Circular No. 36/2005/TT-BNV on Ranking Industrial Park Management Boards, Economic Zone Management Boards, Open Economic Zone Management Boards, Border Economic Zone Management Boards, Economic-Zone and Trade Management Boards, High-Tech Park Management Boards, and other similarly named boards.

CIRCULAR

Regarding the ranking of Industrial Park Management Boards, Economic Zone Management Boards,

Open Economic Zone Management Boards, Border Economic Zone Management Boards,

Economic-Zone-Trade Management Boards, High-Tech Park Management Boards,

and other Management Boards with different names

Implementing Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary systems for cadres, civil servants, public officials, and armed forces; after receiving unified opinions from the Ministry of Planning and Investment, the Ministry of Finance, and the Ministry of Home Affairs, this Circular on ranking Management Boards to implement the分级授权决定和应用管理委员会职务补贴的规定如下：

I. APPLICABLE OBJECTS

Regarding the ranking of Management Boards and the application of leadership position subsidies for Management Board members in this Circular includes:

1. Industrial Park Management Boards, Economic Zone Management Boards, Open Economic Zone Management Boards, Border Economic Zone Management Boards, Economic-Zone-Trade Management Boards, High-Tech Park Management Boards, and other Management Boards with different names (hereinafter referred to collectively as Industrial Park Management Boards and various types of zones under these Management Boards as Industrial Zones).

2. The aforementioned Management Boards are established by the Prime Minister and operate according to the Industrial Park, Export Processing Zone, and High-Tech Park Regulations issued by Government Decree No. 36/CP dated April 24, 1997, or according to the Economic Zone Operation Regulations, Economic-Zone-Trade Regulations, and other types of zone operation regulations issued by the Prime Minister's decisions.

II. CRITERIA AND CONDITIONS FOR RANKING

1. Criteria for ranking:

To rank Management Boards, this Circular stipulates the use of the main criteria as follows:

a. The number of industrial zones; including the area of land allocated by the provincial People's Committee for the Management Board to lease according to the planning.

b. Total investment capital in the zones; the number of investment projects granted licenses in the zones.

c. The occupancy rate of the zones; the level of infrastructure development completeness to attract investors.

d. Ensuring environmental protection standards as prescribed.

đ. The location and importance of the zones in promoting regional economic development and contributing to national defense and security; the total annual revenue submitted to the State budget by enterprises within the zones; the sustainable development prospects of the zones according to the national strategy and planning for industrial zones.

2. Conditions for ranking:

Based on the above groups of criteria and the ranking of Industrial Park Management Boards accompanying Government Decree No. 204/2004/NĐ-CP, which includes Class I and Class II; the conditions ensuring the criteria for ranking Industrial Park Management Boards are specifically as follows:

a. Managing five or more industrial zones (established by decision)

b. Total investment capital of enterprises in the industrial zones reaching 10,000 billion Vietnamese dong or more;

c. The occupancy rate of industrial zones at 60% or higher or having 100 or more investment projects granted licenses that have commenced operations;

In addition to the above conditions, the significance of the zones' locations in promoting regional economic development and national defense and security, and their inclusion in the national planning for key industrial zones; the annual revenue submitted to the State budget of the zones being high, reaching 500 billion Vietnamese dong or more and increasing annually; if the operation status of the zones is assessed as good or better and has sustainable development prospects, then additional conditions will be considered to rank the Management Boards into Class I.

3. Ranking for Industrial Park Management Boards:

a. Management Boards ranked Class I:

- Industrial Park Management Boards meeting the above conditions, including achieving conditions a, b, and c, will be ranked Class I.

- For some Economic Zones, although not meeting the Class I ranking conditions, but having significant positions in the national planning for key industrial zones and economic zones, and having instructions from the Government, Prime Minister, or conclusions from the Politburo, such Management Boards will be ranked Class I.

b. Management Boards ranked Class II:

Other Industrial Park Management Boards not meeting the Class I ranking criteria will be ranked Class II.

III. AUTHORITY TO RANK AND TIME LIMIT FOR RE-RANKING:

Based on the ranking criteria and conditions mentioned above, the authority to rank Industrial Park Management Boards is defined as follows:

1. Provincial People's Committees directly manage the ranking of Industrial Park Management Boards under their jurisdiction.

a. Decide on Industrial Park Management Boards ranked Class II.

b. Decide on Industrial Park Management Boards ranked Class I after reaching consensus with the Ministry of Home Affairs.

2. The Ministry of Home Affairs evaluates and ranks Industrial Park Management Boards under central management (excluding those already ranked by the Prime Minister in the establishment decision document).

3. After one year (12 months), for Industrial Park Management Boards that have changes and meet the corresponding ranking criteria and conditions, the competent authority will re-evaluate and re-rank the Industrial Park Management Boards under its jurisdiction.

IV. IMPLEMENTATION

1. Provincial People's Committees directly manage the evaluation and ranking of Industrial Park Management Boards under their jurisdiction based on the ranking criteria and conditions and according to the defined authority, report to the Ministry of Home Affairs.

2. The Ministry of Home Affairs takes the lead, coordinating with relevant ministries and sectors to be responsible for evaluating and ranking Industrial Park Management Boards under central management according to the ranking criteria and conditions.

3. On the basis of the ranking of the Industrial Park Management Board according to corresponding categories, the People's Committees of provinces and centrally governed cities and the Ministry of Home Affairs shall decide on applying the level of leadership position allowances according to item 6 of the table of allowances for leadership positions issued together with Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the salary system for cadres, civil servants, public officials, and armed forces personnel for the Industrial Park Management Board.

V. EFFECTIVE DATE

This Circular takes effect fifteen days after its publication in the Official Gazette. Any difficulties encountered during implementation should be reported to the Ministry of Home Affairs for study and resolution.