Circular No. 12/2020/TT-BKHĐT guiding the functions, tasks, powers, and organizational structure of Industrial Park Management Boards, Export Processing Zone Management Boards, and Economic Zone Management Boards.

CIRCULAR

Guidelines on the functions, tasks, powers, and organizational structure of Industrial Zones Management Boards, Export Processing Zones Management Boards, and Economic Zones Management Boards

^__________

Pursuant to Decree No. 82/2018/NĐ-CP dated May 22, 2018 of the Government on industrial zone management and economic zone management;

Pursuant to Decree No. 40/2019/NĐ-CP dated May 13, 2019 of the Government amending and supplementing certain articles of decrees detailing and guiding the implementation of certain provisions of the Law on Environmental Protection;

Article 1. Scope

At the proposal of the Director of the Department for Management of Economic Zones;

The Minister of Planning and Investment issues this Circular guiding the functions, tasks, powers, and organizational structure of Industrial Zones Management Boards, Export Processing Zones Management Boards, and Economic Zones Management Boards.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details the functions, tasks, powers, and organizational structure of Industrial Zones Management Boards, Export Processing Zones Management Boards, and Economic Zones Management Boards (hereinafter referred to as Management Boards) as stipulated in Article 61, Article 62, Article 63, Article 64, and some other articles of Decree No. 82/2018/NĐ-CP dated May 22, 2018 of the Government on industrial zone management and economic zone management (hereinafter referred to as Decree No. 82/2018/NĐ-CP).

Article 2. Applicability

This Circular applies to Management Boards, state administrative agencies, and organizations and individuals related thereto.

Article 3. Position and Functions of the Management Board

1. The position and functions of the Management Board are prescribed in Article 61 of Decree No. 82/2018/NĐ-CP.

2. The Management Board has its own account opened at the State Treasury in accordance with the law; it is subject to direct guidance and management regarding organization, human resources, activities, finance, and infrastructure by the People's Committee of the province; it is subject to professional guidance and direction by the Ministry of Planning and Investment and relevant ministries and sectors regarding state administration within industrial zones, export processing zones, and economic zones.

Chapter II
TASKS AND POWERS OF THE MANAGEMENT BOARD

Article 4. Tasks and Powers

1. The Management Board performs the tasks and powers assigned to it and those delegated and authorized according to Articles 63, 64, and some other articles of Decree No. 82/2018/NĐ-CP.

2. The Management Board performs tasks and powers concerning investment management as provided in point c, clause 1, points b, e, h, k, and l, clause 2, Article 63 of Decree No. 82/2018/NĐ-CP, including:

a) Registration of investment; issuance, adjustment, and revocation of investment orientation documents, Investment Registration Certificates; agreement on deposit guarantees to ensure the implementation of investment projects within the scope of its authority;

b) Inspection and supervision of the implementation of investment objectives as specified in investment orientation documents, Investment Registration Certificates, capital contribution progress, project implementation, and compliance with commitments for investment projects benefiting from preferential policies; periodic assessment of investment activity performance within industrial zones, export processing zones, and economic zones and reporting to the Ministry of Planning and Investment;

c) Resolution of difficulties and obstacles faced by investors within industrial zones, export processing zones, and economic zones and recommendations to the Prime Minister, relevant ministries and sectors, and the People's Committee of the province for resolution of issues beyond their authority;

d) Submitting to the People's Committee of the province programs and plans for promoting investment development within industrial zones, export processing zones, and economic zones;

đ) Cooperating with the Ministry of Planning and Investment in building and managing information systems for industrial zones, export processing zones, and economic zones under their jurisdiction;

e) Reporting periodically on the situation of construction and development within industrial zones, export processing zones, and economic zones; receiving, issuing, adjusting, and revoking investment orientation documents, Investment Registration Certificates, and the operational status of investment projects within their management scope in accordance with the Investment Law and detailed regulations;

3. The Management Board performs tasks and powers concerning environmental management as assigned and delegated according to Article 43, Article 44, point đ, clause 3, Article 63 of Decree No. 82/2018/NĐ-CP and Decree No. 40/2019/NĐ-CP dated May 13, 2019 of the Government amending and supplementing certain articles of decrees detailing and guiding the implementation of the Law on Environmental Protection, including:

a) Coordinating in the review and approval of environmental impact assessment reports, confirmation of completion of environmental protection works, environmental approval, and confirmation of environmental protection plans for investment projects within industrial zones, export processing zones, and economic zones;

b) Receiving applications for eco-industrial park certification, soliciting opinions from relevant ministries and sectors, preparing reports on compliance with criteria as prescribed, and submitting them to the People's Committee of the province for consideration and issuance of Eco-Industrial Park Certificates;

c) Implementing procedures for soliciting opinions from relevant agencies, reviewing, and certifying eco-enterprises.

4. The Management Board performs tasks and powers concerning construction management as delegated and authorized according to point b, clause 3, Article 63 of Decree No. 82/2018/NĐ-CP, including:

a) Reviewing projects and designs, construction budgets within the authority of specialized construction management departments for projects and works within industrial zones, export processing zones, and economic zones;

b) Issuing, adjusting, extending, reissuing, and revoking Construction Permits for construction works within industrial zones, export processing zones, and economic zones that require such permits;

c) Performing construction quality management tasks for projects within industrial zones, export processing zones, and economic zones.

5. The Management Board performs tasks and powers concerning planning management as assigned and authorized according to point b, clause 3, Article 63, and point a, clause 1, Article 64 of Decree No. 82/2018/NĐ-CP, including:

a) Preparing and reporting to the People's Committee of the province for submission to the Prime Minister for decision within his authority on the general planning for economic zones;

b) Adjusting approved construction planning for industrial zones, export processing zones, and functional areas within economic zones without changing the planning structure as prescribed by construction laws;

c) Approving tasks and detailed construction planning projects for projects within industrial zones, export processing zones, and functional areas within economic zones required to prepare detailed construction planning according to construction laws.

6. The Management Board shall perform the tasks and powers regarding labor management delegated and authorized as stipulated in point c, Clause 3, Article 63 of Decree No. 82/2018/NĐ-CP, including:

a) Issuing, reissuing Labor Permits for foreign workers working in industrial zones, export processing zones, and economic zones; confirming foreign workers employed by enterprises in industrial zones, export processing zones, and economic zones who are not required to obtain a Labor Permit;

b) Receiving reports and explanations from enterprises in industrial zones, export processing zones, and economic zones on their demand for foreign workers for positions where Vietnamese workers cannot meet the requirements;

c) Organizing the registration of internal labor regulations, receiving collective labor agreements; receiving registrations of wage scales and labor norms of enterprises in industrial zones, export processing zones, and economic zones;

d) Receiving reports on the termination of employment for multiple workers, leasing of workers, annual training and skill enhancement results of enterprises in industrial zones, export processing zones, and economic zones;

đ) Receiving and processing applications for implementing Internship Labor Contracts of enterprises in industrial zones, export processing zones, and economic zones, activities of sending workers abroad for internship training with a duration under 90 days;

e) Receiving declarations on labor usage, reports on changes in labor conditions; receiving notifications on organizing overtime work from 200 to 300 hours annually by enterprises in industrial zones, export processing zones, and economic zones;

g) Receiving notifications on the location, area, start date of operation, and key personnel of enterprises providing worker leasing services in industrial zones, export processing zones, and economic zones;

h) Inspecting and supervising compliance with labor laws, wages, social insurance for workers, protecting the legitimate rights and interests of workers and employers, ensuring occupational safety and health;

7. The Management Board shall perform the tasks and powers regarding trade management assigned and authorized as stipulated in point c, Clause 2, and point a, Clause 3, Article 63 of Decree No. 82/2018/NĐ-CP, including:

a) Issuing, reissuing, adjusting, extending, revoking Representative Office Establishment Licenses and terminating operations of Representative Offices of foreign organizations and traders located in industrial zones, export processing zones, and economic zones according to the laws on trade;

b) Issuing various Certificates of Origin for goods produced in industrial zones, export processing zones, and economic zones upon delegation from the Ministry of Industry and Trade;

8. The Management Board shall perform the tasks and powers regarding land management assigned as stipulated in point đ, Clause 2, Article 63, point a, Clause 2, and points g, h, Clause 3, Article 64 of Decree No. 82/2018/NĐ-CP, including:

a) Preparing, submitting to competent authorities for approval, and implementing detailed land use planning and plans in economic zones (for the Management Board of economic zones);

b) Implementing tasks related to receiving registrations of rental price frameworks, subleasing prices, and infrastructure fees for industrial zones, export processing zones, and economic zones from investors developing infrastructure in industrial zones, export processing zones, and functional areas within economic zones;

c) Managing and using allocated land and water resources effectively according to their intended purposes and in accordance with the General Planning for Economic Zones, Functional Area Construction Plans, and approved land use plans;

d) Reallocating land with land use fees, reallocating land without land use fees, leasing land, and exercising other land management powers in economic zones as prescribed by the laws on land;

9. The Management Board shall perform the tasks and powers regarding science and technology management as classified and guided in Clause 2, Article 53, and point e, Clause 1, Article 63 of Decree No. 82/2018/NĐ-CP, including:

a) Cooperating with relevant agencies to organize technical appraisals, evaluations, and assessments of technological levels; reviewing technology transfer contracts; inspecting and controlling technology and technology transfers in investment projects, research and development activities, and technology application activities of enterprises;

b) Implementing state management functions regarding science and technology in industrial zones, export processing zones, and economic zones according to guidelines from the Ministry of Science and Technology;

10. The Management Board shall perform other tasks and powers as stipulated in Clause 10, Clause 14, Article 60, Clause 1, Article 61, point a, point b, Clause 1, and point q, Clause 2, Article 63 of Decree No. 82/2018/NĐ-CP and other relevant provisions, including:

a) Drafting and submitting to the provincial People's Committee documents defining the functions, tasks, powers, and organizational structure of the Management Board, proposals for establishing and restructuring the Management Board in accordance with the law;

b) Drafting and submitting to the provincial People's Committee proposals for transforming and developing eco-industrial zones and new models of industrial zones, export processing zones, and economic zones;

c) Drafting and submitting to the provincial People's Committee regulations on coordinating work with specialized agencies under the provincial People's Committee and other relevant agencies to implement assigned tasks and powers through a single-window mechanism or a linked single-window mechanism;

d) Participating in opinions with ministries, sectors, and the provincial People's Committee in drafting legal documents, policies, and plans related to investment and development activities in industrial zones, export processing zones, and economic zones;

đ) Providing information on the development planning of industrial zones, export processing zones, and economic zones, construction planning of industrial zones, export processing zones, and economic zones, rental prices and occupancy rates of industrial zones, export processing zones, and functional areas within economic zones, investment incentives, investment attraction industries and professions, procedures for investing in industrial zones, export processing zones, and economic zones, and other contents as prescribed by law for investors interested in investing in industrial zones, export processing zones, and economic zones and related parties.

e) Other tasks and authorities as prescribed in Decree No. 82/2018/NĐ-CP and relevant laws.

Chapter III
ORGANIZATIONAL STRUCTURE AND STAFFING OF THE MANAGEMENT BOARD

Article 5. Organizational Structure

1. The organizational structure of the Management Board shall be implemented in accordance with Clause 3 of Article 65 of Decree No. 82/2018/NĐ-CP.

2. Leadership of the Management Board

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

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

c) The Deputy Director assists the Director, accountable to the Director and the law for assigned tasks; when the Director is absent, a Deputy Director authorized by the Director shall direct the activities of the Management Board;

d) The appointment, transfer, rotation, commendation, disciplinary action, removal from office, resignation, retirement, and implementation of other policies for the Director and Deputy Directors shall be decided by the Chairman of the Provincial People's Committee in accordance with the law.

3. Specialized Departments

a) Conditions and criteria for establishing specialized departments shall be implemented in accordance with Clause 4 of Article 65 of Decree No. 82/2018/NĐ-CP and relevant laws;

b) Based on staffing and functions of the Management Board, the Provincial People's Committee decides the number of specialized departments under the Management Board and the consolidation or merger of specialized departments in cases where they do not meet the conditions and criteria for establishing specialized departments as prescribed by Decree No. 82/2018/NĐ-CP and relevant laws.

4. Representative Office at Industrial Zones, Export Processing Zones, Economic Zones

a) For industrial zones, export processing zones, economic zones located outside the area where the Management Board is headquartered and requiring local administrative support, the Management Board may establish a representative office at such zones;

b) The representative office performs the following tasks: guiding administrative procedures; providing administrative services; directly handling certain administrative procedures delegated by the Director of the Management Board.

5. Public Service Units

a) The Management Board establishes an autonomous public service unit to provide investment advisory, technical advisory, labor recruitment, investment promotion, production cooperation and linkage support, industrial symbiosis activity connection to form eco-industrial zones, and other support services for investors and related parties within industrial zones, export processing zones, economic zones;

b) The establishment and operation of public service units under the Management Board shall be carried out in accordance with the law on public services.

6. Based on the nature, characteristics, and requirements for state management of industrial zones, export processing zones, economic zones within its jurisdiction, the Director of the Management Board, in coordination with the Director of the Department of Personnel Administration, shall submit to the Provincial People's Committee for decision on the functions, tasks, authorities, and organizational structure of the Management Board, and decisions on the establishment of representative offices and public service units under the Management Board in accordance with the law.

Article 6. Establishment quota

The establishment quota for civil servants and the number of staff working in public service units under the Management Board shall be implemented in accordance with Clause 5 of Article 65 of Decree No. 82/2018/ND-CP and relevant laws.

Chapter IV
IMPLEMENTING PROVISIONS

Article 7. Effective Date

1. This Circular takes effect from February 16, 2021.

2. Circular Joint Circular No. 06/2015/TTLT-BKHĐT-BNV dated September 3, 2015, issued by the Minister of Planning and Investment and the Minister of Home Affairs guiding the functions, tasks, powers, and organizational structure of Industrial Parks, Export Processing Zones, and Economic Zones shall cease to be effective from the date this Circular takes effect.

Article 8. Transitional Provisions

In cases where subordinate organizations and units under the Management Board implement mergers or consolidations resulting in more deputy positions than stipulated in Decree No. 82/2018/ND-CP, the provincial People's Committee and the Management Board shall be responsible for arranging and deploying to reduce the number of deputy positions, ensuring compliance with the provisions of Decree No. 82/2018/ND-CP within two years from the date of implementation of the merger or consolidation.

Article 9. Implementation Organization

1. The Management Board shall take the lead and coordinate with departments, sectors, and competent authorities to perform the following tasks:

a) Annually, review and assess difficulties and obstacles (if any) in implementing the Inter-Ministerial Regulation on Working Procedures between the Management Board and specialized agencies under the provincial People's Committee and other related agencies, report to the provincial People's Committee for amending the Inter-Ministerial Regulation; simultaneously send to the Ministry of Planning and Investment, the Ministry of Home Affairs, and related ministries and sectors to serve as a basis for reviewing and amending relevant regulatory legal documents concerning the functions, tasks, and powers of the Management Board;

b) Timely update regulations related to the functions, tasks, and powers of the Management Board according to legal documents on investment, land, trade, construction, labor, environment, and other legal documents to report to the provincial People's Committee for amending and supplementing legal documents issued by the provincial People's Committee regarding the functions and tasks of the Management Board.

2. During the implementation process, if any issues arise, difficulties, or obstacles occur, the provincial People's Committees and related agencies shall promptly reflect them to the Ministry of Planning and Investment for consideration and resolution within their authority.