Decision No. 105/2009/QD-TTg Issuing the Management Regulation for Industrial Clusters

 

Pursuant to …;

ISSUING REGULATIONS ON MANAGEMENT OF INDUSTRIAL ZONES

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Based on the Investment Law dated November 29, 2005;
Pursuant to the Enterprise Law dated November 29, 2005;
Pursuant to the Construction Law dated November 26, 2003;
Based on the Land Law dated November 26, 2003;
Pursuant to the Environmental Protection Law dated November 29, 2003;
Considering the proposal of the Minister of Industry and Trade,

Pursuant to …;

Article 1. The accompanying Decision promulgates the Regulations on Management of Industrial Zones.

Article 2. The Ministry of Industry and Trade shall take the lead and coordinate with relevant ministries and sectors to guide the implementation of this Decision.

Article 3. This Decision takes effect from October 5, 2009. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central city administrations, and related organizations and individuals are responsible for implementing this Decision.

 

REGULATIONS

MANAGEMENT OF INDUSTRIAL ZONES
(Accompanying Decision No. 105/2009/QD-TTg dated August 19, 2009 of the Government)

Chapter 1.
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. Scope of Regulation: These regulations stipulate planning, supplementary planning, establishment, and expansion of industrial zones; investment in construction and operation of infrastructure within industrial zones; production, business, and service provision within industrial zones; and state management over industrial zones throughout the country.

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

a. Enterprises, organizations, and individuals investing in construction and operation of infrastructure within industrial zones and engaging in production, business, and services within industrial zones;

b. State management agencies and other organizations performing tasks related to the management and activities of industrial zones.

Article 2. Interpretation of Terms

1. Industrial Zone is an area concentrating industrial enterprises, small-scale industrial establishments, and service facilities serving industrial production; it has defined geographical boundaries without residential populations; it is primarily established through relocation, reorganization, and attraction of small and medium-sized enterprises, individuals, and households in the locality to invest in production and business. An industrial zone is established by the People's Committee of provinces and centrally-administered cities (hereinafter referred to as the Provincial People's Committee). Industrial zones operate according to these regulations and relevant laws.

An industrial zone has an area not exceeding 50 (fifty) hectares. In cases where it is necessary to expand existing industrial zones, the total area after expansion shall not exceed 75 (seventy-five) hectares.

2. Infrastructure Business Unit (hereinafter referred to as the Infrastructure Business Unit) is an enterprise, organization, or individual established and operating in accordance with Vietnamese law or registered for business in accordance with Vietnamese law, directly investing in construction and operation of infrastructure within industrial zones. In cases where an industrial zone to be established or expanded does not have an Infrastructure Business Unit, an Industrial Zone Development Center may be established.

3. Industrial Zone Infrastructure includes internal road systems, water supply systems, drainage systems, wastewater treatment systems, waste disposal systems, power supply systems, public lighting, internal communication systems, administrative buildings, security facilities, and other facilities serving the operations of the industrial zone.

4. Production and Business Enterprises within Industrial Zones (hereinafter referred to as Enterprises): are enterprises, cooperatives, cooperative groups established in accordance with Vietnamese law; individuals and households registered for business in accordance with the law, engaged in investment in production, business, and services within industrial zones.

5. Industrial Zone Development Center: is an economic public service unit under the district People's Committee, established to perform the functions and responsibilities of the Infrastructure Business Unit. The organizational structure, staffing, and operational funding of the Industrial Zone Development Center are implemented in accordance with the law.

6. Industrial Land Area is the portion of land in an industrial zone allocated for production, business, and services.

7. Occupancy Rate is the ratio between the area of industrial land that has been leased or registered for lease and the total area of industrial land.

Article 3. Fields, industries, production facilities encouraged for investment in industrial clusters

1. Processing industry of agriculture, forestry, and aquaculture products.

2. Production of new products, products substituting imported goods.

3. Production of products using local raw materials, employing many workers.

4. Production of products, spare parts, assembly and repair of machinery and equipment serving agriculture and rural areas.

5. Supporting industries.

6. Production facilities applying advanced technology, implementing scientific research results, and being environmentally friendly.

7. Industrial and small-scale industrial production facilities causing pollution or at risk of causing pollution that need to be relocated from craft villages and residential areas.

8. Service facilities serving production in industrial and small-scale industrial sectors.

9. Other fields and industries suitable for local industrial and small-scale industrial development planning, encouraged according to the regulations of the provincial People's Committee on the principle of not exceeding the legal framework.

Chapter 2.
PLANNING, ESTABLISHMENT, EXPANSION, AND COMPLEMENTATION OF INDUSTRIAL CLUSTER PLANNING

Article 4. Planning for the development of industrial clusters

1. Based on economic and social development planning, industrial and small-scale industrial development planning within the region, land use planning, and related plans, the Department of Industry and Trade shall take the lead and coordinate with relevant departments, sectors, and district People's Committees to develop the Project for Planning the Development of Industrial Clusters within the Region, submit it to the provincial People's Committee for approval after obtaining the agreement of the Ministry of Industry and Trade. Depending on specific circumstances, requirements, and development goals of the industrial and small-scale industrial sector in each period, the provincial People's Committee decides to develop separate planning for industrial cluster development or incorporate it into the provincial industrial and small-scale industrial development plan.

2. The main contents of the Project for Planning the Development of Industrial Clusters include:

a. Legal basis and necessity for planning;

b. Overview of the current development status of industries and industrial zones within the region;

c. Analysis and evaluation of the current construction and development status of industrial clusters that have been planned and established within the region, including:

- Determining the location and role of industrial clusters in economic and social development and the development of industries in the locality;

- Analyzing and evaluating achievements and shortcomings in the investment construction and development of industrial clusters;

- Forecasting factors affecting the demand for industrial cluster development, the ability to attract infrastructure investment in industrial clusters, and the land rental needs of enterprises and industrial production facilities within the region.

d. Orientation for the distribution and development of industrial clusters within the region, including: determining the name, location, expected area size, land allocation capacity (on the principle of not using land already planned for rice cultivation), industry characteristics, and external infrastructure connection conditions of planned industrial clusters;

đ. Determining solutions, mechanisms, policies, and proposals for implementation organization;

e. Strategic environmental impact assessment;

g. Displaying planning schemes for the development of industrial clusters on planning maps.

3. Procedures for establishing, approving, and managing the Project for Planning the Development of Industrial Clusters shall be carried out in accordance with current regulations on the establishment, approval, and management of overall economic and social development planning. The industrial cluster development planning within the region must be announced no later than 30 days from the date of the approval decision.

4. Approved planning for the development of industrial clusters serves as a basis for considering and deciding on the establishment of industrial clusters, calling for investment in infrastructure construction, developing relocation plans for businesses and production facilities causing pollution or at risk of causing pollution from craft villages and residential areas, and promoting and attracting investment in production and business activities within industrial clusters.

Article 5. Establishment of Industrial Clusters

1. Conditions for establishing an industrial cluster:

a. Included in the approved industrial cluster development plan;

b. Capable of achieving a minimum occupancy rate of 30% within one year after establishment;

c. Having an investor to construct the infrastructure of the industrial cluster.

2. Procedures for establishing industrial clusters:

a. Based on the conditions for establishing industrial clusters, the People's Committee of the district shall prepare a proposal for establishing an industrial cluster to be submitted to the Department of Industry and Trade for review.

b. The Department of Industry and Trade shall take the lead and coordinate with relevant departments to review the establishment proposal of the industrial cluster and submit it to the Provincial People's Committee.

Within fifteen working days from the date of receiving a valid application, the Department of Industry and Trade shall organize the review and submit it to the Provincial People's Committee. Within ten working days from the date of receiving the application along with the review report of the Department of Industry and Trade, the Provincial People's Committee shall consider and decide on the establishment or non-establishment of the industrial cluster.

The decision on the establishment of the industrial cluster shall be sent to the Ministry of Industry and Trade for one copy for monitoring and general guidance.

3. Documents for establishing an industrial cluster include:

a. A request document from the district People's Committee submitted to the provincial People's Committee regarding the establishment of an industrial cluster;

b. An investment report for establishing an industrial cluster;

c. A certified copy of the decision approving the development planning of industrial clusters (or supplementary planning documents) in the province; other related documents (if any).

The documents shall be prepared in eight sets, submitted to the Department of Industry and Trade (including two original sets).

4. Main contents of the Investment Report for Establishing an Industrial Cluster include:

- The necessity of establishing an industrial cluster;

- Actual needs and suitability with approved related plans (industrial cluster development plans, land use plans, construction plans...);

- Current land use status and orientation for arranging industries, land use structure, and expected investment attraction in the industrial cluster;

- Expected boundaries, land area, capability of connecting technical infrastructure inside and outside the fence; environmental impact assessment report of the industrial cluster; preliminary orientation, analysis, and selection of investment solutions for industrial cluster infrastructure;

- Expected land clearance and resettlement support plans;

- Expected economic and social benefits of the industrial cluster;

- Preliminary determination of investment capital sources, investors, implementation methods, management methods for construction and operation of industrial cluster infrastructure;

- Expected leasing capabilities after establishment;

- Solutions and implementation schedules.

Article 6. Expansion of Industrial Clusters

1. Conditions for expanding industrial clusters:

a. Having suitable land funds in accordance with the district's land use plan, meeting the expansion needs of the industrial cluster;

b. Exceeding the current industrial land area of the industrial cluster due to demand for industrial land rental;

c. Already achieving at least a 60% (sixty percent) occupancy rate;

d. Already having centralized wastewater treatment facilities for industrial clusters with an area of 15 (fifteen) hectares or more.

2. Procedures for expanding industrial clusters:

a. Based on the conditions for expanding industrial clusters, the district People's Committee shall prepare a proposal for expanding an industrial cluster to be submitted to the Department of Industry and Trade for review.

b. The Department of Industry and Trade shall take the lead and coordinate with relevant departments to review the expansion proposal of the industrial cluster and submit it to the Provincial People's Committee.

Within ten working days from the date of receiving a valid application, the Department of Industry and Trade shall organize the review and submit it to the Provincial People's Committee. Within seven working days from the date of receiving the application along with the review report of the Department of Industry and Trade, the Provincial People's Committee shall decide on the expansion or non-expansion of the industrial cluster.

The decision on the expansion of the industrial cluster shall be sent to the Ministry of Industry and Trade for one copy for monitoring and general guidance.

3. Documents for expanding an industrial cluster include:

- A request document from the district People's Committee submitted to the provincial People's Committee regarding the expansion of an industrial cluster;

- An investment report for expanding an industrial cluster, including: the necessity of expanding the industrial cluster, explaining how the conditions for expanding the industrial cluster as stipulated in Clause 1 of this Article are met; evaluation of the current development status of the existing industrial cluster; orientation for expanding the industrial cluster (boundaries, area, current land use status, connection plans for technical infrastructure inside and outside the fence; land clearance and resettlement support plans); preliminary determination of investment capital sources and implementation methods; solutions and implementation schedules; expected leasing capabilities and economic and social benefits of the industrial cluster after expansion.

The documents shall be prepared in eight sets, submitted to the Department of Industry and Trade (including two original sets).

Article 7. Supplementing the planning for the development of industrial clusters

1. Conditions for supplementing new industrial clusters into the approved planning:

a. In accordance with the planning and plans for economic and social development, the planning and plans for the development of industry and small-scale industry, land use planning and other related planning in the locality;

b. The average occupancy rate of existing operational industrial clusters in the district reaches at least 60% (sixty percent).

c. There is sufficient industrial land to establish a new industrial cluster;

d. There is a demand for leasing land for investment and business in line with the orientation of the planning for the development of industry and small-scale industry in the locality, but the currently operating industrial clusters in the district cannot meet the requirements of investors (location, area, production industry...);

2. Procedures for supplementing the planning for industrial clusters:

a. Based on the conditions for supplementing the planning for industrial clusters, the People's Committee of the district shall submit a report to the People's Committee of the province along with the application file for supplementing the planning for the development of industrial clusters in the locality to the Department of Industry and Trade for organization of review.

b. The Department of Industry and Trade shall take the lead and coordinate with relevant departments to examine the necessity of supplementing industrial clusters, their compliance with the planning for the development of industry and small-scale industry in the locality; submit to the People's Committee of the province for consideration and decision after obtaining the agreement of the Ministry of Industry and Trade.

The decision approving the supplementation of the planning for existing industrial clusters shall be sent to the Ministry of Industry and Trade one copy for monitoring and overall guidance.

3. Documents for supplementing the planning for industrial clusters include:

- A request document from the People's Committee of the district submitted to the People's Committee of the province regarding the supplementation of the planning for industrial clusters;

- A supplementary planning report for the development of industrial clusters, including: the necessity to expand industrial clusters, explaining how they meet the conditions for supplementing the planning for industrial clusters as stipulated in Clause 1 of this Article; the orientation for the distribution and development of industrial clusters in the locality, including: determining the name, location, projected scale and area, current land use status, rice field land, nature of industries attracted, and external infrastructure conditions of the planned industrial clusters.

The documents shall be prepared in eight sets, submitted to the Department of Industry and Trade (including two original sets).

Chapter 3.
INVESTMENT AND CONSTRUCTION OF INFRASTRUCTURE FOR INDUSTRIAL CLUSTERS

Article 8. Detailed Planning for Industrial Clusters

Prior to establishing an investment project for construction, the infrastructure business unit must prepare a detailed construction planning for the industrial cluster. The procedures for preparing, reviewing, approving, and managing the detailed construction planning for industrial clusters shall be carried out in accordance with the current regulations on construction planning.

Article 9. Infrastructure Business Unit

1. The selection of the infrastructure business unit is determined during the establishment and expansion phases of the industrial cluster.

2. In cases where the proposed newly established or expanded industrial cluster does not have an infrastructure business unit, the Industrial Cluster Development Center shall perform the function of operating the infrastructure of the industrial cluster.

Article 10. Preparation of Investment Construction Projects

The contents, procedures for preparation, review, approval, and management of investment projects for constructing infrastructure in industrial clusters shall be implemented in accordance with the laws on investment and construction.

The content of the environmental impact assessment for the project must be established, reviewed, and approved in accordance with the provisions of the Environmental Protection Law.

Article 11. Rights and Obligations of Infrastructure Business Units

1. Infrastructure business units have the following rights:

a. To promote investment in industrial clusters based on detailed planning that has been approved;

b. To raise capital to invest in building infrastructure for industrial clusters in accordance with the law;

c. To lease land again or transfer land use rights in accordance with the law;

d. To invest in constructing factories within industrial clusters for leasing or selling to enterprises;

đ. To operate public services and utilities within industrial clusters in accordance with the content of the investment certificate or business registration issued;

e. To decide on the lease price, land transfer price, factory rental or sale price, and fees for using public services and utilities. In cases where the industrial cluster is managed and operated by the Industrial Cluster Development Center, the lease price, factory rental or sale price, and fees for using public services and utilities shall be decided by the competent authority;

g. To enjoy investment incentives and other incentives and support as prescribed by law.

2. Infrastructure business units have the following obligations:

a. To implement the project to invest in technical infrastructure for industrial clusters in accordance with the detailed planning that has been approved and the schedule recorded in the project as stipulated by the Land Law; in cases where the deadline is exceeded, the Infrastructure Business Unit must request an extension and obtain approval from the competent authority;

b. To maintain and repair infrastructure works within the industrial cluster throughout its operational period; to provide related investment services within the industrial cluster; to provide services and utilities serving production and business activities within the industrial cluster (if applicable);

c. To fulfill financial, accounting, auditing, statistical, insurance, labor, construction standards; regulations on occupational safety, industrial hygiene, environmental protection, fire prevention... as prescribed by law;

d. To act as a focal point for enterprises in registering investments, obtaining investment certificates within the industrial cluster. To create favorable conditions for enterprises to implement investment projects for production and business activities within the industrial cluster;

đ. To report regularly to the People's Committee of the district where the industrial cluster is located, the Department of Industry and Trade, and to fulfill other obligations as prescribed by law.

Chapter 4.
INVESTMENT, PRODUCTION, BUSINESS AND SERVICES WITHIN INDUSTRIAL CLUSTERS

Article 12. Acceptance of Investment Projects for Production in Industrial Clusters

Enterprises wishing to invest in production and business within industrial clusters shall contact the infrastructure business unit to be guided on planning, industry placement, land prices, factory prices within the industrial cluster, and sign a principle agreement contract regarding the location, site, and area of industrial land expected to be leased to implement the investment project in the industrial cluster in accordance with the laws on investment and construction.

Article 13. Land Use in Industrial Clusters

Enterprises wishing to use land within industrial clusters shall contact the infrastructure business unit to be guided on procedures for leasing or transferring land (with infrastructure already built) in accordance with the laws on land.

Article 14. Rights and Obligations of Enterprises

1. Enterprises have the following rights:

a. To use land, extend the term of land use within industrial clusters in accordance with the provisions of the Land Law; to lease or transfer part of their land, factories, and assets on leased land in accordance with relevant laws;

b. To use infrastructure works, public services, and other services within industrial clusters for payment in accordance with the provisions;

c. To contribute capital to construct and operate infrastructure according to agreements with infrastructure business units;

d. To be supported and facilitated in recruitment and training of labor to meet production and business requirements;

đ. To enjoy other preferential policies and support as prescribed by law.

2. Enterprises have the following obligations:

a. To use land, implement investment projects, and engage in production and business activities in accordance with the contents registered in the investment certificate issued;

b. To fulfill obligations under the provisions of laws on business registration, investment, finance, accounting, auditing, statistics, insurance, labor; regulations on occupational safety, industrial hygiene, environmental protection, fire prevention and control...;

c. To actively participate in attracting labor and solving employment issues at the locality where the industrial cluster is located, primarily for policy-targeted workers and households whose land was expropriated for the construction of the industrial cluster;

d. To report regularly to the People's Committee of the district where the industrial cluster is located, the Department of Industry and Trade, and other obligations as prescribed by law.

Article 15. Management of Public Services and Utilities

1. Public services and utilities such as security, public order, environmental sanitation, wastewater treatment, waste disposal, maintenance of technical infrastructure works within industrial clusters, and other utility services are organized and implemented by infrastructure business units. The fee for using public services and utilities is determined based on the principle of agreement through contracts signed between service users and infrastructure business units.

2. The resolution of complaints and disputes arising from the management, supply, and use of public services and utilities within industrial clusters shall be carried out in accordance with the provisions of law.

Article 16. Management of Production and Business Activities

The management of production and business activities within industrial clusters shall be conducted in accordance with current legal provisions. Specialized inspections of enterprises shall be carried out according to plans approved by competent state agencies in accordance with the law on inspection.

Chapter 5.
STATE MANAGEMENT OF INDUSTRIAL CLUSTERS

Article 17. State Administration Content for Industrial Clusters

1. To formulate, promulgate, disseminate, guide, and organize the implementation of laws, mechanisms, policies, technical standards related to the establishment and operation of industrial clusters.

2. To develop and direct the implementation of planning, programs, and plans for the development of industrial clusters.

3. To issue, adjust, and revoke various types of investment certificates, business registration certificates, licenses, certificates, and certifications related to activities within industrial clusters.

4. To direct and organize the provision of public services supporting investment and production and business activities of organizations and individuals within industrial clusters.

5. To build and manage information about industrial clusters; to direct investment promotion activities in industrial clusters.

6. To organize administrative structures, train, and provide vocational training for state administration agencies regarding industrial clusters.

7. To carry out inspection, supervision, evaluation of investment effectiveness, complaint resolution, commendation, handling of violations, and resolution of issues arising during the formation, operation, and development of industrial clusters.

Article 18. Responsibilities of Ministries and Sectors

1. The Ministry of Industry and Trade shall be responsible for state management of industrial clusters nationwide including:

a. Implementing planning management for the development of industrial clusters;

b. Drafting and promulgating or proposing competent authorities to issue legal normative documents, mechanisms, and policies on the development of industrial clusters;

c. Guiding and participating in opinions on the establishment, review, and supplementation of provincial and centrally-administered city industrial cluster development plans;

d. Leading the implementation of international cooperation programs in the field of industrial cluster development; organizing visits, surveys, and learning experiences from industrial cluster development models worldwide;

đ. Leading and coordinating with relevant ministries, sectors, and provincial People's Committees in guiding, training, and enhancing the professional skills of officials and civil servants in managing industrial clusters;

e. Leading and coordinating with the Ministry of Planning and Investment in guiding and handling industrial clusters that were formed before this Regulation took effect;

g. Organizing regular or spot inspections of the implementation of planning, regulations, and state policies on industrial cluster development; evaluating and monitoring the effectiveness of investment support for infrastructure and activities of industrial clusters;

h. Building and managing information on industrial clusters nationwide; issuing periodic or spot reports on the development situation of industrial clusters; summarizing and evaluating economic and social outcomes of industrial clusters and reporting to the Prime Minister.

2. The Ministry of Planning and Investment shall lead and coordinate with the Ministry of Industry and Trade and the Ministry of Finance in guiding the implementation of annual central budget capital support for building industrial cluster infrastructure; compiling, planning, and allocating central budget support capital for industrial cluster infrastructure construction for localities based on proposals from the Ministry of Industry and Trade.

3. The Ministry of Finance shall be responsible for coordinating with the Ministry of Planning and Investment and the Ministry of Industry and Trade in balancing and allocating annual central budget capital for supporting industrial cluster infrastructure construction.

4. The Ministry of Construction shall guide detailed planning content and the construction of technical infrastructure and buildings within industrial clusters.

5. The Ministry of Natural Resources and Environment shall guide environmental management and protection in industrial clusters; coordinating with the Ministry of Finance to guide environmental protection fee collection in industrial clusters.

Article 19. Responsibilities of Local Authorities

1. Provincial People's Committees shall be responsible for state management of industrial clusters within their jurisdiction including:

a. Establishing, approving planning and investment construction plans for industrial clusters within their jurisdiction; deciding on the use of local government budget funds to support the construction of industrial cluster infrastructure;

b. Issuing and directing the implementation of mechanisms and policies encouraging and supporting the development of industrial clusters suitable to local conditions;

c. Directing relevant departments and levels within the province to promptly support investors in constructing industrial cluster infrastructure, land clearance, compensation, resettlement, transportation, power supply, water supply and drainage, postal and telecommunications services, worker housing;

d. Issuing Regulations on coordination among Departments, People's Committees at all levels, and related units in implementing state management of industrial clusters;

đ. Building cooperation and linkage programs with provinces and centrally-administered cities to attract investment in developing industrial clusters in accordance with regional industrial development planning;

e. Statistically evaluating the operation status of industrial clusters within their jurisdiction, reporting to the Ministry of Industry and Trade; rewarding organizations and individuals with outstanding achievements in building and developing industrial clusters.

2. The Department of Industry and Trade shall serve as the main advisory body assisting the Provincial People's Committee in implementing state management over industrial clusters within their jurisdiction; leading the drafting and supplementation of industrial cluster development plans and plans for approval by the Provincial People's Committee; reviewing establishment and expansion project files; participating in design basis opinions on investment construction projects for industrial cluster infrastructure and construction projects within industrial clusters according to authority; proposing and implementing mechanisms, policies, and regulations related to industrial cluster development; compiling, evaluating, and reporting on the operational status of industrial clusters within their jurisdiction; managing the activities of enterprises within industrial clusters according to authority.

3. District People's Committees shall be responsible for state management of industrial clusters within their jurisdiction including:

a. Directing the Industry and Trade Office (or Economic Office) in performing functions as the main agency assisting the District People's Committee in managing industrial clusters;

b. Directing specialized agencies under its jurisdiction and village-level People's Committees to support the implementation of land recovery, compensation, land clearance, resettlement... to quickly implement industrial cluster construction within their jurisdiction;

c. Directing the preparation of establishment, expansion, and supplementary planning files for industrial clusters within their jurisdiction; directing the preparation of detailed planning, investment construction projects, and organizing the implementation of investment construction of industrial clusters within their jurisdiction after approval;

d. Participating in the development of industrial cluster development planning within their jurisdiction.

Chapter 6.
IMPLEMENTATION

Article 20. Implementation

The Ministries, ministerial-level agencies, and People's Committees at all levels shall be responsible for organizing the implementation of this Regulation in accordance with their assigned functions and tasks.

During the implementation process, if there are any difficulties or if amendments, supplements, or adjustments to this Regulation are necessary, the Ministries, ministerial-level agencies, and provincial People's Committees shall promptly reflect these issues to the Ministry of Industry and Trade for consolidation and reporting to the Prime Minister for consideration and decision.