Circular No. 28/2020/TT-BCT stipulates and guides the implementation of certain contents of Government Decree No. 68/2017/NĐ-CP dated May 25, 2017 on management and development of industrial clusters and Government Decree No. 66/2020/NĐ-CP dated June 11, 2020 amending and supplementing some articles of Government Decree No. 68/2017/NĐ-CP dated May 25, 2017 on management and development of industrial clusters.

CIRCULAR

REGULATIONS AND GUIDELINES FOR IMPLEMENTING CERTAIN CONTENTS OF DECREE NO. 68/2017/ND-CP OF THE GOVERNMENT ON MANAGEMENT AND DEVELOPMENT OF INDUSTRIAL CLUSTERS ISSUED ON MAY 25, 2017 AND DECREE NO. 66/2020/ND-CP OF THE GOVERNMENT AMENDING AND COMPLEMENTING CERTAIN PROVISIONS OF DECREE NO. 68/2017/ND-CP OF THE GOVERNMENT ON MANAGEMENT AND DEVELOPMENT OF INDUSTRIAL CLUSTERS ISSUED ON JUNE 11, 2020

Pursuant to Decree No. 98/2017/NĐ-CP dated August 18, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

BASED ON DECREE NO. 68/2017/ND-CP OF THE GOVERNMENT ON MANAGEMENT AND DEVELOPMENT OF INDUSTRIAL CLUSTERS ISSUED ON MAY 25, 2017

BASED ON DECREE NO. 66/2020/ND-CP OF THE GOVERNMENT AMENDING AND COMPLEMENTING CERTAIN PROVISIONS OF DECREE NO. 68/2017/ND-CP OF THE GOVERNMENT ON MANAGEMENT AND DEVELOPMENT OF INDUSTRIAL CLUSTERS ISSUED ON JUNE 11, 2020

PURSUANT TO THE PROPOSAL OF THE DIRECTOR OF THE LOCAL INDUSTRY DEPARTMENT

THE MINISTER OF INDUSTRY AND TRADE ISSUES THIS CIRCULAR TO REGULATE AND GUIDE THE IMPLEMENTATION OF CERTAIN CONTENTS OF DECREE NO. 68/2017/ND-CP OF THE GOVERNMENT ON MANAGEMENT AND DEVELOPMENT OF INDUSTRIAL CLUSTERS ISSUED ON MAY 25, 2017 AND DECREE NO. 66/2020/ND-CP OF THE GOVERNMENT AMENDING AND COMPLEMENTING CERTAIN PROVISIONS OF DECREE NO. 68/2017/ND-CP OF THE GOVERNMENT ON MANAGEMENT AND DEVELOPMENT OF INDUSTRIAL CLUSTERS ISSUED ON JUNE 11, 2020

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

THIS CIRCULAR REGULATES AND GUIDES THE IMPLEMENTATION OF SMALL AND FREQUENT CHANGES IN INDUSTRIAL CLUSTERS; SELECTION OF ENTERPRISES AND COOPERATIVES AS PRINCIPAL INVESTORS IN INFRASTRUCTURE OF INDUSTRIAL CLUSTERS; DETAILED URBAN PLANNING OF INDUSTRIAL CLUSTERS; PROJECTS FOR INVESTMENT IN INFRASTRUCTURE OF INDUSTRIAL CLUSTERS; ACTIVITIES FOR DEVELOPING INDUSTRIAL CLUSTERS; REPORTING SYSTEMS, DATABASES, AND SAMPLE DOCUMENTS AND MANAGEMENT REGULATIONS FOR INDUSTRIAL CLUSTERS AS PROVIDED IN DECREE NO. 68/2017/ND-CP OF THE GOVERNMENT ON MANAGEMENT AND DEVELOPMENT OF INDUSTRIAL CLUSTERS ISSUED ON MAY 25, 2017 AND DECREE NO. 66/2020/ND-CP OF THE GOVERNMENT AMENDING AND COMPLEMENTING CERTAIN PROVISIONS OF DECREE NO. 68/2017/ND-CP OF THE GOVERNMENT ON MANAGEMENT AND DEVELOPMENT OF INDUSTRIAL CLUSTERS ISSUED ON JUNE 11, 2020

Article 2. Applicability

1. ENTERPRISES, COOPERATIVES, AND UNITS INVESTING IN INFRASTRUCTURE OF INDUSTRIAL CLUSTERS.

2. ORGANIZATIONS AND INDIVIDUALS ENGAGED IN PRODUCTION AND BUSINESS IN INDUSTRIAL CLUSTERS.

3. OTHER AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS RELATED TO THE MANAGEMENT AND OPERATIONS OF INDUSTRIAL CLUSTERS.

Chapter II

SPECIFIC PROVISIONS

PART 1. ADJUSTMENTS TO THE DEVELOPMENT PLAN OF INDUSTRIAL CLUSTERS

ARTICLE 3. SMALL AND FREQUENT CHANGES IN INDUSTRIAL CLUSTERS

1. SMALL AND FREQUENT CHANGES IN INDUSTRIAL CLUSTERS INCLUDE CHANGES IN NAME, LOCATION WITHIN THE BOUNDARIES OF A DISTRICT, AREA CHANGES THAT ARE CONSISTENT WITH THE LAND USE PLANS AT THE DISTRICT LEVEL, INDUSTRIES OPERATING, INFRASTRUCTURE DEVELOPMENT TIMETABLES, AND OTHER CONTENTS BUT DO NOT ALTER THE OBJECTIVE, ESSENCE, OR INCREASE THE AREA OF LAND USED IN THE DEVELOPMENT PLAN OF THE INDUSTRIAL CLUSTER APPROVED IN THE PROVINCE’S PLAN OR THE LAND ALLOCATED FOR DEVELOPING INDUSTRIAL CLUSTERS APPROVED BY THE AUTHORIZED BODY.

2. BASED ON THE PROPOSAL DOCUMENT FROM THE PROVINCIAL PEOPLE'S COMMITTEE, THE PROVINCIAL PEOPLE'S COMMITTEE SHALL DIRECT THE INDUSTRY AND TRADE DEPARTMENT TO LEAD AND COORDINATE WITH RELEVANT DEPARTMENTS AND UNITS TO REVIEW THE NECESSITY AND BASIS FOR THE PROPOSALS REGARDING SMALL AND FREQUENT CHANGES IN INDUSTRIAL CLUSTERS, AS WELL AS THEIR IMPACTS ON THE PROVINCE’S PLAN. THEY SHALL REPORT TO THE PROVINCIAL PEOPLE'S COMMITTEE TO ISSUE A DOCUMENT REQUESTING THE MINISTRY OF INDUSTRY AND TRADE TO CONCUR. IN CASES OF CHANGES IN THE AREA OF AN INDUSTRIAL CLUSTER, THE MINISTRY OF INDUSTRY AND TRADE SHALL SEEK THE OPINIONS OF RELEVANT MINISTRIES AND AUTHORITIES TO REVIEW AND HANDLE.

BASED ON THE CONCURRENCE DOCUMENT FROM THE MINISTRY OF INDUSTRY AND TRADE, THE PROVINCIAL PEOPLE'S COMMITTEE SHALL DIRECT THE IMPLEMENTATION OF SMALL AND FREQUENT CHANGES IN INDUSTRIAL CLUSTERS, AND SIMULTANEOUSLY UPDATE AND REFLECT THESE CHANGES IN THE PROVINCE’S PLAN TO REPORT TO THE PRIME MINISTER AT THE TIME OF ESTABLISHING OR REVISING THE PROVINCE’S PLAN.

Section 2. INVESTMENT IN BUILDING TECHNICAL INFRASTRUCTURE FOR INDUSTRIAL ZONES

Article 4. Selection of Enterprises and Cooperatives as Main Investors for Building Technical Infrastructure for Industrial Zones

1. Receiving and selecting enterprises and cooperatives to be main investors for building technical infrastructure for industrial zones within the area:

a) Immediately upon receiving the document proposing to be the main investor for building technical infrastructure for industrial zones from enterprises and cooperatives, the People's Committee at the district level shall announce the receipt and the time for establishing and expanding the industrial zone on local mass media;

b) The decision on establishing and expanding the industrial zone (including the content assigning enterprises and cooperatives as main investors for building technical infrastructure for industrial zones) shall be announced on local mass media immediately after being signed and issued by the People's Committee at the provincial level.

2. Selecting enterprises and cooperatives as main investors for building technical infrastructure for industrial zones is part of the review process for establishing and expanding industrial zones. The time for selecting the main investor for building technical infrastructure falls within the time frame for reviewing the establishment and expansion of industrial zones.

3. The Evaluation Board for Selecting Main Investors (hereinafter referred to as the Board):

a) During the review process of the establishment and expansion of industrial zones, the Department of Industry and Trade reports to the People's Committee at the provincial level to decide on forming the Board consisting of: The Chairman of the Board is the Leader of the People's Committee at the provincial level, the Vice-Chairman of the Board is the Leader of the Department of Industry and Trade, the Secretary of the Board is a representative from the specialized management department of the Department of Industry and Trade, members of the Board are representatives from the Departments of Planning and Investment, Natural Resources and Environment, Construction, Finance, and other relevant agencies and units (if necessary);

b) The Board conducts the evaluation and selection of main investors for building technical infrastructure for industrial zones when at least two-thirds of the members participate, following a scoring method with a scale of 100 points for each criterion: investment plan for building technical infrastructure (maximum 15 points), management and environmental protection plan for industrial zones (maximum 15 points), enterprise and cooperative capacity and experience (maximum 30 points), and financial investment plan for building technical infrastructure (maximum 40 points). Based on the actual conditions of the locality, the Department of Industry and Trade reports to the Board to unify the principles and working methods of the Board, the contents of each criterion, and the corresponding scores for those contents to be appropriate;

c) The score for evaluating and selecting main investors for building technical infrastructure for industrial zones is decided by the Board, documented in writing, signed by the Chairman of the Board (or the Vice-Chairman if authorized by the Chairman), the Secretary of the Board, and participating Board members;

Enterprises and cooperatives with a score of 50 or higher will be considered and assigned as main investors for building technical infrastructure for industrial zones. In cases where two or more enterprises and cooperatives propose to be main investors for building technical infrastructure, the enterprise or cooperative with the highest score will be selected; if two or more enterprises and cooperatives have the same score, the Board will unify to propose the selection of one enterprise or cooperative as the main investor for building technical infrastructure for industrial zones.

d) The Board is responsible to the People's Committee at the provincial level for the results of evaluating and selecting main investors for building technical infrastructure for industrial zones.

4. Tasks of the Department of Industry and Trade:

a) Lead the review of documents for establishing and expanding industrial zones as stipulated in Articles 10, 11, 12, 13, and 14 of Decree No. 68/2017/NĐ-CP;

b) Complete and send draft reports on the review of establishing and expanding industrial zones, copies of the documents proposing to establish and expand industrial zones, proposed contents of each criterion and corresponding scores, and related documents to Board members before the meeting date;

c) Prepare necessary conditions for the Board to convene meetings, score, and implement conclusions of the Board;

d) Complete relevant documents to report to the People's Committee at the provincial level to decide on establishing and expanding industrial zones (including the content assigning enterprises and cooperatives as main investors for building technical infrastructure for industrial zones);

đ) Perform other related tasks.

Article 5. Detailed planning for industrial clusters construction

1. The establishment, examination, and approval of detailed planning for industrial clusters' construction shall be carried out in accordance with the detailed planning regulations for functional zones under the Construction Law; Decree No. 44/2015/ND-CP dated May 6, 2015 of the Government detailing certain provisions on construction planning; Decree No. 72/2019/ND-CP dated August 30, 2019 of the Government amending and supplementing several articles of Decree No. 37/2010/ND-CP dated April 7, 2010 on the establishment, examination, approval, and management of urban planning and Decree No. 44/2015/ND-CP dated May 6, 2015 detailing certain provisions on construction planning and other relevant laws.

2. The determination and management of costs for detailed planning for industrial clusters' construction shall be implemented according to Circular No. 20/2019/TT-BXD dated December 31, 2019 of the Minister of Construction guiding the determination and management of costs for construction planning and urban planning.

3. The selection of consulting units for the establishment of detailed planning for construction shall be carried out in accordance with the provisions of the bidding law, construction law, and other relevant laws.

Article 6. Investment projects for technical infrastructure construction in industrial clusters

1. Investment projects for technical infrastructure construction in industrial clusters do not need to go through the investment decision-making procedure as stipulated in Clause 1, Article 18 of Decree No. 68/2017/ND-CP.

2. The contents, procedures for establishing, examining, approving, and managing investment projects for technical infrastructure construction in industrial clusters shall be implemented in accordance with the provisions of Decree No. 59/2015/ND-CP dated June 18, 2015 of the Government on project management for investment construction and Decree No. 42/2017/ND-CP dated April 5, 2017 of the Government amending and supplementing certain articles of Decree No. 59/2015/ND-CP and other relevant laws.

3. When establishing an investment project for construction works, the investor shall simultaneously establish an environmental impact assessment report for the project. The contents, procedures for establishing, examining, and approving the environmental impact assessment report for the project shall be carried out in accordance with the provisions of Decree No. 18/2015/ND-CP dated February 14, 2015 of the Government on environmental protection planning, strategic environmental assessment, environmental impact assessment, and environmental protection plans; Decree No. 40/2019/ND-CP dated May 13, 2019 of the Government amending and supplementing certain articles of decrees detailing and guiding the implementation of the Environmental Protection Law and other relevant laws.

Article 7. Tasks of the unit entrusted to act as the investor for technical infrastructure construction in industrial clusters as prescribed in Clause 2, Article 15 of Decree No. 68/2017/ND-CP

1. Participate in building and adjusting development schemes for industrial clusters, prepare investment reports for establishing and expanding industrial clusters; organize the establishment and management of detailed planning for construction in industrial clusters.

2. Organize the implementation, management, and ensure the progress of investment and construction of technical infrastructure in industrial clusters; propose competent authorities to decide on funding mobilization schemes for technical infrastructure construction in accordance with regulations.

3. Manage, operate, maintain, and ensure the continuous operation of the common infrastructure system in industrial clusters and organize the provision of services and conveniences within industrial clusters in accordance with the law.

4. Promote investment, guide procedures for implementing investment projects and relocating production facilities into industrial clusters; support and create favorable conditions for organizations and individuals engaged in production and business activities within industrial clusters.

5. Perform other tasks assigned by competent authorities and as stipulated by law.

Article 8. Industrial Cluster Development Activities

The industrial cluster development activities prescribed in Article 30 of Decree No. 68/2017/ND-CP shall be implemented through proposals for the content of industrial cluster development activities and annual budget estimates approved annually:

1. The Local Industry and Trade Department shall take the lead and coordinate with units under the Ministry of Industry and Trade and relevant functional units to propose the Ministry of Industry and Trade to approve the contents, annual budget estimates, and organize the implementation of annual industrial cluster development activities as stipulated in Clause 1 of Article 30 of Decree No. 68/2017/ND-CP after approval.

2. The Department of Industry and Trade shall take the lead and coordinate with provincial departments and relevant functional units to propose competent authorities to approve the contents, annual budget estimates, and organize the implementation of annual industrial cluster development activities within the province as stipulated in Clause 2 of Article 30 of Decree No. 68/2017/ND-CP after approval.

3. The specialized department managing industry and trade under the People's Committee of the district shall take the lead and coordinate with units under the People's Committee of the district and relevant functional units to propose competent authorities to approve the contents, annual budget estimates, and organize the implementation of annual industrial cluster development activities within the district as stipulated in Clause 2 of Article 30 of Decree No. 68/2017/ND-CP after approval.

Section 3. REPORTING REGIME, SAMPLE DOCUMENTS, MANAGEMENT REGULATIONS ON INDUSTRIAL CLUSTERS

Article 9. Reporting Regime on Industrial Clusters

1. Reporting Subjects:

a) The Local Industry and Trade Department;

b) The Department of Industry and Trade;

c) The specialized department managing industry and trade under the People's Committee of the district; District Statistical Office;

d) The investor constructing technical infrastructure for industrial clusters;

e) Organizations and individuals engaged in production and business within industrial clusters.

2. Time for Finalizing Data for Periodic Reports

a) The time for finalizing data for the mid-year report (beginning of the year) is from December 15 of the previous reporting period to June 14 of the current reporting period;

b) The time for finalizing data for the annual periodic report is from December 15 of the previous reporting period to December 14 of the current reporting period.

3. Periodic Reporting Regime:

a) Before June 20 and December 20 each year, organizations and individuals engaged in production and business within industrial clusters shall report their production and business situation for six months and the whole year according to Form 1.1 of Appendix I of this Circular, to be submitted to the District Statistical Office and copied to the specialized department managing industry and trade under the People's Committee of the district;

b) Before June 20 and December 20 each year, investors shall report the operation status of investment projects for constructing technical infrastructure for industrial clusters for six months and the whole year according to Form 1.2 of Appendix I of this Circular, to be submitted to the District Statistical Office and copied to the specialized department managing industry and trade under the People's Committee of the district and the Department of Industry and Trade;

c) Before June 25 and December 25 each year, the specialized department managing industry and trade under the People's Committee of the district shall report the investment and construction of technical infrastructure and production and business situations at industrial clusters within its jurisdiction for six months and the whole year according to Form 1.3 of Appendix I of this Circular, to be submitted to the Department of Industry and Trade, the People's Committee of the district;

d) Before June 30 and December 31 each year, the Department of Industry and Trade shall report the investment and construction of technical infrastructure and production and business situations at industrial clusters within its jurisdiction for six months and the whole year according to Form 1.4 of Appendix I of this Circular, to be submitted to the Provincial People's Committee and the Local Industry and Trade Department;

e) Before March 31 of the following year, the Local Industry and Trade Department shall compile and report to the Ministry of Industry and Trade the investment and construction of technical infrastructure and production and business situations at industrial clusters nationwide.

4. The subjects implementing the periodic reporting regime shall do so in writing, via an electronic mail system, or by updating data into the Industrial Cluster Database (for the Local Industry and Trade Department, the Department of Industry and Trade, and the specialized department managing industry and trade under the People's Committee of the district). In addition, the subjects shall submit ad hoc reports as required by competent state agencies.

Article 10. Construction, management, and operation of the Industrial Cluster Database

1. The Local Industry and Trade Department shall organize the construction, management, and operation of the national Industrial Cluster Database; guide the Provincial Industry and Trade Departments to update data into the national Industrial Cluster Database.

2. The Provincial Industry and Trade Department shall organize the construction, management, and operation of the Industrial Cluster Database within their province; guide the specialized departments under the People's Committee of the district to update data into the provincial Industrial Cluster Database; have the responsibility to timely, fully, and accurately update industrial cluster data within their jurisdiction into the national Industrial Cluster Database.

3. The specialized departments under the People's Committee of the district shall be responsible for timely, fully, and accurately updating industrial cluster data within their jurisdiction into the provincial Industrial Cluster Database.

Article 11. Templates of Management Documents for Industrial Clusters

The templates of management documents for industrial clusters attached as Appendix II of this Circular are provided for localities to apply according to actual conditions.

Chapter III

IMPLEMENTATION

Article 12. Responsibilities of the Local Industry and Trade Department

1. The Local Industry and Trade Department is the lead agency assisting the Minister of Industry and Trade in managing industrial clusters nationwide as stipulated in Decree No. 68/2017/ND-CP and Decree No. 66/2020/ND-CP.

2. Provide opinions on the suitability and compliance with the contents and regulations regarding the development plans of industrial clusters proposed by localities; minor and frequent changes to industrial clusters during the implementation of the development plans.

3. Take the lead in developing annual activities for industrial cluster development, budget estimates, and organizing their implementation as prescribed.

4. Guide and resolve issues arising during the implementation of this Circular.

Article 13. Responsibilities of the People's Committee at the provincial level

1. Exercise the powers and responsibilities for managing industrial clusters as stipulated in Article 42 of Decree No. 68/2017/ND-CP, amended and supplemented in Clause 11 of Article 1 of Decree No. 66/2020/ND-CP.

2. Direct all departments and units within its jurisdiction to closely cooperate and create favorable conditions for the Provincial Industry and Trade Departments and the People's Committees of districts to fully exercise their powers and responsibilities for managing industrial clusters as stipulated in Articles 43 and 44 of Decree No. 68/2017/ND-CP and Articles 14 and 15 of this Circular.

Article 14. Responsibilities of the Provincial Industry and Trade Department

1. Exercise the powers and responsibilities for managing industrial clusters as stipulated in Article 43 of Decree No. 68/2017/ND-CP.

2. Serve as the lead agency assisting the Provincial People's Committee in managing industrial clusters within their jurisdiction as stipulated in Article 42 of Decree No. 68/2017/ND-CP, amended and supplemented in Clause 11 of Article 1 of Decree No. 66/2020/ND-CP; develop and implement plans to execute development schemes for industrial clusters within the provincial planning after approval by competent authorities; take the lead and coordinate with relevant departments to review applications for establishing and expanding industrial clusters; participate in reviewing detailed construction plans, investment projects, and environmental impact assessments for industrial clusters; take the lead and coordinate in reviewing investment proposals for production and business activities within industrial clusters according to the division of authority of the Provincial People's Committee.

3. Develop and submit to the Provincial People's Committee for issuance of management regulations for industrial clusters; handle procedures for investment deployment through a single window mechanism for:

a) Infrastructure construction projects in industrial clusters (including: issuing investment registration certificates, land recovery, land leasing, approving detailed plans, approving public investment projects, approving environmental impact assessment reports, approving fire prevention and control plans);

b) Production and business investment projects within industrial clusters (including: deciding on investment policies, issuing investment registration certificates, land recovery, land leasing, issuing construction permits, approving fire prevention and control plans, confirming environmental protection plans or approving environmental impact assessment reports).

4. Take the lead in developing annual activities for industrial cluster development, budget estimates, and organizing their implementation within the province as prescribed.

Article 15. Responsibilities of the Department specialized in managing industry and trade under the People's Committee at the district level

1. The Department specialized in managing industry and trade under the People's Committee at the district level is the leading unit assisting the People's Committee at the district level in managing industrial clusters within its jurisdiction in accordance with Article 44 of Decree No. 68/2017/NĐ-CP.

2. Take the lead in developing contents of activities for the development of industrial clusters, annual budget estimates, and organizing their implementation within the district in accordance with regulations.

Article 16. Effective Date

1. This Circular takes effect from December 31, 2020.

2. This Circular replaces Circular No. 15/2017/TT-BCT dated August 31, 2017, issued by the Minister of Industry and Trade, guiding the implementation of certain provisions of Decree No. 68/2017/NĐ-CP dated May 25, 2017, of the Government on management and development of industrial clusters.

3. In cases where the regulatory legal documents cited in this Circular are replaced, amended, or supplemented, the new provisions shall apply./.