Circular No. 39/2009/TT-BCT stipulates the implementation of certain contents of the Management Regulation for Industrial Clusters issued together with Decision No. 105/2009/QĐ-TTg dated August 19, 2009 of the Prime Minister.

CIRCULAR

Provisions on implementing certain contents of the management regime for industrial clusters issued together with Decision No. 105/2009/QD-TTg dated August 19, 2009 of the Government Chairman.

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

Pursuant to Decision No. 105/2009/QĐ-TTg dated August 19, 2009 of the Prime Minister promulgating the Industrial Cluster Management Regulation;

The Ministry of Industry and Trade stipulates the implementation of certain contents of the Management Regime for Industrial Clusters issued together with Decision No. 105/2009/QD-TTg dated August 19, 2009 of the Government Chairman as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the implementation of certain contents of the Management Regime for Industrial Clusters regarding the construction and planning for development of industrial clusters, investment in building infrastructure for industrial clusters, procedures for establishing Industrial Cluster Development Centers, and the organization to implement the Management Regime for Industrial Clusters issued together with Decision No. 105/2009/QD-TTg dated August 19, 2009 of the Government Chairman.

Article 2. Applicability

1. Enterprises, organizations, and individuals investing in constructing, operating infrastructure for industrial clusters, and producing, trading, and providing services within industrial clusters;

2. State administrative agencies and other organizations performing tasks related to the management and operation of industrial clusters.

Chapter II

SPECIFIC PROVISIONS

Article 3. Plan for the development planning of industrial clusters

1. Building the plan for the development planning of industrial clusters (hereinafter referred to as the Planning Plan) means establishing a system of objectives, directions, solutions, and policies on the development of industrial clusters in the province during each specific period, aiming to rationally distribute and develop industrial clusters based on the efficient and effective use of local resources.

2. The Planning Plan is established for each ten-year phase, considering prospects for the next five years. The review and adjustment period for the Planning Plan is every five years.

Article 4. Funding for the Planning Plan

1. The funding for the Planning Plan is guaranteed by the local budget based on the approved budget plan.

2. The Department of Industry and Trade builds the plan along with the estimated funding for the Planning Plan and submits it to the Department of Planning and Investment, the Department of Finance for consideration and budget balancing according to current regulations, and reports to the People's Committee of the province for decision.

3. The preparation of the budget estimate and settlement of the Planning Plan funding for the development of industrial clusters shall be carried out in accordance with the provisions of the State Budget Law and Circular No. 24/2008/TT-BTC dated March 14, 2008 of the Ministry of Finance on guiding the management, use, and settlement of public expenditure for economic affairs to fulfill planning tasks and projects.

Article 5. Drafting the outline of the Planning Plan

1. Based on the allocated budget plan, the Department of Industry and Trade organizes the drafting of the outline and budget estimate for implementing the Planning Plan in accordance with the regulations, reporting to the competent authority for approval.

2. The approved outline and budget estimate for the Planning Plan serve as the basis for organizing the implementation of the Planning Plan and settling costs according to current regulations.

3. In case of necessity to adjust or supplement the outline and budget estimate for the Planning Plan, the Department of Industry and Trade reports to the competent authority for decision.

Article 6. Preparing the report on the Planning Plan

1. Based on the approved outline and budget estimate, the Department of Industry and Trade takes the lead in coordinating with relevant departments, industry sectors, and the People's Committee of the district to build the Planning Plan or hire consulting agencies to prepare the Planning Plan for submission to the People's Committee of the province for approval after obtaining the agreement of the Ministry of Industry and Trade. In cases where consulting agencies are hired to prepare the Planning Plan, the Department of Industry and Trade organizes the selection of consulting agencies through bidding or direct assignment according to current regulations to ensure implementation in accordance with the outline and assigned deadlines.

2. During the planning process, the Department of Industry and Trade implements intermediate reporting steps, solicits opinions from relevant agencies in writing, and completes the Planning Plan.

Article 7. Documents for Approval of the Planning Scheme Proposal

The documents for approval of the planning scheme include:

1. The proposal requesting approval of the planning scheme from the Department of Industry and Trade;

2. Draft Decision on Approval of the Planning Scheme Proposal;

3. Comments from the Department of Planning and Investment; relevant departments, sectors, and People's Committees at the district level;

4. Results of the environmental impact assessment report review;

5. Review documents of the Review Board;

6. A complete Planning Scheme Proposal report (quantity as required by the Department of Industry and Trade);

7. A summary of the Planning Scheme Proposal report (quantity as required by the Department of Industry and Trade).

Article 8. Review and Approval of the Planning Scheme

1. The review of the Planning Scheme Proposal report shall be conducted by the Planning Scheme Proposal Review Board.

The Planning Scheme Proposal Review Board established in accordance with Clause 17, Article 1 of Decree No. 04/2008/ND-CP dated January 11, 2008, amending and supplementing certain articles of Decree No. 92/2006/ND-CP dated September 7, 2006, of the Government on the preparation, approval, and management of overall socio-economic development planning, shall undertake the tasks stipulated in this Decree.

2. Upon completion of the Planning Scheme Proposal report, the Department of Industry and Trade shall submit it to the provincial People's Committee to establish the Review Board to conduct the review of the Planning Scheme Proposal report. In necessary cases, consulting services for review and counter-opinion may be hired to support the review work.

3. If the Planning Scheme Proposal report requires supplementation or modification, the Department of Industry and Trade must organize revisions. Within fifteen days from the completion of the Planning Scheme Proposal, the Department of Industry and Trade shall complete the review report and documents as prescribed in Article 7, and submit them to the provincial People's Committee for the agreement of the Ministry of Industry and Trade before approval.

The Decision approving the Planning Scheme Proposal of the provincial People's Committee shall be sent to the Ministry of Industry and Trade for one copy for general monitoring and guidance.

Article 9. Procedures for Investment in Industrial Cluster Infrastructure Construction

The investment in industrial cluster infrastructure construction shall be carried out in the following sequence:

1. Preparation and approval of the investment report for establishing and expanding industrial clusters;

2. Preparation and approval of detailed construction planning for industrial clusters;

3. Preparation and approval of the investment project for constructing industrial cluster infrastructure or issuance of a business investment certificate for industrial cluster infrastructure;

4. Organization of construction of industrial cluster infrastructure projects and management operation of infrastructure projects after completion.

Article 10. Detailed Construction Planning for Industrial Clusters

1. The content and procedures for preparing, reviewing, and approving detailed construction planning for industrial clusters shall be implemented according to the guidelines for industrial zones as specified in Circular No. 19/2008/TT-BXD dated November 20, 2008, issued by the Ministry of Construction guiding the implementation of the preparation, review, approval, and management of industrial zone construction planning.

2. Costs for preparing detailed planning shall be implemented according to the construction planning cost norms issued by Decision No. 15/2008/QĐ-BXD dated November 17, 2008, of the Minister of Construction.

3. Selection of consulting units for detailed planning preparation shall be conducted through bidding or direct assignment in accordance with current regulations.

4. For industrial clusters with an area less than 5 hectares, it is possible to prepare an investment construction project without having to prepare a detailed construction plan at a scale of 1/500. The master plan layout, architectural design solutions, and technical infrastructure solutions in the basic design content of the project must comply with the general planning (or urban zoning planning); ensure connectivity of technical infrastructure and architectural compatibility with the surrounding area.

Article 11. Establishment of Investment Projects for Industrial Cluster Infrastructure Construction

1. The content, procedures for establishment, examination, approval, and management of investment projects for industrial cluster infrastructure construction shall be carried out in accordance with the provisions of Decree No. 12/2009/NĐ-CP dated February 12, 2009 on project management for construction works and Decree No. 83/2009/NĐ-CP dated October 15, 2009 amending and supplementing certain articles of Decree No. 12/2009/NĐ-CP.

2. When establishing an investment project for construction works, the infrastructure business unit shall simultaneously prepare an environmental impact assessment report for the project. The content, procedures for preparation, examination, and approval of the environmental impact assessment report for the project shall be carried out in accordance with the provisions of Government Decree No. 80/2006/NĐ-CP dated August 9, 2006 detailing and guiding the implementation of certain articles of the Law on Environmental Protection and Decree No. 21/2008/NĐ-CP dated February 28, 2008 amending and supplementing certain articles of Decree No. 80/2006/NĐ-CP.

Article 12. Procedures for Establishing Industrial Cluster Development Centers

1. Based on the demand for investment and development of industrial clusters within the administrative area and in cases where the proposed industrial cluster to be established or expanded does not have an infrastructure business unit, the People's Committee of the district shall prepare the documents for establishing an industrial cluster development center within its administrative area and submit them to the People's Committee of the province for consideration and decision.

2. The documents for establishing the Center include:

a) A proposal from the People's Committee of the district;

b) A plan for establishing the Center (which includes: necessity, explanation of conditions for establishing the Center; proposals for organizational structure, staffing, operating budget of the Center; operational regulations of the Center...);

c) Copies of decisions approving the establishment of the industrial cluster; decisions approving detailed construction planning for the industrial cluster; decisions approving investment projects for constructing infrastructure works in the industrial cluster;

d) Other related documents.

The documents shall be prepared in four sets and sent to the People's Committee of the province, Department of Home Affairs, Department of Industry and Trade, Department of Finance; one set to each place.

3. The Department of Industry and Trade shall coordinate with the Department of Home Affairs and the Department of Finance to examine the documents for establishing the Center and submit them to the People's Committee of the province for a decision to establish or not establish the Center.

The decision to establish the Center by the People's Committee of the province shall be sent to the Ministry of Industry and Trade one copy for monitoring and general guidance.

Chapter III

IMPLEMENTATION

Article 13. Handling Conversion in Accordance with the Regulations

1. Regarding the name of the industrial cluster:

a) Industrial cluster is the common name for industrial zones, clusters, and points approved by the People's Committee of the province for planning and establishment according to the regulations.

b) For industrial zones, clusters, and points that were established before October 5, 2009, the Department of Industry and Trade shall review the names and report to the People's Committee of the province for a decision to adjust and modify the names to comply with the regulations.

2. Regarding the area size of industrial clusters:

The Department of Industry and Trade shall take the lead and coordinate with relevant departments to inspect, review, and compile a list of industrial clusters established before October 5, 2009 with an area larger than 75 hectares (seventy-five hectares), and report to the People's Committee of the province for a decision based on the following options:

a) Prepare a proposal to adjust and supplement into the Master Plan for Developing Industrial Zones in Vietnam for those industrial clusters that meet the conditions for inclusion in the industrial zone master plan, and send it to the Ministry of Planning and Investment and the Ministry of Industry and Trade for consideration and submission to the Prime Minister for a decision.

b) Adjust the area size of the remaining industrial clusters to comply with the regulations stipulated in the management regulations for industrial clusters.

In cases where the industrial cluster has been approved for detailed planning and is currently implementing infrastructure investment procedures, the area size may remain unchanged as per the approved detailed planning after obtaining the opinion of the Ministry of Industry and Trade.

3. Regarding the management model of industrial clusters:

In cases where the industrial cluster is managed by the People's Committee of the district or a public institution as the infrastructure investor (using state budget funds), they must be converted to an industrial cluster development center to implement the functions and tasks of the infrastructure business unit.

4. Regarding the planning for developing industrial clusters:

a) For the planning for developing industrial clusters approved before October 5, 2009, the Department of Industry and Trade shall conduct a review and adjustment to comply with the regulations, and report to the People's Committee of the province for consideration and approval.

b) In cases where the planning for developing industrial clusters is currently being organized, it must be reviewed and adjusted to align with the regulations, and then undergo examination and approval in accordance with this Circular.

Article 14. Time for Implementation of Conversion

1. The handling of conversion as prescribed in Article 13 of this Circular must be completed before October 5, 2010.

2. The Department of Industry and Trade is the lead unit assisting the People's Committee of the province to organize the implementation of conversion of industrial clusters within its jurisdiction in accordance with the Regulation and this Circular.

3. The results of the conversion at localities shall be sent to the Ministry of Industry and Trade for monitoring, consolidation, and reporting to the Prime Minister.

Article 15. Implementation Provisions

1. This Circular takes effect 45 days from the date of signature. Previous regulations of the People's Committee of the province on management of industrial zones, clusters, and points that conflict with the Regulation and guidance provided in this Circular are hereby abolished.

2. The Local Industry Bureau is the lead agency assisting the Minister of Industry and Trade in performing state management tasks over industrial clusters nationwide in accordance with the contents stipulated in Clause 1 of Article 18 of the Industrial Cluster Management Regulation; it has the responsibility to provide guidance and handle specific issues arising during the implementation of this Circular.

3. In case of difficulties during implementation, organizations and individuals related shall send their opinions to the Ministry of Industry and Trade for consideration and resolution./.