business incubation facilities shall enjoy incentives such as exemption from land rental fees, compensation for land clearance and resettlement according to regulations on land rental fee collection in high technology zones.

5. High technology incubation facilities, high technology business incubation facilities, high technology incubation projects, high technology business incubation projects approved for incubation at high technology incubation facilities within high technology zones, technology innovation projects shall receive funding, support, loans, and loan guarantees from the National Technology Innovation Fund, Small and Medium Enterprise Development Fund, and other lawful funding sources to implement activities as prescribed by law.

6. Encouraging the organization of national and international technology exhibitions in high technology zones; promoting supply-demand connection activities, partner search, collaboration between research and development facilities, incubation facilities, innovative start-up enterprises, high technology product manufacturing facilities, domestic and foreign high technology application facilities; prioritizing the promotion of high technology products through the Ministry of Science and Technology and the Ministry of Agriculture and Rural Development's information media, national and local technology trading platforms.

7. Encouraging and creating favorable conditions for organizations and individuals providing services for high technology evaluation, valuation, inspection, technology transfer consulting, intellectual property, legal services, brokerage, investment, finance, insurance, scientific and technological services, and other services; investing in building high technology trading platforms, technology and equipment markets in high technology zones to promote commercialization of research and development results and technology transfer.

8. Encouraging the implementation of bilateral and multilateral cooperation programs, agreements, international integration projects on high technologies in high technology zones.

Article 16. Policy for export processing enterprises in high-tech zones

1. In addition to investment incentives and support provided under this Decree, export processing enterprises in high-tech zones specified in Clause 2, Article 32 of this Decree, when meeting conditions for customs inspection and supervision as prescribed for duty-free zones under tax laws on import and export duties, shall be subject to special regulations applicable to export processing enterprises operating in industrial parks and economic zones as stipulated by laws on industrial parks and economic zones.

Where export processing enterprises in high-tech zones meet conditions for customs inspection and supervision and regulations on import and export taxes before this Decree takes effect, they shall be subject to regulations applicable to export processing enterprises operating in industrial parks and economic zones as stipulated by laws on industrial parks and economic zones from the date such enterprises meet these conditions.

2. Investment procedures for export processing enterprises in high-tech zones

a) Registration of investment projects for establishing export processing enterprises shall be carried out in accordance with laws on investment and this Decree;

b) The project investment dossier shall include documents required for high-tech investment projects to produce high-tech products and a commitment regarding the ability to meet customs inspection and supervision conditions applicable to duty-free zones as prescribed in laws on export and import taxes;

c) The investment objectives of export processing enterprises shall be recorded in the Decision Approving the Investment Orientation/Green Card for Investment Registration or a document confirming that the investment project complies with the principles of high-tech operation as stipulated in this Decree.

Section 3.

OTHER POLICIES

Article 17. Planning and Construction Management

1. The construction planning of high-tech zones shall be established based on the development plan of high-tech zones in provincial planning and the Prime Minister's decision to establish high-tech zones. The establishment, review, and approval of construction planning for high-tech zones shall be carried out in accordance with laws on construction planning for functional areas.

2. The general construction planning and zoning construction planning of high-tech zones, once approved, serve as the basis for organizing detailed construction planning; organizing feasibility studies, investment orientation proposals, feasibility studies, and decisions on investment orientation for infrastructure projects in high-tech zones funded by public investment according to laws on public investment; organizing dossiers and approving investment orientation for construction and business infrastructure projects in high-tech zones and other investment projects in high-tech zones according to laws.

3. When preparing zoning construction planning within high-tech zones located in areas with approved general construction planning or urban master plans, it is not necessary to prepare planning tasks. When preparing detailed construction planning within high-tech zones in areas covered by approved general construction planning (if any) or zoning construction planning, it is not necessary to prepare planning tasks.

4. Construction of works in high-tech zones shall be carried out in accordance with laws on construction, land, investment, and other relevant laws.

5. The management board of high-tech zones shall cooperate with specialized agencies on planning and construction and People's Committees at all levels in managing planning activities, construction investment, construction quality management, and inspection, supervision, and handling of violations related to planning and construction in high-tech zones as prescribed by laws.

Article 18. Land Management

1. Based on the general construction planning (for high-tech zones with an area of 500 hectares or more) or the detailed construction planning (for high-tech zones with an area less than 500 hectares), which have been approved by the competent authority, the Provincial People's Committee decides to allocate land to the High-Tech Zone Management Board for management, organization of construction, and development of the high-tech zone.

2. The High-Tech Zone Management Board decides to allocate land without collecting land use fees for cases stipulated in Clause 2 and Clause 3 of Article 54 of the Land Law, lease land for cases stipulated in Article 56 of the Land Law, decide to extend the land use period when the allocated or leased land expires, recover land that has been leased or allocated according to the provisions of the Land Law; coordinate with relevant agencies to organize land management and use, inspect, examine, and handle violations related to land within the high-tech zone in accordance with the law.

For investment projects that must meet the conditions, principles, and criteria prescribed in Articles 24 and 35 of this Decree, the details of the investor's commitments recorded in the Decision allocating land without collecting land use fees/Decision leasing land/Land Lease Contract (subleasing land) shall serve as the basis for handling violations concerning the obligations of land users.

3. The land use regime for investment projects constructing and operating infrastructure in high-tech zones shall be implemented in accordance with the provisions of Article 23 of this Decree.

Article 19. Investment Activity Management

1. The High-Tech Zone Management Board is the agency registering investments and performs state management tasks regarding investment activities within the high-tech zone within its scope of duties, powers, and relevant laws.

2. Investment projects in high-tech zones must comply with the provisions of the investment law, related laws, and the conditions, principles, and criteria specified in Articles 24 and 35 of this Decree corresponding to each type of investment project.

3. In cases where investment projects must go through procedures for approval of investment proposals or issuance of Investment Registration Certificates, investors are responsible for explaining and committing to ensuring the conditions, principles, and criteria stipulated in Articles 24 and 35 of this Decree corresponding to each type of investment project in the application for approval of investment proposals/issuance of Investment Registration Certificates. The competent authority approving investment proposals/issuing Investment Registration Certificates shall review these contents in accordance with the procedures for reviewing applications for approval of investment proposals/issuance of Investment Registration Certificates. The details of the investor's commitments to the conditions, principles, and criteria stipulated in Articles 24 and 35 of this Decree are recorded in the Decision approving investment proposals/Investment Registration Certificates, serving as the basis for monitoring, evaluating investments, inspecting, examining, and handling violations in accordance with the Investment Law and related laws.

4. In cases where investment projects implementing high-tech activities do not need to go through procedures for approval of investment proposals or issuance of Investment Registration Certificates, investors are responsible for explaining and committing to ensuring the principles and criteria stipulated in Article 28 and Article 35 of this Decree corresponding to each type of investment project in the procedure for confirming that the investment project meets the principles of high-tech activities as prescribed in Article 26 of this Decree.

5. The High-Tech Zone Management Board periodically reviews and evaluates the implementation of the conditions, principles, and criteria stipulated in Articles 24 and 35 of this Decree for investment projects annually or at any time.

6. The High-Tech Zone Management Board monitors and evaluates investment activities, construction, and development of the high-tech zone; monitors, evaluates, and coordinates with relevant agencies and infrastructure developers to inspect and examine the contents stipulated in the Decision approving investment proposals/Investment Registration Certificates or documents confirming that the investment project meets the principles of high-tech activities as prescribed in this Decree, the implementation of requirements related to planning, construction, land, environmental protection, science and technology, and related laws; guides and resolves difficulties during the implementation of investment projects in the high-tech zone; coordinates to handle administrative violations in accordance with the law, decides to suspend or partially suspend, terminate or partially terminate investment project activities in the high-tech zone in accordance with the Investment Law.

7. Based on the strategy and plans for development at different periods, the High-Tech Zone Management Board builds and submits to the Provincial People's Committee for promulgation the List of Investment Projects to be Attracted in the High-Tech Zone after soliciting opinions from the Ministry of Science and Technology for high-tech zones as prescribed in Article 31 of the High-Tech Law and the Ministry of Agriculture and Rural Development for high-tech agricultural zones as prescribed in Article 32 of the High-Tech Law.

Article 20. Environmental protection management, labor, safety and hygiene, fire prevention and fighting, public security and other activities

1. The system of technical infrastructure works for environmental protection, fire prevention and fighting, ensuring public security, traffic safety, and other necessary fields of operation in the high-tech zone shall be planned, designed, and invested in construction and operation in a coordinated and appropriate manner with the scale and progress of investment projects, ensuring operations within the high-tech zone and complying with legal regulations.

2. The Management Board of the high-tech zone shall coordinate with specialized state management agencies, People's Committees at all levels, and related agencies to implement tasks related to environmental protection, labor, fire prevention and fighting, safety and hygiene, public security, and other activities within the high-tech zone in accordance with legal provisions.

Article 21. Management and operation of the technical infrastructure system

1. The Management Board of the high-tech zone shall organize the management, exploitation, operation, maintenance of the technical infrastructure system in the high-tech zone that is invested by the State and the works handed over by the Infrastructure Investor under Clause 2 of this Article, except for the works specified in Clause 3 of this Article.

2. The Infrastructure Investor shall organize the management, exploitation, operation, maintenance of the technical infrastructure works they have invested in or can hand over to the Management Board of the high-tech zone or state-owned enterprises responsible for electricity, water supply, and telecommunications to manage, exploit, operate, and maintain in order to ensure the overall system's synchronization.

3. State-owned enterprises responsible for electricity, water supply, and telecommunications shall organize the management, exploitation, operation, and maintenance of the technical infrastructure works for electricity, water supply, and telecommunications that they have invested in and handed over by the Infrastructure Investor under Clause 2 of this Article.

4. Investment in construction, maintenance, repair, and operation of the technical infrastructure works in the high-tech zone must meet the following requirements:

a) Compliance with the approved planning and design for construction;

b) Ensuring the synchronization of technical infrastructure works within the high-tech zone;

c) Ensuring the operation of investment projects within the high-tech zone.

5. The infrastructure usage fee invested by the State (including wastewater treatment costs) is revenue aimed at compensating for the costs of managing, exploiting, operating, and maintaining the technical infrastructure system invested by the State, excluding construction investment costs. Annually, the Management Board of the high-tech zone shall issue or submit to the Provincial People's Committee for issuance the level of the infrastructure usage fee invested by the State.

6. For high-tech zones where the State budget fully or partially invests in the technical infrastructure system, the source of funds for implementing management, exploitation, and operation of the technical infrastructure system shall be derived from the infrastructure usage fees collected from investors and the State budget subsidy during the period when the high-tech zone has not been fully occupied and revenue is insufficient to cover expenses. The State budget support shall be implemented according to the regulations on the分级管理 of the national budget.

7. The infrastructure usage fee invested by the Infrastructure Investor is revenue aimed at compensating for the costs of managing, operating, and maintaining the technical infrastructure system and construction investment (in cases of investment and business in technical infrastructure as stipulated in Clause 2 of Article 23 of this Decree) invested by the Infrastructure Investor.

8. The Infrastructure Investor shall price the infrastructure usage fee; land preparation costs; prices for selling, leasing factory buildings, offices, warehouses; land lease prices after constructing technical infrastructure; and other service fees according to legal regulations and register with the Management Board of the high-tech zone regarding pricing frameworks and fees. In cases where the Infrastructure Investor invests in part of the technical infrastructure system in the high-tech zone as stipulated in Clause 2 of Article 23 of this Decree, the pricing framework and fees must be approved by the Management Board of the high-tech zone.

Every six months or when there is an increase of more than 10% compared to the registered level, the Infrastructure Investor shall register the pricing framework and fees with the Management Board of the high-tech zone. If necessary, based on evaluating relevant regulations and their impact on the investment environment, the Management Board of the high-tech zone shall review the pricing framework and fees and request the Infrastructure Investor to re-register the pricing framework and fees stipulated in this clause.

9. The management and use of the technical infrastructure system formed from state budget capital shall be determined as state assets and managed and used in accordance with legal regulations on the management and use of state assets.

Article 22. Departure, Entry, Temporary Stay, Residence in High-Tech Zones

1. Investors, experts, workers, and family members (including parents, spouse, children under 18 years old or over 18 years old living with them), who are foreigners, shall be considered for issuance of multiple-entry visas valid for a period appropriate to their direct working time at high-tech zones in accordance with regulations.

2. Workers are permitted temporary stay and residence at accommodation facilities within high-tech zones to serve activities within such zones when the following conditions are met:

a) The accommodation area must be separately arranged from production areas, offices, ensuring safe environmental and occupational health distances in compliance with construction laws and other relevant laws; ensuring security, order, and not affecting the business operations of enterprises within high-tech zones;

b) Vietnamese workers shall comply with temporary stay and residence regulations under the law on residence; foreign workers shall comply with temporary stay regulations under the law on entry, exit, transit, and residence of foreigners in Vietnam.

3. In cases of force majeure directly caused by natural disasters, environmental disasters, fires, epidemics, wars, demonstrations, riots, or other emergency situations, workers are allowed to reside at enterprises within high-tech zones according to the following provisions:

a) Vietnamese workers are allowed to reside at enterprises within high-tech zones in accordance with the law on residence;

b) Foreign workers are allowed to remain at enterprises within high-tech zones for up to 30 days and must comply with temporary stay declaration regulations under the law on entry, exit, transit, and residence of foreigners in Vietnam.

Article 23. Investment in Construction and Business of Infrastructure in High-Tech Zones

1. Investment in construction and business of infrastructure in high-tech zones shall be carried out for the entire technical infrastructure system of the high-tech zone (in cases where the state budget does not invest in constructing the technical infrastructure system of the high-tech zone) or for part of the technical infrastructure system of the high-tech zone (in cases where the state budget partially invests in constructing the technical infrastructure system of the high-tech zone).

2. For investment projects in construction and business of infrastructure in high-tech zones that are partially funded by the state budget for constructing the technical infrastructure system:

a) For the area of constructing the technical infrastructure system and public land use according to the approved detailed planning for the infrastructure business investment project area, the Management Board of the high-tech zone shall lease land to the infrastructure investor for constructing the technical infrastructure system and public use areas. After completing the synchronous construction phases of the approved investment project, the infrastructure investor may lease the infrastructure they have invested in to production and business investors within the scope of the infrastructure business investment project;

b) For the area serving investment projects for production and business within the scope of the infrastructure business investment project (excluding the land area specified in point a of this Clause), based on the progress of constructing the technical infrastructure systems and investment attraction plans, the Management Board of the high-tech zone shall transfer land to the infrastructure investor to prepare the site or construct factories, offices, warehouses for leasing. After completing the site preparation or factory, office, warehouse construction, the infrastructure investor shall return the land to the Management Board of the high-tech zone.

The infrastructure investor is entitled to lease the technical infrastructure system they have invested in, factory buildings, offices, warehouses to investors within the scope of the infrastructure business investment project and collect from investors the infrastructure usage fees stipulated in Clause 7 of Article 21 of this Decree, site preparation costs (if applicable), rent or purchase price of factory buildings, offices, warehouses, and other fees as prescribed (if applicable);

c) If the infrastructure investor constructs factory buildings, offices, warehouses for leasing, they shall be granted a Certificate of Ownership of Factory Buildings on Land in accordance with the provisions of the Law on Land for cases where the owner of the constructed building is not simultaneously the land user, and they can lease factory buildings in accordance with the law;

d) If the infrastructure investor voluntarily advances funds to implement compensation and land clearance according to the plan approved by the competent state authority for the land area specified in point a of this Clause, the advanced amount shall be calculated as an investment cost of the project.

If the infrastructure investor advances funds to implement compensation and land clearance for the land area directly leased to investors by the state as specified in point b of this Clause, the investor shall be responsible for repaying the infrastructure investor the compensation and land clearance funds advanced by the infrastructure investor according to the approved plan and such repayment shall be deducted from the compensation and land clearance refund, and the land rent payable to the state by the investor.

3. For investment projects in construction and business of infrastructure in high-tech zones that are not funded by the state budget for constructing the technical infrastructure system:

a) The infrastructure investor shall be granted land lease by the state to carry out the investment project in construction and business of technical infrastructure in high-tech zones;

b) The infrastructure investor shall lease back the land already built with technical infrastructure systems and offices, factories, warehouses they have invested in constructing in accordance with laws on investment, construction, land, real estate business, and related laws.

c) For investment projects that must comply with the principles and criteria specified in Article 28 or Article 35 of this Decree, the Infrastructure Investor shall construct technical infrastructure systems and offices, factories, warehouses after the Management Board issues a document confirming that the investment project meets the high-tech operation principles as stipulated in Clause 4, Article 19 and Article 26 of this Decree;

d) In cases where the Infrastructure Investor voluntarily advances funds to implement compensation and land clearance according to the plan approved by the competent state authority, the amount advanced shall be calculated as part of the investment project costs.

Article 24. Conditions for investors of construction and business infrastructure projects in high-tech zones

1. Investors of construction and business infrastructure projects in high-tech zones must meet the following conditions:

a) Business conditions for real estate in accordance with laws on real estate business;

b) Conditions for the State to allocate land, lease land, and change land use purposes to implement construction and business infrastructure projects in high-tech zones as stipulated by laws on land and other relevant laws.

In cases where the investor of construction and business infrastructure projects in high-tech zones is an economic organization planned to be established by foreign investors in accordance with laws on investment and enterprise, the planned economic organization must have the capacity to meet the conditions for the State to allocate land, lease land, and permit changes in land use purposes as stipulated by laws on land and other relevant laws.

2. For cases where the investor implements construction and business infrastructure projects as stipulated in Clause 3, Article 23 of this Decree, in addition to the conditions prescribed in Clause 1 of this Article, they must also meet the following conditions when submitting procedures for approval of investment orientation and during the implementation of the project:

a) Registering and committing to industries and types of investment projects attracted to high-tech zones based on the development direction of high-tech zones as set out in the establishment and expansion plans of high-tech zones approved by the Prime Minister's Decision on establishing and expanding high-tech zones; commit to attracting existing high-tech investment projects that meet the principles and criteria specified in Article 28 and Article 35 of this Decree;

b) Establishing and implementing mechanisms to monitor the implementation of investment projects and compliance with commitments to meet the principles and criteria for investment projects as stipulated in Article 28 and Article 35 of this Decree, reporting annually or at any time about the results of implementation to the Management Board of the high-tech zone.

3. In cases where bidding is chosen to select investors, the evaluation criteria for selecting investors to implement construction and business infrastructure projects in high-tech zones include:

a) Evaluation criteria regarding the investor's capacity based on the conditions prescribed in Clause 1 of this Article and Clause 2 of this Article (for cases where the investor implements construction and business infrastructure projects as stipulated in Clause 3, Article 23 of this Decree);

b) Evaluation criteria regarding the investor's experience based on the scale, progress, and implementation status of construction and business infrastructure projects in high-tech zones or other real estate projects that the investor has implemented or invested capital to implement; owners, members, founding shareholders of organizations that the investor has implemented or invested capital to implement projects;

c) Technical evaluation criteria based on the content of the Decision approving the planning of high-tech zones, the Decision approving the investment orientation of construction and business infrastructure projects in high-tech zones by the competent authority, and other relevant laws;

d) Financial and commercial evaluation criteria based on the content of the Decision approving the investment orientation of construction and business infrastructure projects in high-tech zones by the competent authority and other relevant laws related to the selection of investors for projects using land.

Article 25. Rights and Obligations of Investors Implementing Investment Projects and Infrastructure Developers in High-Tech Zones

1. Investors implementing investment projects in high-tech zones and infrastructure developers outside the common rights and obligations of investors and enterprises under the laws on investment, laws on enterprises, this Decree, and other relevant laws shall also have the following rights and obligations:

a) Adhering to regulations on security, public order, safety, labor hygiene, construction quality, environmental protection, and fire prevention and explosion control; paying taxes, fees, and charges as prescribed;

b) Cooperating with police forces and competent state agencies to develop plans for fire prevention and explosion control, ensuring security, public order, and social safety within the area;

c) Reporting to the investment registration agency and the local state management agency on statistical information regarding the implementation of investment projects in accordance with the laws on investment;

d) Investors using land, factories, offices, warehouses within the scope of the infrastructure development project as stipulated in Clause 2, Article 23 of this Decree shall be responsible for paying infrastructure usage fees invested by the State as prescribed in Clause 5, Article 21 of this Decree; infrastructure usage fees invested by the infrastructure developer as prescribed in Clause 7, Article 21 of this Decree; rent for factories, offices, warehouses, and site preparation costs (if applicable);

đ) Investors using land, factories, offices, warehouses within the scope of the infrastructure development project as stipulated in Clause 3, Article 23 of this Decree shall be responsible for paying the infrastructure developer rent for land, factories, offices, warehouses (if applicable); infrastructure usage fees invested by the infrastructure developer as prescribed in Clause 7, Article 21 of this Decree.

2. In addition to the provisions of Clause 1 of this Article, investors using land, offices, factories, warehouses to implement investment projects as specified in Articles 28 and 35 of this Decree must comply with the principles corresponding to each type of investment project.

The investor's commitment to implement the principles and criteria prescribed in Articles 28 and 38 of this Decree shall be recorded in the Decision Approving the Investment Proposal/Investment Registration Certificate/Land Allocation Decision without Payment of Land Rent/Land Lease Decision (Sublease Agreement) or a document confirming that the investment project meets the high-tech operation principles prescribed in this Decree, serving as the basis for monitoring, evaluating investment, inspecting, checking, and handling violations if not implemented properly, including: no investment incentives may be applied, operations may be suspended or partially suspended, terminated or partially terminated if the investor fails to rectify violations within one year or according to the suspension period specified in the decision to suspend operations, in accordance with the Investment Law and related laws.

3. In addition to the provisions of Clause 1 of this Article, infrastructure developers shall have the following rights and obligations:

a) Leasing, negotiating, and cooperating with other investors to invest in constructing, maintaining, and operating infrastructure works in high-tech zones or shared infrastructure works inside and outside the zone's perimeter in accordance with civil laws and other relevant laws;

b) Organizing the collection of amounts as prescribed in Clause 8, Article 21 of this Decree;

c) Cooperating with the High-Tech Zone Management Board, tax authorities, and related agencies in inspecting, checking, supervising, and handling violations concerning the implementation of regulations within the scope of the infrastructure development project in high-tech zones;

d) For cases where the infrastructure development project in high-tech zones does not receive state budget investment for technical infrastructure systems as prescribed in Clause 3, Article 23 of this Decree, the infrastructure developer must fulfill the conditions prescribed in Clause 2, Article 24 of this Decree.

Article 26. Procedures and formalities for confirming that an investment project complies with the principles of high-tech operation as stipulated in Clause 4 of Article 19 of this Decree.

1. The investor shall prepare one set of registration documents to confirm that the investment project complies with the principles of high-tech operation and submit it directly or through postal services to the Management Board of the High-Tech Zone.

2. The documents for confirming that an investment project complies with the principles of high-tech operation include:

a) A written request to implement the investment project, including a commitment to bear all costs and risks if the investment project does not meet the required criteria upon evaluation.

b) Documents regarding the legal status of the investor.

c) An investment project proposal containing the following main contents: explanation and commitment to comply with each principle and criterion specified in Articles 28 and 35 of this Decree; objectives, scale, capital, progress of investment; labor and land requirements; proposals for investment incentives; preliminary environmental impact assessment.

d) Other documents (if any).

3. Within one working day from the date of receiving complete documents, the Management Board of the High-Tech Zone shall send the documents to relevant agencies for comments as follows:

a) For the High-Tech Zone as defined in Article 31 of the Law on High Technology, the Management Board of the High-Tech Zone shall send the documents to the Departments of Science and Technology, Planning and Investment, Natural Resources and Environment, and other relevant agencies based on their scope and field of expertise.

b) For the High-Tech Agricultural Zone as defined in Article 32 of the Law on High Technology, the Management Board of the High-Tech Zone shall send the documents to the Departments of Agriculture and Rural Development, Science and Technology, Planning and Investment, Natural Resources and Environment, and other relevant agencies based on their scope and field of expertise.

4. Within seven working days from the date of receiving complete documents, the agency requested for comments shall provide opinions on whether the investment project meets the principles and criteria specified in Articles 28 and 35 of this Decree for each type of investment project.

5. Within fifteen working days from the date of receiving complete documents, the Management Board of the High-Tech Zone shall organize the evaluation of the documents and prepare a report assessing compliance with the principles specified in Articles 28 and 35 of this Decree for each type of investment project.

6. In case the evaluation results meet the requirements, within one working day, the Management Board of the High-Tech Zone shall issue a confirmation document to the investor and the Infrastructure Investor confirming that the investment project complies with the principles of high-tech operation for the purpose of leasing land, factories, offices, warehouses.

7. In case the registration documents are incomplete, invalid, or the evaluation results according to Clause 5 of this Article do not meet the requirements, within one working day from the date of receiving the registration documents or obtaining the evaluation results of the investment project, the Management Board of the High-Tech Zone shall notify the investor and the Infrastructure Investor in writing of the reasons why the requirements were not met.

Chapter IV

HIGH-TECH ACTIVITIES IN THE HIGH-TECH ZONE

Section 1.

HIGH-TECH ACTIVITIES FOR THE HIGH-TECH ZONE

AS PROVIDED FOR IN ARTICLE 31 OF THE LAW ON HIGH TECHNOLOGY

Article 27. Types of high-tech activities in the high-tech zone

High-tech activities in the high-tech zone include: research and development of high technology; application of high technology; incubation of high technology, incubation of high-tech enterprises; training of high-tech human resources; trade fairs, exhibitions, demonstrations of high technology, demonstrations of high-tech products resulting from research and application of high technology, transfer of high technology; production and trading of high-tech products; provision of high-tech services.

Article 28. Principles for investment projects implementing high-tech activities in high-tech zones

1. The objectives and contents of the investment project's activities must be consistent with the tasks of the high-tech zone as stipulated in Clause 2, Article 31 of the High-Tech Law.

2. Apply environmentally friendly measures and energy-saving methods.

3. Be compatible with the planning, technical infrastructure provision capacity, and social infrastructure provision capacity of the high-tech zone, as well as relevant legal provisions.

4. The investor proposing the investment project must have financial capability or be able to mobilize other legitimate resources to meet the requirements for investment capital for construction, maintenance, and operation of the project; possess technological capability, management capability, and ensure that the construction and implementation of the investment project proceed according to schedule and plan.

5. Prioritize investment projects with higher investment capital per unit area than the average investment capital in that functional sector.

6. In addition to complying with the principles set forth in Clauses 1, 2, 3, and 4 of this Article, each type of investment project must also meet the corresponding criteria specified in Clause 2 of Article 29, Clause 2 of Article 30, Clause 2 of Article 31, Clause 1 of Article 32, and Clause 1 of Article 33 of this Decree.

Article 29. Research and Development of High-Tech

1. High-tech research and development activities in high-tech zones include: mastering transferred high-tech, imported high-tech; decoding high-tech; researching exploitation of patents, experimental deployment, trial production aimed at creating new high-tech and new technologies to replace imported technologies from abroad; improving and developing high-tech applied in producing new products, high-tech products, providing high-tech services, transferring high-tech; training high-tech human resources linked to the aforementioned activities.

2. For investment projects establishing research and development bases for high-tech in high-tech zones, in addition to complying with the principles set forth in Clauses 1, 2, 3, and 4 of Article 28 of this Decree, they must also meet the following criteria:

a) Having short-term and long-term goals, plans, and timelines for high-tech research and development; having plans for technology transfer, cooperation, commercialization, and application of high-tech to create high-tech products and high-tech services;

b) The technology and products of the investment project must be consistent with the priority investment and development high-tech list or the encouraged development high-tech product list issued together with the Prime Minister's Decision. In cases where the technology or product of the investment project is new or advanced but not included in these lists, the high-tech zone management board shall report to the Ministry of Science and Technology for the Ministry of Science and Technology to seek the Prime Minister's opinion on approving the technology and product research and development of the investment project;

c) Creating high-tech to replace imported high-tech, applying it in the production of high-tech products; creating key products of economic sectors to replace imported products;

d) Adhering to quality management standards and environmental technical regulations in the field of activity of the investment project as prescribed by law;

đ) Meeting the criteria for labor force, personnel conducting research and development, ratio and content of expenditure for research and development activities, machinery and equipment serving research and development as stipulated by the Ministry of Science and Technology.

Article 30. High-tech human resource training

1. High-tech human resource training activities include: training teams of individuals with qualifications and skills to meet the requirements of high-tech research, development, and application activities; building strong research groups and modern high-tech training and research facilities; collaborating with universities and external research institutions outside the high-tech zone in training bachelor's, master's, and doctoral levels in certain fields prioritized according to the High-Tech Law and the List of Prioritized High-Tech Investment Development; training and supplying highly qualified personnel for operating high-tech production equipment and chains, providing high-tech services, and managing high-tech activities.

2. For investment projects establishing high-tech human resource training facilities within the high-tech zone, in addition to complying with the principles stipulated in Clauses 1, 2, 3, and 4 of Article 28 of this Decree, they must also meet the following criteria:

a) Training research teams, management staff, and production technicians for high-tech products; attracting foreign volunteer experts and overseas Vietnamese experts to participate in high-tech human resource training activities within the high-tech zone;

b) Having specific plans and programs for developing high-tech human resources; adhering to current regulations on training and human resource development in Vietnam;

c) Orienting towards forming strong scientific research teams; developing high-tech human resource training facilities reaching international standards.

Article 31. High-tech technology incubation, high-tech enterprise incubation

1. Incubation projects selected by high-tech technology incubators and high-tech enterprise incubators, in addition to complying with the principles stipulated in Clauses 1, 2, 3, and 4 of Article 28 of this Decree, must create high-tech technologies and products listed in the Priority High-Tech Investment Development List and the Encouraged High-Tech Product Development List issued together with the Prime Minister's Decision.

The high-tech zone management board is responsible for monitoring, supervising, and guiding the organization of project selection as stipulated herein.

2. For investment projects establishing high-tech technology incubators and high-tech enterprise incubators, in addition to complying with the principles stipulated in Clauses 1, 2, 3, and 4 of Article 28 of this Decree, they must also meet the conditions for high-tech technology incubators and high-tech enterprise incubators as prescribed by the Ministry of Science and Technology.

Article 32. Application of high-tech to produce high-tech products

1. Investment projects applying high-tech to produce high-tech products, in addition to complying with the principles stipulated in Clauses 1, 2, 3, and 4 of Article 28 of this Decree, must also meet the following criteria:

a) The technology applied in the investment project belongs to the Priority High-Tech Investment Development List issued together with the Prime Minister's Decision;

b) Using energy efficiently and effectively;

c) Quality management systems meeting international industry standards;

d) Adhering to environmental technical standards and regulations applicable to the project's field of activity according to Vietnamese law. It is encouraged to achieve international environmental standards ISO 14000 or equivalent standards;

đ) Meeting criteria regarding the revenue ratio from producing high-tech products, labor force, personnel conducting research, development, and technology application activities, expenditure ratio for research, development, and technology application activities, and technology production lines as prescribed by the Ministry of Science and Technology;

2. An export processing enterprise within the high-tech zone is an enterprise established within the high-tech zone to implement investment projects as stipulated herein, specializing in producing products for export, separated from the external area according to regulations applicable to duty-free zones under laws on export and import taxes.

Investment procedures and policies for export processing enterprises shall be implemented in accordance with Clause 2 of Article 16 of this Decree.

Article 33. Supplying high-tech services

Investment projects for supplying high-tech services must comply with the principles stipulated in Clauses 1, 2, 3, and 4 of Article 28 of this Decree, while the supplied high-tech services must belong to the Priority High-Tech Technology List for Investment and Development and the Encouraged High-Tech Product List for Development issued together with the Prime Minister's Decision.

Section 2.

HIGH-TECH ACTIVITIES FOR

HIGH-TECH AGRICULTURAL ZONES

PROVIDED IN ARTICLE 32 OF THE HIGH-TECH LAW

Article 34. Types of high-tech activities in high-tech agricultural zones

Types of high-tech activities in high-tech agricultural zones include: research and application, testing, demonstrating models of agricultural product production using high-tech; linking research and application of high-tech activities, production of high-tech products in agriculture; training high-tech human resources in agriculture; trade fairs, exhibitions, and demonstrations of high-tech agricultural products.

Article 35. Principles for investment projects implementing high-tech activities in high-tech agricultural zones

1. The objectives and contents of the investment project's activities must be consistent with the tasks of the high-tech agricultural zone as stipulated in Clause 2 of Article 32 of the High-Tech Law.

2. Apply environmentally friendly measures, energy-saving measures; commit to reducing greenhouse gas emissions, with a roadmap towards achieving net-zero emissions.

3. Be compatible with the capacity to provide technical infrastructure and social infrastructure in the high-tech agricultural zone.

4. The investor proposing the investment project must have financial capability or be able to mobilize other legitimate resources to meet the requirements for investment capital for construction, maintenance, and operation of the project; possess technological capability, management capability, and ensure that the construction and implementation of the investment project proceed according to schedule and plan.

5. In addition to complying with the principles stipulated in Clauses 1, 2, 3, and 4 of this Article, each type of investment project must meet the corresponding criteria for each type as specified in Clause 2 of Article 36, Clause 2 of Article 37, Clause 2 of Article 38, and Clause 1 of Article 39 of this Decree.

Article 36. Research and Application of High-Tech

1. High-tech research and application activities in high-tech agricultural zones include: linking research activities, adaptive research, mastering transferred high-tech, imported high-tech; improving and developing high-tech for agricultural production, demonstrating models of agricultural product production using high-tech, transferring high-tech.

2. For investment projects establishing research and application facilities for high-tech in high-tech agricultural zones, in addition to complying with the principles stipulated in Clauses 1, 2, 3, and 4 of Article 35 of this Decree, they must also meet the following criteria:

a) Having research goals, plans, and timelines; having plans for technology transfer, commercialization, and application of high-tech for agricultural product production and high-tech services;

b) The technology of the investment project must be consistent with the Priority High-Tech Technology List for Investment and Development issued together with the Prime Minister's Decision. In cases where the technology of the investment project is new or advanced technology not included in the aforementioned list, the Management Board of the high-tech zone shall report to the Ministry of Agriculture and Rural Development so that the Ministry of Agriculture and Rural Development can coordinate with the Ministry of Science and Technology to seek the Prime Minister's opinion on approving the research and application technology of the investment project;

c) Creating key products of the agricultural sector, replacing imported products and enhancing export products; creating technologies that leverage advantages, overcome limitations due to natural conditions, weather, climate change scenarios, and disease prevention and control;

d) Adhering to quality management standards and environmental technical regulations in the field of activity of the investment project as prescribed by law;

d) Meeting criteria regarding labor force, personnel conducting research activities, the ratio and content of expenditures for research activities as prescribed by the Ministry of Agriculture and Rural Development.

Article 37. Training high-tech human resources in agriculture

1. High-tech human resource training activities include: training activities linked to research and application activities, training personnel with the necessary qualifications and skills to meet the requirements of high-tech research and application activities; building strong research teams; collaborating with universities, research institutes, and external research facilities outside the high-tech agricultural zone in training bachelor's, master's, and doctoral degrees in certain agricultural specialties, prioritizing those specified in the Law on High Technology and the List of Prioritized High Technologies for Investment and Development; training and supplying human resources capable of mastering and applying high technology in agricultural production and providing high-tech services, managing high-tech activities.

2. For investment projects establishing high-tech human resource training facilities in the high-tech agricultural zone, in addition to complying with the principles stipulated in Clauses 1, 2, 3, and 4 of Article 35 of this Decree, they must also meet the following criteria:

a) Training research teams, management staff, and technical personnel for high-tech agricultural production; attracting both domestic and foreign experts to participate in high-tech human resource training activities in the high-tech agricultural zone;

b) Having specific development plans and human resource training programs; adhering to current regulations on training and developing human resources in Vietnam.

Article 38. Application of high technology for agricultural product production

1. An investment project applying high technology for agricultural product production is an investment project applying high technology from the List of Prioritized High Technologies for Investment and Development issued together with the Prime Minister's Decision to produce high-quality, high-yield, high-value, and efficient agricultural products; it includes research and experimental activities on the application of high technology, technology transfer for production purposes.

2. In addition to complying with the principles stipulated in Clauses 1, 2, 3, and 4 of Article 35 of this Decree, investment projects applying high technology for agricultural product production must also meet the following criteria:

a) The technology applied in the investment project must be from the List of Prioritized High Technologies for Investment and Development issued together with the Prime Minister's Decision. In cases where the technology of the investment project is new or advanced technology not included in the aforementioned list, the Management Board of the high-tech zone shall report to the Ministry of Agriculture and Rural Development, which will coordinate with the Ministry of Science and Technology to seek the Prime Minister's opinion on approving the application technology of the investment project;

b) Using energy efficiently and effectively;

c) Quality management systems meeting international industry standards;

d) Adhering to environmental technical standards and regulations applicable to the project's field of activity according to Vietnamese law. It is encouraged to achieve international environmental standards ISO 14000 or equivalent standards;

d) Meeting the criteria for revenue ratio from the production of high-tech applied products, direct human resources involved in high-tech research and application activities, expenditure ratio for high-tech research and application activities, and production technology chains as prescribed by the Ministry of Agriculture and Rural Development.

Article 39. Supply of high-tech services in agriculture

Investment projects supplying high-tech services must comply with the principles stipulated in Clauses 1, 2, 3, and 4 of Article 35 of this Decree, while the high-tech services supplied must belong to the List of Prioritized High Technologies for Investment and Development and the List of Encouraged High-Tech Products for Development issued together with the Prime Minister's Decision.

Chapter V

STATE MANAGEMENT OF THE HIGH-TECH ZONE

Article 40. Contents of State Management over High-Tech Zones

1. Building and directing the implementation of guidelines for establishing high-tech zones within regional planning, development plans for high-tech zones within provincial planning, and investment construction and development plans for high-tech zones.

2. Issuing, guiding, disseminating, and organizing the implementation of policies, laws, and technical standards and norms related to activities such as establishment, investment, planning and construction, land, environmental protection, science and technology, labor, security, public order, fire prevention and firefighting, and other activities of high-tech zones; building and managing the national information system on high-tech zones.

3. Organizing state management activities, implementing administrative procedures, and providing related support services for high-tech activities, investment, production, and business operations of investors, organizations, and individuals within high-tech zones.

4. Organizing supervision, evaluation, inspection, handling violations, and assessing various aspects of activities and investment effectiveness of high-tech zones; providing information, guidance, support, and timely resolution of emerging issues; resolving complaints and accusations and rewarding during the formation and development process of high-tech zones.

5. Organizing the implementation of investment promotion activities in high-tech zones; international integration activities in science and technology, international cooperation in high-tech, and high-tech zones.

6. Organizing the organizational structure, training, and professional development for state management agencies over high-tech zones.

Article 41. Responsibilities for State Management over High-Tech Zones

1. The Government uniformly manages state affairs concerning high-tech zones nationwide based on specific tasks and authorities assigned to each ministry, agency at ministerial level, provincial People's Committee, and High-Tech Zone Management Board as stipulated in this Decree; directing the formulation and implementation of planning, development plans, and issuing policies and regulatory legal documents on high-tech zones.

2. The Prime Minister has authority and responsibility:

a) Directing ministries, agencies at ministerial level, provincial People's Committees, and High-Tech Zone Management Boards to implement laws and policies on high-tech zones;

b) Deciding on the establishment, expansion, and issuance of operational regulations for high-tech zones; deciding on the establishment of High-Tech Zone Management Boards (except where otherwise provided by law); approving and adjusting general construction planning for high-tech zones;

c) Directing the resolution of issues and problems arising during investment, establishment, operation, and management of high-tech zone activities that exceed the authority of ministries, agencies at ministerial level, and provincial People's Committees.

3. Ministries, agencies at ministerial level, and provincial People's Committees within their respective functions, tasks, and authorities have responsibilities:

a) Implementing state management functions over industries, sectors, and territorial administration according to their authority regarding high-tech zones;

b) Guiding and specifying decentralization or delegation to the High-Tech Zone Management Board to perform certain state management tasks within their authority as prescribed in this Decree and relevant laws;

Decentralization and delegation shall be carried out in accordance with the principle of ensuring stability, creating conditions for the "one-stop" administrative mechanism, supporting investors in conducting investment and business activities in high-tech zones, and being commensurate with the capacity and organizational level of the High-Tech Zone Management Board;

c) For state management tasks not decentralized or delegated as specified in point b of this clause, ministries, agencies at ministerial level, and provincial People's Committees shall direct the establishment of coordination mechanisms between subordinate functional units and the High-Tech Zone Management Board during implementation to ensure the effectiveness of state management in high-tech zones;

d) Inspecting, auditing, supervising, and handling violations within their state management authority over the High-Tech Zone Management Board and investors implementing projects in high-tech zones.

Article 42. Powers and Responsibilities for State Management of the Ministry of Science and Technology

1. Take the lead in assisting the Government to uniformly manage state affairs concerning high-tech zones.

2. Take the lead and coordinate with provincial People's Committees and relevant agencies in submitting to the Prime Minister for decision-making on establishing, expanding, and issuing operational regulations for high-tech zones as stipulated in Article 31 of the High-Tech Law.

3. Take the lead and coordinate with ministries, ministerial-level agencies, provincial People's Committees, management boards of high-tech zones, and related organizations in performing state management tasks for high-tech zones as specified in Article 31 of the High-Tech Law:

a) Draft legal documents and policies on managing and developing high-tech zones for competent state authorities to promulgate or promulgate within their authority;

b) Develop and implement international cooperation and integration activities regarding science and technology for high-tech zones;

c) Establish databases and national information systems on high-tech zones within the national database on science and technology; issue reporting procedures on high-tech zones; provide information on high-tech zones to relevant government agencies; guide the establishment of criteria for evaluating scientific and technological outcomes and socio-economic effectiveness of high-tech zones;

d) Propose investment promotion content for high-tech zones in the National Investment Promotion Program to be submitted to the Ministry of Planning and Investment for consolidation; participate in reviewing the list of projects attracting investment in high-tech zones with provincial People's Committees; coordinate in developing and implementing international cooperation and integration activities regarding science and technology for high-tech zones;

đ) Guide, train, and enhance the professional skills of high-tech zone management boards;

e) Coordinate in supervising, inspecting, and auditing investment construction, development, and operations of high-tech zones;

g) Summarize and evaluate the results of construction, operation, and socio-economic effectiveness of high-tech zones.

4. Seek the Prime Minister's approval on technology and products of research and development high-tech facility investment projects as stipulated in point b, Clause 2, Article 29 of this Decree; coordinate with the Ministry of Agriculture and Rural Development to seek the Prime Minister's approval on technology and products of high-tech application research facility investment projects as stipulated in point b, Clause 2, Article 36 and point a, Clause 2, Article 38 of this Decree in cases where the project's technology or product is new or advanced but not included in the Priority List of High-Tech Technologies for Investment and Development or the Encouraged List of High-Tech Products for Development issued together with the Prime Minister's Decision.

5. Coordinate with the Ministry of Construction, the Ministry of Natural Resources and Environment, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Industry and Trade, and other relevant ministries and agencies to guide the delegation of state management powers to high-tech zone management boards as specified in Article 31 of the High-Tech Law.

Article 43. Powers and Responsibilities of the Ministry of Agriculture and Rural Development for State Management

The Ministry of Agriculture and Rural Development has the powers and responsibilities for state management over high-tech agricultural zones as stipulated in Article 32 of the High-Tech Law, as follows:

1. To take the lead and coordinate with provincial People's Committees and relevant agencies to submit to the Prime Minister for decision on establishing, expanding, and promulgating operational regulations for high-tech agricultural zones.

2. To take the lead and coordinate with ministries, ministerial-level agencies, provincial People's Committees, High-Tech Zone Management Boards, and related organizations:

a) To develop legal documents and policies on managing and developing high-tech agricultural zones;

b) To propose contents on investment promotion into high-tech agricultural zones within the National Investment Promotion Program to be submitted to the Ministry of Planning and Investment for consolidation; to participate in providing opinions on the list of projects attracting investment into high-tech agricultural zones with provincial People's Committees; to coordinate in building and implementing international cooperation and integration activities regarding science and technology for high-tech agricultural zones;

c) To issue reporting systems on high-tech agricultural zones; to provide information on high-tech agricultural zones to relevant government agencies; to take the lead and coordinate with the Ministry of Science and Technology in building databases and national information systems on high-tech agricultural zones within the national science and technology database system and guide the establishment of evaluation criteria for scientific and technological outcomes and socio-economic effectiveness of high-tech agricultural zones;

d) To guide, train, and enhance the skills of High-Tech Zone Management Boards;

đ) To coordinate in organizing supervision, inspection, and auditing of investment construction, development, and operation activities in high-tech agricultural zones;

e) To summarize and evaluate the results of construction, operation, and socio-economic effectiveness of high-tech agricultural zones.

3. To take the lead and coordinate with the Ministry of Science and Technology to seek the Prime Minister's approval on the technology of investment projects for high-tech application research facilities as stipulated in point b, Clause 2, Article 36 of this Decree and investment projects applying high-tech to produce high-tech products as stipulated in point a, Clause 2, Article 38 of this Decree, in cases where the project's technology is new or advanced but not included in the Priority High-Tech Investment and Development List issued together with the Prime Minister's Decision.

4. To coordinate with the Ministry of Construction, the Ministry of Natural Resources and Environment, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Industry and Trade, and other relevant ministries and agencies to guide the implementation of decentralization and delegation of authority to High-Tech Zone Management Boards for state management powers in high-tech agricultural zones.

Article 44. Powers and Responsibilities of Ministries and Ministerial-Level Agencies for State Management

In addition to the powers and responsibilities for state management over high-tech zones as prescribed in Clause 3, Article 41 of this Decree, the following ministries and ministerial-level agencies have the powers and responsibilities as follows:

1. The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Science and Technology and the Ministry of Agriculture and Rural Development to build plans, policies, solutions, and resources to implement the direction of high-tech zone development in regional planning; to build and organize the implementation of plans, the National Investment Promotion Program, and coordinate inter-regional and inter-provincial investment promotion activities, including investment promotion into high-tech zones.

2. The Ministry of Finance shall guide the implementation of the provisions in Clause 5, Article 14 of this Decree.

3. The Ministry of Home Affairs shall take the lead in reviewing proposals for the establishment and restructuring of High-Tech Zone Management Boards when such boards are established by the Prime Minister's decision.

4. The Ministry of Labor, Invalids and Social Affairs shall guide the implementation of the provisions in Clause 12, Article 47 of this Decree.

5. The Ministry of Industry and Trade shall guide and delegate to High-Tech Zone Management Boards the issuance of certificates of origin for goods produced in high-tech zones when they meet the conditions for delegation.

6. The Ministry of Construction shall guide the implementation of state management activities concerning: urban planning; development, management, operation, utilization, handover of infrastructure technical systems and provision of infrastructure technical services; construction activities within high-tech zones.

7. The Ministry of Public Security shall guide the implementation and direct the deployment of activities ensuring security, public order, fire prevention and fighting, exit and entry, residence of foreigners in high-tech zones.

8. The Government Inspectorate shall coordinate with relevant ministries, sectors, and provincial People's Committees to guide and organize the implementation of inspection, audit, violation handling, complaint resolution, and anti-corruption activities in high-tech zones according to the law.

Article 45. State Management Responsibilities of the Provincial People's Committee

1. Propose the content and direction for building high-tech zones in regional planning; take the lead in developing plans for the development of high-tech zone systems within provincial planning; direct the implementation after regional planning and provincial planning have been approved.

2. Establish files to request the establishment and expansion of high-tech zones; establish and organize the High-Tech Zone Management Board.

3. For high-tech zones where the state budget has invested in constructing all or part of the technical infrastructure system: develop investment plans for the development of high-tech zones, propose sources of funding from the central budget for investment in high-tech zones; prepare budgets and allocate local government funds for investment, construction, investment support, and ensuring activities of high-tech zones for approval by the Provincial People's Council; mobilize other legitimate sources of capital for investment in construction and development of high-tech zones.

4. Decide on the appointment and removal of positions of Director and Deputy Director of the High-Tech Zone Management Board.

5. Develop plans, master plans, and organize investment in construction of technical infrastructure systems and social infrastructure outside the perimeter of high-tech zones to ensure connectivity, suitability with scale and progress serving high-tech zone activities.

6. Take the lead and coordinate with the Ministry of Construction (in cases of inter-provincial high-tech zones, general construction master plans under the Prime Minister’s approval authority) to establish, adjust, and publicly announce; direct the development of programs, plans, and implementation of construction master plans for high-tech zones within their administrative boundaries according to laws on construction.

7. Decide on land allocation for the High-Tech Zone Management Board to manage and organize construction and development of high-tech zones according to approved construction master plans; direct the organization of land recovery, compensation, support, and resettlement for clearance of high-tech zone areas according to laws on land.

8. Lease land, direct the implementation of investment procedures for projects investing in and operating infrastructure during the period before establishing the High-Tech Zone Management Board according to laws on investment.

9. Enact policies and allocate resources to support investment to attract investment and human resources into high-tech zones within their authority, prioritizing projects and activities in high-tech zones participating in local science and technology support programs, high-tech, innovation startups; propose activities to be included in the National Investment Promotion Program; build and implement programs, plans for investment promotion, cooperation, and international integration regarding science and technology for high-tech zones.

10. Announce lists of investment attraction projects into high-tech zones during each period.

11. Direct and organize the implementation of state management tasks at high-tech zones, issue and supervise the implementation of coordination regulations between the High-Tech Zone Management Board and agencies under the Provincial People's Committee; decentralize, authorize, and direct the delegation of authority to the High-Tech Zone Management Board in fields of science and technology, planning, construction, land, investment, environmental protection, labor, occupational safety and health, food safety, fire prevention and control, public security and other activities, streamline administrative procedures and other activities in high-tech zones according to laws.

12. Supervise and evaluate overall investment in high-tech zones according to laws on investment, public investment, and related laws; implement reporting systems on investment situations, various activities, and investment effectiveness of high-tech zones.

13. Organize inspections, handle violations, resolve complaints and denunciations, commend and reward; guide, support, and promptly address emerging issues; for matters exceeding their authority, coordinate with ministries and equivalent agencies to resolve or submit to the Prime Minister or the Government for consideration and decision.

14. Implement reporting and summarization of high-tech zone activities and other state management responsibilities for high-tech zones, the role of the supervisory agency for the High-Tech Zone Management Board within their jurisdiction according to this Decree and relevant laws.

Chapter VI

FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE

OF THE HIGH-TECH ZONE MANAGEMENT BOARD

Article 46. Functions and Legal Status of the Management Board of the High-Tech Zone

1. The Management Board of the High-Tech Zone is an agency under the People's Committee of the province, implementing state management functions over the high-tech zone within its jurisdiction according to this Decree and relevant laws.

2. The Management Board of the High-Tech Zone has legal personality, is entitled to use a seal with the national emblem, open accounts at the State Treasury and banks, and receive operational funding from the state budget.

3. The Management Board of the High-Tech Zone is established by decision of the Prime Minister (except where otherwise provided by law); it is subject to direction and management regarding organization, staffing, work programs and plans, and operational funding by the People's Committee of the province; it is subject to direction, guidance, and supervision regarding professional matters by ministries and ministerial-level agencies managing sectors and fields related to the high-tech zone; it is responsible for closely coordinating with specialized agencies under the People's Committee of the province in managing the high-tech zone; it performs the duties of a specialized agency of the People's Committee of the province when delegated or authorized; it carries out the duties and powers of specialized agencies under the People's Committee of the province and other duties and powers as prescribed in this Decree and other relevant laws.

Article 47. Tasks and Powers of the Management Board of the High-Tech Zone

1. Proposing and participating in opinions with competent authorities in the formulation and promulgation of legal normative documents; directions and plans for developing the high-tech zone in regional planning and provincial planning; proposals for expanding and adjusting the boundaries of the high-tech zone; mechanisms, policies, and plans for mobilizing resources to build and develop the high-tech zone; preferential and support policies for investors, activities, and workers in the high-tech zone.

2. Proposing, formulating, and submitting to competent authorities for approval plans for building and developing the high-tech zone funded by the state budget, including: overall plans for medium- and long-term construction and development of the high-tech zone; investment promotion programs; public investment plans and financial plans of the high-tech zone.

3. Managing investment projects for constructing the high-tech zone using state budget funds, development assistance funds, and other lawful sources of capital:

a) Performing the role of the main investor, organizing the implementation of investment projects using state budget funds, official development assistance funds, and other lawful sources of capital as assigned by law;

b) Making investment decisions and exercising the powers of the investment decision-maker; organizing the selection of investors, signing investment agreements, and project contracts with investors under the Public-Private Partnership (PPP) model for investment projects in the high-tech zone using state budget funds belonging to groups B and C, as authorized;

c) Receiving, managing, and utilizing Official Development Assistance (ODA) loans and other lawful sources of funding for investing in and developing the high-tech zone.

4. Financial and budgetary management

a) Compiling annual budgets, operating expenses for public services, and development investment funds, and other sources of funding (if any) of the Management Board of the High-Tech Zone for submission to competent authorities for approval;

b) Organizing financial and budgetary management of state assets as stipulated by the State Budget Law, the Law on Management and Use of State Assets, and other relevant legal documents;

c) Organizing the collection, payment of land rent, compensation for land clearance, and return payments; fees for infrastructure usage and wastewater treatment for technical infrastructure systems invested by the state into the state budget; organizing the collection and management of various types of fees and charges as prescribed by law;

d) Mobilizing and receiving, using funds from sponsors and individuals to implement tasks of establishing and adjusting construction planning for the high-tech zone according to the law;

đ) Formulating plans for using revenues to continue land clearance, support scientific and technological activities, and reinvest in developing the high-tech zone annually, reporting to the People's Committee of the province, relevant ministries and sectors for submission to competent authorities for decision;

5. Cooperating with specialized agencies under the People's Committees at all levels and related agencies to propose decentralization and authorization; drafting regulations on cooperation for submission to the People's Committee of the province for approval and implementation regarding state management tasks in science and technology, planning, construction, land, investment, environmental protection, labor, occupational safety and health, food safety, fire prevention and control, public security, and other activities in the high-tech zone, handling administrative procedures under the one-stop shop mechanism.

6. Managing and organizing the implementation of planning and construction

a) Organizing the preparation, review, and approval of tasks and detailed planning schemes for functional zones in high-tech zones with an area exceeding 500 hectares that have been approved in general construction planning; deciding on partial adjustments to detailed planning schemes for construction; reviewing and approving tasks and detailed planning schemes for construction according to delegation and authorization.

b) Implement and coordinate the implementation of state management tasks regarding planning and construction within the scope of authority delegated, decentralized, or entrusted: publicly announce, provide information on construction planning; set boundary markers on-site, introduce locations; approve overall site plans, architectural schemes; issue, reissue, adjust, extend, and revoke Construction Permits. Fulfill the function of a specialized agency for construction in reviewing feasibility study reports for investment construction projects, post-design implementation design estimates for construction projects based on basic design, and construction quality management for investment construction projects in high-tech zones to ensure that construction activities comply with approved construction plans and legal regulations.

7. Land Management

a) Organize the management and use of land funds allocated by the Provincial People's Committee in accordance with approved construction plans and development plans; coordinate with relevant agencies and organizations to establish and adjust land use plans and plans within the high-tech zone;

b) Coordinate with organizations responsible for compensation, clearance, and resettlement to implement compensation, support, and resettlement for land clearance within the high-tech zone;

c) Carry out state management tasks related to land within the high-tech zone, including: review land usage requirements and conditions for land leasing; decide on the transfer of land without payment of land use fees, lease land, extend land use periods, recover transferred or leased land according to legal provisions; sign land lease contracts with lessees within the high-tech zone; decide on exemptions and reductions in land lease payments and determine the amount of such exemptions and reductions; determine and notify financial obligations related to land for land users; determine and announce the amount of compensation for land clearance payable to land users;

d) Submit documents for registration in land administration files, update land databases, and submit applications to competent authorities for issuance of Land Use Right Certificates and certificates for other property rights attached to land for land users, and administrative procedures related to land under the one-stop service mechanism. Perform land management tasks within the high-tech zone in accordance with legal provisions on land management.

8. Investment Management

The High-Tech Zone Management Board is the investment registration agency and performs state management responsibilities for investment activities within the high-tech zone:

a) Approve investment orientations, approve adjustments to investment orientations; organize the selection of investors to implement projects based on investor selection regulations issued by the High-Tech Zone Management Board Chairperson, selecting applicable articles and clauses from laws on bidding and other relevant laws for projects within their jurisdiction as stipulated by investment laws;

b) Issue, reissue, amend, correct, and revoke Investment Registration Certificates for projects within their jurisdiction according to investment laws;

c) Sign agreements ensuring project implementation and perform procedures to ensure project implementation as prescribed in this Decree and other investment laws;

d) Decide to suspend or partially suspend, terminate or partially terminate project operations and carry out related procedures according to investment laws;

đ) Issue and revoke Business Coordination Contract (BCC) office operation registration certificates for foreign investors;

e) Issue, reissue, amend, extend, and revoke Representative Office establishment permits and terminate Representative Office operations of foreign organizations and traders located in the high-tech zone according to commercial laws;

g) Perform business registration agency tasks at the provincial level for enterprise establishment registrations, branch and representative office operations, business locations, and other registration and notification obligations within the high-tech zone according to business registration laws;

h) Issue Origin Certificates for goods produced in the high-tech zone based on authorization from the Ministry of Industry and Trade;

i) Confirm that investment projects meet high-tech operation principles for projects specified in Clause 4, Article 19 of this Decree;

k) Supervise and evaluate investment projects within the high-tech zone within their jurisdiction; implement reporting systems for investment activities to the Provincial People's Committee, the Ministry of Planning and Investment, the Ministry of Science and Technology (for high-tech zones specified in Article 31 of the High-Tech Law), and the Ministry of Agriculture and Rural Development (for high-tech agricultural application zones specified in Article 32 of the High-Tech Law);

l) Develop and submit to the Provincial People's Committee for publication a list of investment attraction projects in the high-tech zone; develop and implement investment promotion programs and plans; mobilize social resources from sponsorships by organizations, individuals, associations, and investors to implement investment promotion activities; hire foreign consultants to provide investment promotion advisory services, strategic investment advice, and high-tech zone development and construction services according to legal provisions;

m) Provide information and promptly assist investors in resolving difficulties and issues during investment procedures and project implementation; perform other state management tasks related to investment within the high-tech zone according to their authority.

9. Science and Technology Management

a) Organize evaluations of compliance with criteria for high-tech investment projects in the high-tech zone during the review of investment approval proposal documents and investment registration certificates; assess whether investment projects meet high-tech operation principles; supervise, evaluate, and coordinate with relevant agencies to inspect, audit, and handle violations according to this Decree and other legal provisions.

b) Organize and support organizations in conducting technology incubation activities, high-tech enterprise incubation; training high-tech human resources and scientific and technological activities as prescribed by law;

c) Organize and support organizations in holding trade fairs, exhibitions, demonstrations of high-tech technologies, and high-tech product demonstrations from research, application, and transfer of high-tech technologies from other countries and Vietnam; scientific and technological forums, technology markets, technology trading floors, and other high-tech activities within the high-tech zone;

d) Mobilize, receive, and implement various sources of capital and resources to support investment in developing science and technology, innovation startups, and developing technical infrastructure for high-tech industries, infrastructure serving the development of science and technology; connect businesses, organizations, and individuals engaged in scientific and technological activities, creating a foundation and favorable environment to promote the innovation ecosystem in the high-tech zone;

đ) Build and maintain cooperative relationships with scientific and technological organizations, scientific and technological associations, high-tech zones, foreign organizations and individuals operating in related fields as prescribed by law; participate in joint events, programs, and projects on scientific research and technological development within the framework of bilateral, multilateral, regional, sub-regional, and international agreements;

e) Implement state management tasks regarding science and technology in the high-tech zone as prescribed by law.

10. Environmental Protection Management

a) Carry out state management responsibilities for environmental protection in the high-tech zone as prescribed by environmental protection laws: Inspect and supervise the construction of technical infrastructure projects for environmental protection; coordinate with environmental protection administrative agencies in the area to review environmental impact assessment reports, issue environmental permits, and conduct environmental inspections; preliminarily assess the environmental impact of investment projects; organize environmental inspections for facilities within concentrated production, business, and service areas according to the law; promptly identify violations of environmental protection laws by organizations and individuals and recommend appropriate legal actions;

b) Fulfill responsibilities prescribed for investors constructing and operating infrastructure in concentrated production, business, and service areas in the high-tech zone or parts thereof without such investors, as prescribed by environmental protection laws;

c) Coordinate with environmental protection administrative agencies and relevant agencies in communication tasks related to environmental protection, waste management, and control of other pollutants; environmental monitoring; environmental information and database management; prevention and response to environmental emergencies; resolution of environmental disputes, complaints, and accusations in the high-tech zone;

d) Issue regulations on environmental protection in the high-tech zone in accordance with legal requirements for environmental protection;

đ) Report on the implementation of environmental protection work in the high-tech zone as prescribed by law;

e) Perform other environmental protection tasks as delegated, authorized, and prescribed by law.

11. Management, Exploitation, Operation, and Maintenance of Infrastructure Systems

a) Organize the management, exploitation, operation, and maintenance of infrastructure systems in the high-tech zone funded by the State and infrastructure projects handed over by the infrastructure investor, excluding those specified in Clause 3, Article 21 of this Decree;

b) Coordinate with state-owned enterprises providing electricity, water, telecommunications, the infrastructure investor, and relevant organizations and agencies to ensure effective management and operation of infrastructure systems in the high-tech zone and their seamless integration with surrounding infrastructure systems;

c) Take the lead and coordinate with relevant agencies to develop and promulgate or submit for promulgation annually the rates for using State-funded infrastructure (including wastewater treatment fees); review the framework for infrastructure usage fees, land preparation costs, rental prices for factories, offices, warehouses, and other service charges registered by the infrastructure investor according to regulations;

12. Labor Management

a) Carry out certain functions and powers of the specialized labor administration agency under the provincial People's Committee for workers employed in the high-tech zone, including organizing the implementation of labor regulations registration; receiving collective labor agreements; receiving reports on changes in labor conditions; receiving reports on labor leasing activities; receiving notifications of training, skill enhancement, and qualification improvement results; receiving notifications of additional working hours from 200 to 300 hours per year; receiving and processing applications for internship labor contracts from enterprises and activities sending workers abroad for internships under 90 days;

b) Receive notifications of mass layoffs from employers according to the delegation or authorization of the provincial People's Committee;

c) Coordinate with state labor management agencies to monitor labor utilization in the high-tech zone; report on labor utilization and labor management implementation in the high-tech zone as prescribed by law;

d) Monitor and aggregate labor demand and coordinate with competent authorities to supply labor to the high-tech zone;

đ) Coordinate with state management agencies and high-tech zone trade unions to resolve labor disputes and protect the legitimate rights of workers and employers.

13. Occupational Safety and Health, Food Safety Management

a) Urging, inspecting, and coordinating with state management agencies, trade union organizations in high-tech zones to organize inspections, handle violations, investigate labor accidents, food safety incidents, and other tasks related to labor safety and hygiene, food safety as prescribed by law;

b) Compiling and reporting on labor safety and hygiene work, labor accident situations, occupational diseases, and food safety conditions of units within high-tech zones according to authorization and legal provisions;

14. Security and public order management, fire prevention and firefighting

a) Leading and coordinating with infrastructure investors, units operating in high-tech zones, and relevant agencies to develop fire prevention and firefighting plans for high-tech zones; establishing and maintaining technical infrastructure systems and firefighting equipment; forming and maintaining firefighting teams at the facility level and specialized firefighting teams to carry out fire prevention and firefighting tasks in high-tech zones as prescribed by law;

b) Coordinating with police agencies and competent authorities in organizing fire prevention and firefighting activities, maintaining security and public order, traffic safety, and organizing security forces within high-tech zones;

15. Inspection, supervision, and monitoring work

a) Coordinating with state management agencies, organizations, and competent authorities in conducting inspections, handling complaints and denunciations, preventing and combating corruption and waste, and handling violations in areas such as planning, construction, land, investment, science and technology, environmental protection, labor, labor safety and hygiene, food safety, security and public order, fire prevention and firefighting, and other fields within high-tech zones as prescribed by law;

b) Civil servants and employees of the High-Tech Zone Management Board shall prepare administrative violation records for violations within their scope of duty and assigned tasks according to their authority as prescribed;

16. Cooperating with state management agencies to implement administrative services and procedures for various fields within high-tech zones under the one-stop and interlinked one-stop mechanisms;

17. The High-Tech Zone Management Board is responsible for creating favorable conditions for activities within high-tech zones in accordance with legal regulations; state management agencies, organizations, and individuals implementing activities within high-tech zones are responsible for coordinating with the High-Tech Zone Management Board as prescribed by law;

18. Organizing the dissemination of laws, competitive movements, and rewards for organizations and individuals operating within high-tech zones;

19. Managing the organizational structure and staffing of the High-Tech Zone Management Board in accordance with legal regulations;

20. Implementing reporting requirements regarding high-tech zones to the Ministry of Science and Technology (for high-tech zones as stipulated in Article 31 of the High-Tech Law) and the Ministry of Agriculture and Rural Development (for high-tech agricultural zones as stipulated in Article 32 of the High-Tech Law), the supervising agency, and other tasks as prescribed by law or assigned by the supervising agency.

Article 48. Organizational structure and staffing of the High-Tech Zone Management Board

1. The High-Tech Zone Management Board shall have a Director and not more than three Deputy Directors.

The Director shall be appointed and relieved of duty by the Chairman of the People's Committee of the province. The Deputy Directors shall be appointed and relieved of duty by the Chairman of the People's Committee of the province upon the proposal of the Director.

2. The Director of the High-Tech Zone Management Board shall be responsible for directing all activities of the High-Tech Zone Management Board, and shall be accountable to the People's Committee of the province and to the law regarding the operation of the high-tech zone.

3. The organizational structure of the High-Tech Zone Management Board includes: an administrative support machine (Office, specialized and operational departments); public service units under the Board that perform public welfare tasks, investment support services, business operations, and support for the implementation of high-tech activities, and other organizations suitable to the development situation of the high-tech zone, the duties and powers of the High-Tech Zone Management Board, and the provisions of the law.

4. The establishment of the administrative support machine must ensure compliance with the following conditions and criteria:

a) Establishing multi-sector management departments; the sectors and fields managed by the department must have clear management procedures or management objects consistent with the duties and powers of the High-Tech Zone Management Board;

b) For departments under the High-Tech Zone Management Board of Hanoi City and Ho Chi Minh City, the workload requires a minimum of seven civil servant positions; for departments under the High-Tech Zone Management Board of Class I provinces, a minimum of six civil servant positions; for departments under the High-Tech Zone Management Board of Class II and Class III provinces, a minimum of five civil servant positions;

c) One Deputy Department Head may be assigned to departments under the High-Tech Zone Management Board of Hanoi City and Ho Chi Minh City with fewer than ten civil servant positions, departments under the High-Tech Zone Management Board of Class I provinces with fewer than nine civil servant positions, and departments under the High-Tech Zone Management Board of Class II and Class III provinces with fewer than eight civil servant positions;

d) Not more than two Deputy Department Heads may be assigned to departments under the High-Tech Zone Management Board of Hanoi City and Ho Chi Minh City with between ten and fourteen civil servant positions, departments under the High-Tech Zone Management Board of Class I provinces with between nine and fourteen civil servant positions, and departments under the High-Tech Zone Management Board of Class II and Class III provinces with between eight and fourteen civil servant positions;

e) The number of deputy heads of the Office of the High-Tech Zone Management Board shall be implemented in accordance with the regulations for specialized and operational departments;

5. The establishment and organization of public service units under the High-Tech Zone Management Board shall be carried out in accordance with the laws on the establishment, restructuring, and dissolution of public service units.

6. The number of civil servant positions and the number of staff in public service units of the High-Tech Zone Management Board shall be allocated based on job positions, linked to functions, tasks, scope of activities, and within the total number of civil servant positions and the number of staff in administrative agencies and public service units of the province or centrally governed city approved or approved by the competent state agency.

Chapter VII

IMPLEMENTING PROVISIONS

Article 49. Amend and supplement Decree No. 145/2020/NĐ-CP dated December 14, 2020 of the Government detailing and guiding the implementation of certain provisions of the Labor Code on labor conditions and labor relations as follows:

1. Supplement Clause 4 to Article 4 as follows:

"4. For high-tech industrial zones, the reporting on labor utilization shall be carried out as follows:

a) The employer reports changes in labor conditions to the Department of Labor - Invalids and Social Affairs and the Management Board of the high-tech industrial zone through the National Public Service Portal. In cases where the employer cannot report changes in labor conditions through the National Public Service Portal, they shall submit the report in paper form to the Management Board of the high-tech industrial zone.

Requirements for the time and format of the report by the employer shall be implemented in accordance with the provisions of Clause 2 of this Article.

b) The Management Board of the high-tech industrial zone shall be responsible for updating complete information and reporting to the Ministry of Labor - Invalids and Social Affairs and the Department of Labor - Invalids and Social Affairs on the situation of labor utilization in the area through the National Public Service Portal in accordance with the time and format prescribed in Clause 3 of this Article."

2. Bổ sung khoản 5 vào Điều 31 như sau:

“5. Trường hợp doanh nghiệp cho thuê lại lao động đặt trụ sở chính hoặc có hoạt động cho thuê lại lao động trên địa bàn khu công nghệ cao thì khi gửi các báo cáo theo quy định tại Điều này, doanh nghiệp cho thuê lại lao động đồng thời gửi 01 bản báo cáo cho Ban quản lý khu công nghệ cao.”.

3. Bổ sung khoản 4 Điều 62 như sau:

“4. Trường hợp người sử dụng lao động đặt trụ sở chính hoặc tổ chức làm thêm từ trên 200 giờ đến 300 giờ trong một năm trên địa bàn khu công nghệ cao thì phải thông báo cho Ban quản lý khu công nghệ cao về việc tổ chức làm thêm theo thời gian và biểu mẫu quy định tại khoản 2 và khoản 3 Điều này.”.

Điều 50. Quy định chuyển tiếp

1. Các khu công nghệ cao đã hoàn thành các thủ tục quy hoạch, đầu tư, thành lập theo quy định của pháp luật trước thời điểm có hiệu lực thi hành của Nghị định này thì không phải thực hiện thêm các thủ tục quy hoạch, đầu tư, thành lập theo quy định của Nghị định này.

2. Các dự án đầu tư đã được cấp Giấy phép đầu tư/Giấy chứng nhận đầu tư/Quyết định chấp thuận chủ trương đầu tư/Giấy chứng nhận đăng ký đầu tư trước ngày Nghị định này có hiệu lực thi hành nếu điều chỉnh dự án đầu tư mà có sự thay đổi liên quan đến hoạt động công nghệ cao thì các nội dung điều chỉnh dự án đầu tư phải đáp ứng các nguyên tắc đối với dự án đầu tư thực hiện hoạt động công nghệ cao quy định tại Điều 28 hoặc Điều 35 Nghị định này.

Điều 51. Hiệu lực thi hành

1. Nghị định này có hiệu lực thi hành từ ngày 25 tháng 3 năm 2024.

2. Các Nghị định, quy định sau đây hết hiệu lực thi hành kể từ ngày Nghị định này có hiệu lực thi hành:

a) Nghị định số 99/2003/NĐ-CP ngày 28 tháng 8 năm 2003 của Chính phủ về việc ban hành Quy chế khu công nghệ cao;

b) Điều 112 Nghị định số 31/2021/NĐ-CP ngày 26 tháng 3 năm 2021 của Chính phủ quy định chi tiết và hướng dẫn thi hành một số điều của Luật Đầu tư.

Điều 52. Tổ chức thực hiện

1. Bộ trưởng Bộ Khoa học và Công nghệ quy định chi tiết điểm đ khoản 2 Điều 29, khoản 2 Điều 31, điểm đ khoản 1 Điều 32 Nghị định này.

2. Bộ trưởng Bộ Nông nghiệp và Phát triển nông thôn quy định chi tiết điểm đ khoản 2 Điều 36, điểm đ khoản 2 Điều 38 Nghị định này.

3. Các Bộ trưởng, Thủ trưởng cơ quan ngang bộ, Thủ trưởng cơ quan thuộc Chính phủ, Chủ tịch Ủy ban nhân dân tỉnh, thành phố trực thuộc trung ương, Trưởng ban Ban quản lý khu công nghệ cao và các tổ chức, cá nhân có liên quan chịu trách nhiệm thi hành Nghị định này./.

Nơi nhận:
- Ban Bí thư Trung ương Đảng;

- Thủ tướng, các Phó Thủ tướng Chính phủ;
- Các bộ, cơ quan ngang bộ, cơ quan thuộc Chính phủ;
- HĐND, UBND các tỉnh, thành phố trực thuộc trung ương;
- Văn phòng Trung ương và các Ban của Đảng;
- Văn phòng Tổng Bí thư;
- Văn phòng Chủ tịch nước;
- Hội đồng Dân tộc và các Ủy ban của Quốc hội;
- Văn phòng Quốc hội;
- Tòa án nhân dân tối cao;
- Viện kiểm sát nhân dân tối cao;
- Kiểm toán nhà nước;
- Ủy ban Giám sát tài chính Quốc gia;
- Ngân hàng Chính sách xã hội;
- Ngân hàng Phát triển Việt Nam;
- Ủy ban trung ương Mặt trận Tổ quốc Việt Nam;
- Cơ quan trung ương của các đoàn thể;
- VPCP: BTCN, các PCN, Trợ lý TTg, TGĐ Cổng TTĐT, các Vụ, Cục, đơn vị trực thuộc, Công báo;
- Lưu: VT, KGVX (2).

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21/2017/QH14 Luật quy hoạch số 21/2017/QH14 발효 중 21/2008/QH12 Luật Công nghệ cao số 21/2008/QH12 발효 중 35/2018/QH14 Luật Sửa đổi, bổ sung một số điều của 37 luật có liên quan đến quy hoạch số 35/2018/QH14 발효 중 76/2015/QH13 Luật Tổ chức Chính phủ số 76/2015/QH13 만료됨 47/2019/QH14 Luật sửa đổi, bổ sung một số điều của Luật Tổ chức Chính phủ và Luật Tổ chức chính quyền địa phương số 47/2019/QH14 만료됨 39/2019/QH14 Luật đầu tư công số 39/2019/QH14 발효 중 28/2018/QH14 Luật sửa đổi, bổ sung một số điều của 11 luật có liên quan đến quy hoạch số 28/2018/QH14 발효 중 29/2013/QH13 Luật Khoa học và công nghệ số 29/2013/QH13 발효 중 30/2009/QH12 Nghị quyết số 30/2009/QH12 Phê chuẩn quyết toán ngân sách nhà nước năm 2007 발효 중 62/2020/QH14 Luật sửa đổi, bổ sung một số điều của Luật Xây dựng số 62/2020/QH14 발효 중 59/2020/QH14 Luật Doanh nghiệp số 59/2020/QH14 발효 중 68/2020/QH14 Luật Cư trú số 68/2020/QH14 발효 중 83/2015/QH13 Luật Ngân sách nhà nước số 83/2015/QH13 만료됨 61/2020/QH14 Luật đầu tư số 61/2020/QH14 만료됨 15/2017/QH14 Luật Quản lý, sử dụng tài sản công số 15/2017/QH14 발효 중 50/2014/QH13 Luật Xây dựng số 50/2014/QH13 발효 중 45/2019/QH14 Bộ Luật lao động số 45/2019/QH14 발효 중 72/2020/QH14 Luật Bảo vệ môi trường số 72/2020/QH14 발효 중 45/2013/QH13 Nghị quyết số 45/2013/QH13 Điều chỉnh Chương trình xây dựng luật, pháp lệnh nhiệm kỳ Quốc hội khóa XIII, năm 2013 và Chương trình xây dựng luật, pháp lệnh năm 2014 발효 중 08/2024/TT-BKHCN Thông tư số 08/2024/TT-BKHCN Quy định một số tiêu chí đối với dự án đầu tư cơ sở nghiên cứu và phát triển công nghệ cao, dự án đầu tư ứng dụng công nghệ cao để sản xuất sản phẩm công nghệ cao đầu tư vào khu công nghệ cao 발효 중 21/2026/QĐ-UBND Quyết định số 21/2026/QĐ-UBND Ban hành “quy chế phối hợp giữa ban quản lý các khu công nghệ cao và khu công nghiệp thành phố hà nội với các sở, ngành, cơ quan, đơn vị của thành phố và UBND các xã, phường có khu công nghệ cao và khu công nghiệp trên địa bàn” 발효 중 38/2025/QĐ-UBND Quyết định số 38/2025/QĐ-UBND Về phân cấp thực hiện việc cấp, cấp lại, gia hạn, thu hồi giấy phép lao động và giấy xác nhận không thuộc diện cấp giấy phép lao động đối với người lao động nước ngoài làm việc tại Việt Nam trên địa bàn Thành phố Hồ Chí Minh 발효 중 73/2025/NQ-HĐND Nghị quyết số 73/2025/NQ-HĐND Quy định cơ chế, chính sách, biện pháp ưu đãi, hỗ trợ thu hút nguồn nhân lực công nghệ cao làm việc tại khu công nghệ cao và thúc đẩy hoạt động đổi mới sáng tạo tại khu công nghệ cao 발효 중 23/2025/QĐ-UBND Quyết định số 23/2025/QĐ-UBND Ban hành Quy định về chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Ban Quản lý các Khu công nghiệp, Khu kinh tế tỉnh Đồng Nai 발효 중 05/2025/NQ-HĐND Nghị quyết số 05/2025/NQ-HĐND Bãi bỏ Nghị quyết số 02a/2016/NQ-HĐND ngày 29 tháng 7 năm 2016 của Hội đồng nhân dân tỉnh “về thu tiền bảo vệ, phát triển đất trồng lúa trên địa bàn tỉnh Bạc Liêu” 발효 중 04/2025/NQ-HĐND Nghị quyết số 04/2025/NQ-HĐND Cho phép người sử dụng đất trong Khu công nghệ cao không phải hoàn trả ngân sách Nhà nước kinh phí bồi thường, giải phóng mặt bằng đã được Nhà nước bố trí từ ngân sách Nhà nước 발효 중 34/2025/QĐ-UBND Quyết định số 34/2025/QĐ-UBND Ban hành Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Ban Quản lý Khu công nghệ cao và các khu công nghiệp Đà Nẵng 만료됨 10/2025/QĐ-UBND Quyết định số 10/2025/QĐ-UBND Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Ban Quản lý các khu công nghệ cao và khu công nghiệp thành phố Hà Nội 발효 중 25/2024/NQ-HĐND Nghị quyết số 25/2024/NQ-HĐND Về việc cho phép người sử dụng đất trong Khu công nghệ cao không phải hoàn trả ngân sách nhà nước kinh phí bồi thường, giải phóng mặt bằng đã được Nhà nước bố trí từ ngân sách nhà nước trên địa bàn tỉnh Hậu Giang 발효 중 01/2025/NQ-HĐND Nghị quyết số 01/2025/NQ-HĐND Quy định cho phép người sử dụng đất được Nhà nước giao đất không thu tiền sử dụng đất, cho thuê đất trong Khu công nghệ cao không phải hoàn trả ngân sách nhà nước kinh phí bồi thường, giải phóng mặt bằng đã được Nhà nước bố trí từ ngân sách nhà nước trên địa bàn tỉnh Phú Yên 발효 중 20/2024/NQ-HĐND Nghị quyết số 20/2024/NQ-HĐND Quy định các tiêu chí, lĩnh vực, nội dung hỗ trợ thử nghiệm có kiểm soát giải pháp công nghệ mới trong phạm vi Khu Công nghệ cao, Khu Công nghệ thông tin tập trung trên địa bàn Thành phố Hồ Chí Minh 발효 중 71/2024/QĐ-UBND Quyết định số 71/2024/QĐ-UBND Sửa đổi, bổ sung một số nội dung của Quy định về lập, thẩm định, phê duyệt và tổ chức thực hiện quy hoạch xây dựng, quy hoạch đô thị trên địa bàn tỉnh Đồng Nai ban hành kèm theo Quyết định số 59/2023/QĐ-UBND ngày 29 tháng 12 năm 2023 của Ủy ban nhân dân tỉnh Đồng Nai 만료됨 72/2026/QĐ-UBND Quyết định số 72/2026/QĐ-UBND Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Ban Quản lý các khu công nghệ cao và khu công nghiệp thành phố Hà Nội 발효 중 44/2026/QĐ-UBND Quyết định 44/2026/QĐ-UBND của Đồng Nai 발효 중 66/2026/QĐ-UBND Quyết định 66/2026/QĐ-UBND của UBND Thành phố Đồng Nai 발효 중
10/2024/NĐ-CP
Decree No. 10/2024/NĐ-CP on high-tech zones
In effect
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34/2026/QĐ-UBND Quyết định số 34/2026/QĐ-UBND Bãi bỏ Quyết định số 08/2025/QĐ-UBND ngày 01 tháng 7 năm 2025 của Ủy ban nhân dân tỉnh Ninh Bình ban hành Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Văn phòng Ủy ban nhân dân tỉnh Ninh Bìn 발효 중 23/2025/QĐ-UBND Quyết định số 23/2025/QĐ-UBND Ban hành Bảng giá tính thuế tài nguyên năm 2026 trên địa bàn tỉnh An Giang 발효 중 38/2025/QĐ-UBND Quyết định số 38/2025/QĐ-UBND Ban hành Quy trình kiểm tra nội dung về đăng ký kinh doanh trên địa bàn tỉnh Lào Cai 발효 중 73/2025/NQ-HĐND Nghị quyết số 73/2025/NQ-HĐND Quy định các chính sách đặc thù về củng cố, nâng cao năng lực trạm y tế trên địa bàn Thành phố Hồ Chí Minh 발효 중 71/2024/QĐ-UBND Quyết định số 71/2024/QĐ-UBND ban hành Quy định các trường hợp không có tính khả thi để khôi phục lại tình trạng ban đầu của đất trước khi vi phạm và mức độ khôi phục lại tình trạng ban đầu của đất trên địa bàn tỉnh Thái Nguyên 발효 중 20/2024/NQ-HĐND Nghị quyết số 20/2024/NQ-HĐND Quy định giá dịch vụ khám bệnh, chữa bệnh tại các cơ sở khám bệnh, chữa bệnh của Nhà nước thuộc tỉnh Vĩnh Phúc quản lý 발효 중 01/2025/NQ-HĐND NGHỊ QUYẾT SỐ 01/2025/NQ-HĐND BAN HÀNH QUY ĐỊNH NGUYÊN TẮC, PHẠM VI, ĐỊNH MỨC HỖ TRỢ VÀ VIỆC SỬ DỤNG KINH PHÍ HỖ TRỢ SẢN XUẤT, BẢO VỆ ĐẤT TRỒNG LÚA TRÊN ĐỊA BÀN TỈNH THÁI NGUYÊN 발효 중 25/2024/NQ-HĐND Nghị quyết số 25/2024/NQ-HĐND Sửa đổi, bổ sung khoản 5 Điều 2 và Điều 4 Nghị quyết số 26/2023/NQ-HĐND ngày 07 tháng 12 năm 2023 của Hội đồng nhân dân tỉnh Quy định về người hoạt động không chuyên trách; người tham gia hoạt động ở thôn, tổ dân phố; khoán kinh phí hoạt động ở cấp xã, ở thôn, tổ dân phố trên địa bàn tỉnh Tuyên Quang 발효 중 34/2025/QĐ-UBND Quyết định số 34/2025/QĐ-UBND Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Trung tâm phát triển quỹ đất trực thuộc Ủy ban nhân dân tỉnh Hưng Yên 만료됨 10/2025/QĐ-UBND Quyết định số 10/2025/QĐ-UBND Ban hành Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Sở Tư pháp tỉnh Quảng Trị 발효 중 05/2025/NQ-HĐND Nghị quyết số 05/2025/NQ-HĐND Quy định chính sách hỗ trợ học sinh người dân tộc thiểu số thuộc hộ nghèo, hộ cận nghèo trên địa bàn tỉnh Bình Phước từ năm học 2025-2026 발효 중 04/2025/NQ-HĐND Nghị quyết số 04/2025/NQ-HĐND Quy định chính sách hỗ trợ cán bộ, công chức, viên chức và người lao động của các cơ quan, đơn vị bị tác động, ảnh hưởng do sắp xếp đơn vị hành chính 발효 중

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