Joint Circular No. 31/2012/TTLT-BCT-BKHĐT guiding the handling of industrial clusters formed before the Industrial Cluster Management Regulation attached to Decision No. 05/2009/QĐ-TTG dated August 19, 2009 by the Government comes into effect.

 

JOINT CIRCULAR

Guidelines for handling industrial clusters formed before the issuance of the Industrial Cluster Management Regulation accompanying Decision No. 105/2009/QĐ-TTg dated August 19, 2009 of the Prime Minister taking effectof the Prime Minister takes effect

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Camend/NĐ-CP dated April 6, 2011 of the Government detailing and guiding the implementation of certain provisions of the Law on Telecommunications; Decree No. 81/2016/NĐ-CP dated July 1, 2016 amending and supplementing some articles of Decree No. 25/2011 189/2007/ND-CP dated July monthg 127, 2007Deputy ministers of ministerial-level agencies,of the Government stipulating functions and tasksamendThis Circular provides detailed regulations on Article 33 of the Chemical Law dated November 21, 2007 relating to the use of chemicals for conducting experiments and scientific research (hereinafter referred to as the Chemical Law), including:on2. Applicability.to đ) Circular No. 04/2017/TT-BKHĐT dated November 15, 2017 of the Minister of Planning and Investment detailing the selection of contractors through the National Procurement Network System.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsu t, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP 1. This Circular hereby promulgates 18 Technical Inspection Procedures for machinery, equipment, and materials with strict requirements for labor safety under the management authority of the Ministry of Industry and Trade (Technical Inspection Procedures). The names and codes of the Technical Inspection Procedures are listed in the Appendix to this Circular.

Pursuant to DecreeNo. 44/2011/NĐ-CP dated 1June 4, 2007the Minister of Transport issues this Circular amending and supplementing some articles of Circular No. 6/2016/TT-BGTVT dated March 13, 2016 of the Minister of Transport regulating the maximum service charge for using roads in road construction projects for business purposes under the management of the Ministry of Transport: 2011 specialized agency under the People's Committee of the province/city.Deputy ministers of ministerial-level agencies,the Government amended Article 3 of Decree No. 189/2007/ND-CP dated December 21, 2007 of the Government stipulating functions, tasks, organizational structure, planning, and investment;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPm, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP supplemented 3. Amend Clause 3 Article 2 as follows:Article 3 of Decree No. 189/2007/ND-CP dated December 21, 2007 of the Government stipulates functions, tasks, organizational structure, planning, and investment3. Amend Clause 3 Article 2 as follows:-onThe Director of the Office, Heads of Payment Department, Heads of units under the State Bank of Vietnam; credit institutions, foreign bank branches, payment switching organizations, electronic transaction settlement organizations are responsible for implementing this Circular.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsu organization This Circular applies to temporary detention centers, pretrial detention centers, prisons, compulsory educational facilities, and rehabilitation schools managed by the Ministry of Public Security and the Ministry of National Defense; state medical examination and treatment facilities from the district level to the central level and equivalent.- Agencies under the Ministry of Industry and Trade; 2. Individuals holding managerial or executive positions in private enterprises, limited liability companies, joint-stock companies, or partnerships are enterprise managers as defined in Clause 24, Article 4 of the Enterprise Law.

CamendPursuant to Decree No. 164Decree No. 149/2016/NĐ-CP dated November 11, 2016 amending and supplementing Decree No. 177/2013/NĐ-CP dated November 14, 2013 of the Government detailing and guiding the implementation of some provisions of the Law on Prices;||| This Circular guides competition and reward work in the Planning and Investment sector including: Objectives, scope, principles, criteria for rewards; forms, contents of organizing competitive movements; decision-making and award-granting authority; procedures for proposing and examining rewards; authority to establish, tasks, and powers of the Competition and Reward Council; the Council of Inventions at all levels; competition and reward funds and handling violations related to competition and reward.dated April 9, 2018 ondatedJanuary4 tháng Pursuant to the Government's Decision No. 10 2008 of This Circular stipulates technical regulations for the operation of automatic meteorological and hydrological stations. Automatic meteorological and hydrological stations include stations for meteorology, hydrology, rainfall measurement, radiation, marine hydrology, and air environment.onand usage organization of the Ministry of Planning and Investmentpolicies planning and 3. Amend Clause 3 Article 2 as follows:investment;

Camend34/2018/Qand amended and supplemented by certain articles related to conditions for investment and business and administrative procedures in the field of information and communications on November 7, 201805/2009/2009/QD-TTg dated 19thJune 2024;August 2009 of the Primeconcerning the classification and determination of state management authority in the field of crop productionMinister"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Foreign experts eligible for the exemption of personal income tax must meet the following conditions: lregarding industrial clusters;

Implementing Directive No. 07/CT-TTg dated March 2, 2007 of the Prime Minister on improving management work and efficiency of industrial parks, export processing zones, and industrial clusters;No. 7/2007/CT-TMinister dated March 2, 2007June 2024;; 2012 of the Prime Minister onon improving management work and efficiencyof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsof industrial parks, export processing zones, andg industrial clustersn l Industrial clusters formed before this Regulation takes effect include:organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular. 1. Industrial clusters that have been approved by competent authorities for investment projects, construction, and infrastructure development before October 5, 2009;g 2. Industrial clusters that have had detailed construction planning approved before October 5, 2009 but have not yet been approved by competent authorities for investment projects to develop infrastructure;i- social development in ethnic minority and mountainous areasế, | 3. Industrial clusters not covered by Clauses 1 and 2 of this Article but located within local industrial cluster development plans or local industrial development plans, with investment projects in the industrial clusters initiated before October 5, 2009.;

Joint Circular of the Ministry of Industry and Trade and the Ministry of Planning and Investment guiding the handling of industrial clusters formed before the issuance of the Industrial Cluster Management Regulationpolicies 13 ||| Investmentto Investment guiding accompanying Decision No. 105/2009/QĐ-TTg dated August 19, 2009 of the Prime Minister taking effect.policies This Circular guides the handling of industrial clusters formed before the issuance of the Industrial Cluster Management Regulation (hereinafter referred to as the Regulation) accompanying Decision No. 105/2009/QĐ-TTg dated August 19, 2009 of the Prime Minister taking effect. organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.In cases where industrial clusters have been decided by provincial People's Committees to be converted according to the guidelines set out in Clauses 1, 2, and 3 of Article 13 of Circular No. 39/2009/TT-BCT dated December 28, 2009 of the Ministry of Industry and Trade on implementing certain provisions of the Industrial Cluster Management Regulation and have established decisions, they shall not need to undergo handling again under this Circular. NUMBER 11. Enterprises, organizations, and individuals investing in construction and operation of infrastructure for industrial clusters and production, business, and services within industrial clusters.3. Amend Clause 3 Article 2 as follows:- TT2. State administrative agencies and other organizations related to the management and operation of industrial clusters. organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.hJune 2024;Article 8the Minister of Transport issues this Circular amending and supplementing some articles of Circular No. 6/2016/TT-BGTVT dated March 13, 2016 of the Minister of Transport regulating the maximum service charge for using roads in road construction projects for business purposes under the management of the Ministry of Transport: Article 3. Determination of industrial clusters formed before the Regulation takes effectDeputy ministers of ministerial-level agencies,of the Prime MinisterớIndustrial clusters formed before the Regulation takes effect include: l1. Industrial clusters that have been approved by competent authorities for project approval, construction investment, and infrastructure development prior to October 5, 2009;

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

2. Industrial clusters that have been approved for detailed construction planning prior to October 5, 2009 but have not yet been approved by competent authorities for construction investment projects for infrastructure development;

3. Industrial clusters not covered by Clauses 1 and 2 of this Article but located within local industrial cluster development plans or local industrial development plans, with investment projects in industrial clusters prior to October 5, 2009.

Article 2. Applicability

Article 4. Compilation of list of industrial clusters formed before the Regulation takes effect

Based on the provisions of Article 3 of this Circular, the Department of Industry and Trade shall take the lead and coordinate with relevant departments, sectors, and district People's Committees to review and compile a List of industrial clusters formed before the Regulation takes effect, submit it to the provincial People's Committee for approval and consideration for handling or proposing measures for handling according to the options specified in Article 5 of this Circular.

Chapter II

SPECIFIC PROVISIONS

The List of industrial clusters formed before the Regulation takes effect shall be compiled according to Model 1 and Model 2 attached to this Circular and submitted to the Ministry of Industry and Trade and the Ministry of Planning and Investment for monitoring.

Article 4. Establishing a list of industrial clusters formed before the Regulation takes effect

Based on the provisions of Article 3 of this Circular, the Department of Industry and Trade shall take the lead and coordinate with relevant departments, ministries, and district People's Committees to review and establish a list of industrial clusters formed before the Regulation takes effect, submit it to the provincial People's Committee for approval, and consider or propose measures for handling according to the options specified in Article 5 of this Circular.

The list of industrial clusters formed before the Regulation takes effect shall be established according to the model attached as Appendix 1 and Appendix 2 to this Circular and submitted to the Ministry of Industry and Trade and the Ministry of Planning and Investment for monitoring.

3. Industrial clusters not falling under the provisions of Clauses 1 and 2 of this Article but located within the Industrial Cluster Development Plan or the Local Industrial Development Plan, which have had investment projects in the industrial cluster prior to October 5, 2009.

Article 4. Establishing a list of industrial clusters formed before the Regulation takes effect

Based on the provisions of Article 3 of this Circular, the Department of Industry and Trade shall take the lead and coordinate with relevant departments, sectors, and People's Committees at the district level to review and establish a List of industrial clusters formed before the Regulation takes effect, submit it for approval by the People's Committee at the provincial level, and consider, handle, or propose measures for handling according to the options stipulated in Article 5 of this Circular.

The List of industrial clusters formed before the Regulation takes effect shall be established according to the model set forth in Appendix 1 and Appendix 2 attached hereto and shall be submitted to the Ministry of Industry and Trade and the Ministry of Planning and Investment for monitoring.

Article 5. Plan for Handling Industrial Clusters Formed Before the Regulation Takes Effect

1. For industrial clusters with an area larger than 75 (seventy-five) hectares:

a) If the industrial cluster meets the conditions stipulated in Clause 1, Article 6 of this Circular, it shall be converted into an industrial zone in accordance with Articles 6 and 7 of this Circular to be managed uniformly under Decree No. 29/2008/ND-CP dated March 14, 2008 of the Government on industrial zones, export processing zones, and economic zones (hereinafter referred to as Decree No. 29/2008/ND-CP);

b) If the industrial cluster does not meet the conditions stipulated in Clause 1, Article 6 of this Circular, its scale and area shall be adjusted to comply with the Regulation and it shall be established as an industrial cluster in accordance with Articles 8 and 9 of this Circular.

Specifically, the following industrial clusters may retain their current scale and area when being established:

- Industrial clusters that have fully utilized industrial land;

- Industrial clusters that have completed infrastructure investment construction;

- Industrial clusters whose detailed planning has been approved and whose compensation and land clearance procedures have been completed.

2. For industrial clusters with an area not exceeding 75 (seventy-five) hectares, they shall be established as industrial clusters in accordance with Articles 8 and 9 of this Circular to be managed uniformly under the Regulation.

3. In cases where industrial clusters formed before the Regulation takes effect cannot be handled according to the plans specified in Clauses 1 and 2 of this Article, the People's Committee of the province shall be responsible for handling them within its authority or recommending competent authorities to handle them in accordance with the law.

Article 6. Conversion of Industrial Clusters Formed Before the Regulation Takes Effect into Industrial Zones

1. Conditions for conversion:

a) There must be a developer of infrastructure who is a business operating under the Enterprise Law;

b) The total area of land allocated for registered investment projects, issued with Investment Certificate for land lease or sublease, must reach at least 40% of the industrial land area of the industrial cluster;

c) The detailed planning of the industrial cluster must have been approved by the competent authority in accordance with current regulations;

d) A centralized wastewater treatment facility must have been constructed or the developer of infrastructure must commit to constructing such a facility after the conversion into an industrial zone;

đ) Meeting the conditions stipulated in Clauses 2, 3, 4, and 5 of Article 6 of Decree No. 29/2008/ND-CP.

2. Procedures and formalities for conversion:

a) The provincial People's Committee prepares a dossier for converting industrial clusters into industrial zones and submits it to the Ministry of Planning and Investment for evaluation;

b) The Ministry of Planning and Investment, in collaboration with the Ministry of Industry and Trade and other relevant ministries and sectors, organizes the evaluation of the dossier for converting industrial clusters into industrial zones and reports;

c) Supplementing the master plan and establishing industrial zones from converted industrial clusters:

- For industrial clusters meeting the conditions stipulated in Clause 1 of this Article and having received an Investment Certificate for infrastructure development projects, the Ministry of Planning and Investment will consider and report to the Prime Minister to supplement the National Master Plan for Industrial Zone Development and instruct the provincial People's Committee to establish the industrial zone.

- For industrial clusters meeting the conditions stipulated in Clause 1 of this Article but without an Investment Certificate for infrastructure development projects, the Ministry of Planning and Investment will report to the Prime Minister to supplement the National Master Plan for Industrial Zone Development.

Issuing an Investment Certificate for infrastructure development projects and establishing industrial zones shall be carried out in accordance with current laws.

3. The dossier for conversion includes:

a) A proposal from the provincial People's Committee to the Prime Minister regarding the conversion of industrial clusters into industrial zones in the locality;

b) A project for converting industrial clusters into industrial zones;

The dossier shall be prepared in seven sets, including at least two original sets (one original set submitted to the Prime Minister and six sets submitted to the Ministry of Planning and Investment for evaluation).

4. Contents of the Project for Converting Industrial Clusters into Industrial Zones include:

a) The necessity and legal basis for conversion;

b) An assessment of the implementation status and projected direction for socio-economic development and industrial development in the locality;

c) An assessment of the current construction and development status of existing industrial zones and the planned development of industrial zones in the locality;

d) The name, location, area, current status, and specific conditions regarding infrastructure of the industrial cluster proposed for conversion;

đ) The legal status and assessment of the capacity and experience of the infrastructure developer of the industrial cluster proposed for conversion;

e) An assessment and explanation of the ability to meet the conditions stipulated in Clause 1 of this Article;

g) The ability to mobilize capital sources for investment in construction and development of the industrial zone after conversion;

h) Illustration of the development plan for the industrial zone after conversion on a planning map.

Article 7. Examination of the dossier for converting industrial clusters formed before the Regulation took effect into industrial zones

1. Content of examination:

a) Legal basis and necessity of conversion;

b) Compatibility of converting industrial clusters into industrial zones with socio-economic development planning; land use planning and plans at the local level; regional construction and urban planning; infrastructure development planning;

c) Degree of compliance with conditions for converting industrial clusters into industrial zones;

d) Compatibility and feasibility of developing industrial zones and mobilizing capital for constructing infrastructure in industrial zones.

2. Procedure and process for examination:

a) Within 5 (five) working days from the date of receiving a complete conversion dossier, the Ministry of Planning and Investment shall seek opinions from relevant ministries and sectors;

In case the conversion dossier does not meet the provisions of Clauses 2 and 3 of Article 6 of this Circular, the Ministry of Planning and Investment shall issue a document requesting the provincial People's Committee to supplement and amend the dossier. The time for supplementation and amendment of the dossier shall not be counted towards the examination period.

b) Within 10 (ten) working days from the date of receiving the document requesting opinions from the Ministry of Planning and Investment along with the conversion dossier, the ministries and sectors shall send their opinions to the Ministry of Planning and Investment;

In necessary cases, the Ministry of Planning and Investment shall organize meetings with relevant ministries, sectors, and the provincial People's Committee to clarify related issues.

c) Within 30 (thirty) working days from the date of receiving complete opinions from the ministries and sectors, the Ministry of Planning and Investment shall compile and submit for approval.

Article 8. Establishment of industrial clusters from industrial clusters formed before the Regulation took effect

1. Procedure and process for establishment:

a) The district-level People's Committee shall prepare the establishment dossier for industrial clusters as stipulated in Clauses 2 and 3 of this Article and submit it to the Department of Industry and Trade for examination;

b) The Department of Industry and Trade shall take the lead and coordinate with relevant departments and sectors to examine and submit to the provincial People's Committee for decision:

Within 15 (fifteen) working days from the date of receiving a complete establishment dossier for industrial clusters, the Department of Industry and Trade shall conduct the examination and submit to the provincial People's Committee.

- For the establishment of industrial clusters with an area not exceeding 75 (seventy-five) hectares: Within 10 (ten) working days from the date of receiving the dossier accompanied by the examination document from the Department of Industry and Trade, the provincial People's Committee shall consider and decide on establishing or not establishing the industrial cluster.

- For the establishment of industrial clusters with an area larger than 75 (seventy-five) hectares: Within 10 (ten) working days from the date of receiving the dossier accompanied by the examination document from the Department of Industry and Trade, the provincial People's Committee must issue a document along with one set of the establishment dossier to the Ministry of Industry and Trade for agreement.

Within 30 working days from the date of receiving a complete establishment dossier for industrial clusters, the Ministry of Industry and Trade shall review and issue an agreement document. If the establishment dossier for industrial clusters does not comply with the provisions of Clauses 2 and 3 of this Article, the Ministry of Industry and Trade shall issue a document requesting the provincial People's Committee to explain and supplement related issues. The time for explanation and supplementation shall not be counted towards the review and agreement period. Within 10 (ten) working days from the date of receiving the agreement document from the Ministry of Industry and Trade, the provincial People's Committee shall consider and decide on establishing or not establishing the industrial cluster.

Decisions on establishing industrial clusters shall be sent to the Ministry of Industry and Trade for monitoring and compilation.

2. Dossier for establishment of industrial clusters includes:

a) A proposal document from the district-level People's Committee submitted to the provincial People's Committee regarding the establishment of industrial clusters;

b) Report on establishing industrial clusters;

c) Certified true copy of the Decision approving the investment project for building infrastructure in industrial clusters or Investment Certificate of the project (for industrial clusters specified in Clause 1 of Article 3 of this Circular); certified true copy of the Decision approving the detailed construction planning of industrial clusters (for industrial clusters specified in Clause 2 of Article 3 of this Circular); certified true copy of the Decision approving the development planning of industrial clusters or the Decision approving the industrial development planning on the provincial territory (for industrial clusters specified in Clause 3 of Article 3 of this Circular).

The dossier shall be prepared in six sets, including two original sets.

3. Contents of the Report on Establishing Industrial Clusters include:

a) Necessity and legal basis for establishing industrial clusters;

b) Name, location, area scale, objectives, functions of the industrial cluster; legal status and capacity of the investor developing the infrastructure of the industrial cluster;

c) Assessment of current status and land use structure; orientation for arranging industries within the industrial cluster;

d) Assessment of current status and plan for investing in infrastructure of the industrial cluster;

đ) Solutions and ability to mobilize capital for completing the infrastructure of the industrial cluster;

e) Current status and solutions for attracting investment into the industrial cluster;

g) Expected economic, social, and environmental benefits of developing the industrial cluster after establishment;

h) Presentation of the development planning scheme of the industrial cluster on a map (for industrial clusters specified in Clause 3 of Article 3 of this Circular).

Article 9. Content of the review of the establishment dossier for industrial clusters formed before the Regulation takes effect

1. Legal basis and necessity for establishing the industrial cluster.

2. Name, area, objectives, and functions of the industrial cluster.

3. Compliance with the planning for industrial and small-scale industrial development, planning for the development of industrial clusters in the locality; land use planning; construction planning and other related planning in the locality.

4. Compliance with legal provisions on investment, construction, land, and environment for the industrial cluster.

5. Solutions to mobilize capital sources to complete infrastructure projects, solutions to attract investment in the industrial cluster.

6. Economic, social, and environmental effectiveness of developing the industrial cluster after its establishment.

Chapter III

IMPLEMENTATION

Article 10. Time limit for handling industrial clusters formed before the Regulation takes effect

1. The deadline for completing the review and compiling the List of industrial clusters formed before the Regulation takes effect as stipulated in Article 4 of this Circular shall be completed by December 31, 2012.

2. The deadline for completing the handling of industrial clusters formed before the Regulation takes effect shall be completed by December 31, 2015.

Article 11. Effective Date

This Circular takes effect from November 26, 2012.

Abolish the provisions at Clause 2 and Clause 3 of Article 13 and Article 14 of Circular No. 39/2009/TT-BCT dated December 28, 2009 of the Ministry of Industry and Trade regarding the implementation of certain contents of the Regulation on management of industrial clusters issued together with Decision No. 105/2009/QĐ-TTg dated August 19, 2009 of the Prime Minister.

Article 12. Responsibility for Implementation

1. The People's Committee of the province directs relevant departments, People's Committees of districts, investors developing infrastructure of industrial clusters, and related units and organizations to handle industrial clusters formed before the Regulation takes effect in accordance with this Circular.

2. The Department of Industry and Trade takes the lead and advises the People's Committee of the province to implement this Circular.

3. The Local Industry Bureau (Ministry of Industry and Trade), the Department of Management of Economic Zones (Ministry of Planning and Investment) advise the leadership of the Ministry of Industry and Trade and the Ministry of Planning and Investment to monitor and report on the implementation results of this Circular.

4. During the implementation of this Circular, if there are difficulties, relevant agencies, units, and individuals should promptly reflect them to the Ministry of Industry and Trade and the Ministry of Planning and Investment for consideration and unified resolution./.