Circular No. 13/2008/TT-BCT guiding the implementation of investment support for the construction of industrial cluster infrastructure in the Central Highlands and Northern Midland and Mountainous Region.

CIRCULAR

Guidelines for Implementing Investment Support for the Construction of Industrial Cluster Infrastructure and Small-Scale Industries in the Northwest Region and the Midland and Northern Mountainous Region

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Pursuant to Decree No. 189/2007/NĐ-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the State Budget Law;

Pursuant to Decision No. 25/2008/QĐ-TTg dated February 5, 2008 of the Prime Minister on the issuance of certain mechanisms and policies to support economic and social development in the Northwest Region until 2010;

Pursuant to Decision No. 27/2008/QĐ-TTg dated February 5, 2008 of the Prime Minister on the issuance of certain mechanisms and policies to support economic and social development in the Midland and Northern Mountainous Region until 2010;

After reaching consensus with the Ministry of Planning and Investment, the Ministry of Finance, and the Ministry of Industry and Trade, guidelines for implementing investment support for the construction of industrial cluster infrastructure and small-scale industries are hereby issued as follows:

Part 1. GENERAL PROVISIONS

1. These Circulars guide the implementation of policies supporting investment from the central budget for the construction of industrial cluster infrastructure and small-scale industries (hereinafter referred to as industrial clusters) established by provincial People's Committees in provinces and districts in the Northwest Region and the Midland and Northern Mountainous Region as specified in Decision No. 25/2008/QĐ-TTg dated February 5, 2008 of the Prime Minister on the issuance of certain mechanisms and policies to support economic and social development in the Northwest Region until 2010 and Decision No. 27/2008/QĐ-TTg dated February 5, 2008 of the Prime Minister on the issuance of certain mechanisms and policies to support economic and social development in the Midland and Northern Mountainous Region until 2010 (hereinafter referred to as Decision No. 25/2008/QĐ-TTg and Decision No. 27/2008/QĐ-TTg), including:

a) Provinces in the Northwest Region: Gia Lai, Kon Tum, Dak Lak, Dak Nong, Lam Dong;

b) Provinces in the Midland and Northern Mountainous Region: Lai Chau, Dien Bien, Son La, Hoa Binh, Lao Cai, Yen Bai, Ha Giang, Cao Bang, Bac Kan, Lang Son, Tuyen Quang, Thai Nguyen, Bac Giang, Phu Tho;

c) Western districts of Thanh Hoa Province (including: Quan Hoa, Quan Son, Muong Lat, Ba Thuoc, Lang Chan, Cam Thuy, Ngoc Lac, Thach That, Thuong Xuan, Nhu Xuan, Nhu Thanh) and areas in western districts of Nghe An Province (including: Ky Son, Tuong Duong, Con Cuong, Anh Son, Tan Ky, Que Phong, Quy Chau, Quy Hop, Nghia Dan, Thanh Chuong).

2. Organizations and individuals using central budget support funds must use them for their intended purposes, in accordance with regulations, and be subject to inspection and supervision by competent authorities; they must settle accounts for the funds used according to current regulations.

Part 2. SPECIFIC PROVISIONS

I. CONDITIONS, CONTENT, AND LEVEL OF SUPPORT

1. Industrial cluster infrastructure construction projects in the regions specified in Clause 1, Part I of these Circulars, which are eligible for investment support from the central budget, must meet the following conditions:

a) The industrial cluster is located within the overall planning for industrial development or the planning for industrial cluster development in the region that has been approved by the provincial People's Committee or permitted to be added to the plan during each period;

b) The industrial cluster has a significant impact on attracting investment and developing local industries with potential advantages, thereby transforming the economic structure, promoting economic and social development in the locality, contributing to achieving the goals and tasks set forth in Decision No. 25/2008/QĐ-TTg and Decision No. 27/2008/QĐ-TTg; serving the goal of relocating production facilities causing pollution or interspersed within residential areas to the industrial cluster;

c) The project for constructing the infrastructure of the industrial cluster is invested in by Vietnamese enterprises or organizations;

d) As of the time of submitting the application for investment support, the industrial cluster has received commitments from businesses to lease at least 30% (thirty percent) of the industrial land area of the industrial cluster;

đ) The project for constructing infrastructure works of the industrial cluster has been appraised and approved for investment or granted an Investment Certificate by a competent state authority in accordance with the law.

2. The content of investment support for the construction of industrial cluster infrastructure mainly includes the following items and works:

a) Compensation, resettlement, and land leveling;

b) Internal transportation roads; internal water supply and drainage systems;

c) Centralized wastewater and solid waste treatment facilities.

3. The total amount of investment support for the construction of infrastructure items and works in industrial clusters shall not exceed 6 billion VND per cluster and 70 billion VND for a province up to 2010.

II. PREPARATION OF THE PLAN FOR INVESTMENT SUPPORT FUNDS

a) Ensuring timely support for state management work on labor and employment and meeting requirements for socio-economic development and ensuring national defense and security.

Each year, based on the time frame and tasks for preparing plans for economic and social development and the budget estimate according to the directives of the Prime Minister and guiding documents of the Ministry of Planning and Investment and the Ministry of Finance; based on the content and total level of investment support from the central budget for constructing industrial cluster infrastructure in the locality until 2010 as guided in Clauses 2 and 3 of Item I, Part II of these Circulars, and the implementation of the previous year's plan and the needs for the planned year, the provincial People's Committee prepares a proposal for central budget support for each industrial cluster and sends it to the Ministry of Industry and Trade, the Ministry of Planning and Investment, and the Ministry of Finance for review and consolidation, reporting to the Prime Minister for submission to the National Assembly for decision and allocation of investment capital plan indicators to the provinces.

2. Procedure for preparing the plan

a) Based on the progress and objectives of the project for constructing infrastructure works of the industrial cluster, the investor prepares a plan for investment support and submits it to the Department of Industry and Trade and the Department of Planning and Investment;

b) Based on the objects, conditions, content, and level of investment support for constructing industrial cluster infrastructure as guided in these Circulars, the Department of Industry and Trade examines and compiles the demand for investment support for industrial cluster infrastructure in the locality and sends it to the Department of Planning and Investment for inclusion in the general investment development plan of the locality, reporting to the provincial People's Committee to send to the Ministry of Planning and Investment and the Ministry of Finance as prescribed; simultaneously sending to the Ministry of Industry and Trade for review.

c) The Ministry of Industry and Trade shall take the lead and coordinate with the Ministry of Planning and Investment, the Ministry of Finance, and relevant ministries and sectors to examine the conditions, contents, and levels of investment support proposed for each industrial cluster. The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Industry and Trade and the Ministry of Finance to compile the investment support plan for infrastructure in industrial clusters from the central budget for provinces in accordance with current regulations, and report to the Prime Minister for submission to the National Assembly for decision on allocating investment support targets to the provinces.

3. The application dossier for investment capital support for each industrial cluster includes:

a) A memorandum from the provincial People's Committee;

b) A certified true copy of the Decision of the provincial People's Committee approving the overall planning for industrial development or the planning for industrial cluster development within its jurisdiction;

c) A certified true copy of the Decision approving the detailed construction planning for industrial clusters along with the detailed construction planning project;

d) The Decision approving the investment project for constructing infrastructure in industrial clusters or the Investment Certificate, accompanied by the investment project for constructing infrastructure in industrial clusters;

The dossier shall be prepared in three sets and sent to: The Ministry of Industry and Trade (one set), the Ministry of Planning and Investment (one set), and the Ministry of Finance (one set).

Part 3. IMPLEMENTATION

1. The Chairman of the provincial People's Committee shall be responsible for directing and supervising the implementation, delegating management of the implementation of projects for constructing infrastructure in industrial clusters, and shall be accountable to the Prime Minister regarding the purpose, results, and effectiveness of the use of investment support funds from the central budget.

The Department of Industry and Trade shall assist the provincial People's Committee in managing industrial clusters within its jurisdiction, taking the lead and coordinating with relevant departments and sectors to organize the examination of investment capital support applications from project investors; coordinating with the Department of Planning and Investment and the Department of Finance to prepare the application dossier for requesting investment capital support from the central budget for each industrial cluster in accordance with current regulations.

2. Annually, the Ministry of Industry and Trade shall take the lead and coordinate with relevant ministries, sectors, and localities to compile and evaluate the implementation and effectiveness of investment support from the central budget for projects constructing infrastructure in industrial clusters, and report to the Prime Minister.

The Local Industry Bureau shall assist the Minister of Industry and Trade in managing county-level industrial clusters nationwide, responsible for coordinating with relevant ministries, sectors, and localities to organize guidance, examination, and monitoring and evaluation of the effectiveness of investment support for industrial clusters and small-scale industries in accordance with this Circular.

3. This Circular shall take effect fifteen days from the date of publication in the Official Gazette. Any difficulties encountered during implementation should be reported by relevant units to the Ministry of Industry and Trade for appropriate amendments and supplements.