Decree No. 82/2018/NĐ-CP stipulates the management of industrial zones and economic zones.

DECREE

PROVISIONS ON MANAGEMENT OF INDUSTRIAL ZONES AND ECONOMIC ZONES

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Investment Law dated November 26, 2014;

At the proposal of the Minister of Planning and Investment;

The Government promulgates a Decree to provide for the management of industrial zones and economic zones.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree provides for planning, establishment, operation, policies, and state management of industrial zones and economic zones.

2. The objects subject to this Decree include: State management agencies, organizations, and individuals related to investment and business operations within industrial zones and economic zones.

Article 2. Interpretation of Terms

In this Decree, the following terms are understood as follows:

1. An industrial zone is a geographic area with defined boundaries, specialized in manufacturing industrial goods and providing services for industrial production, established according to conditions, procedures, and formalities stipulated in this Decree.

Industrial zones include various types, including: Export processing zones, supporting industrial zones, eco-industrial zones (hereinafter referred to collectively as Industrial Zones, except where specific provisions apply to each type).

a) An export processing zone is an industrial zone specialized in manufacturing export goods, providing services for export production and export activities, established according to conditions, procedures, and formalities applicable to industrial zones stipulated in this Decree.

An export processing zone is separated from the surrounding areas according to regulations applicable to duty-free zones under laws on export tax and import tax;

b) A supporting industrial zone is an industrial zone specialized in manufacturing supporting industrial products, providing services for the production of supporting industrial products. The proportion of land area allocated to investment projects in supporting industries must be at least sixty percent of the total land area available for lease in the industrial zone;

c) An eco-industrial zone is an industrial zone where enterprises participate in cleaner production and efficient resource use, engage in production linkages and cooperation to implement industrial symbiosis activities aimed at enhancing economic, environmental, and social efficiency of enterprises.

2. Industrial symbiosis in an industrial zone is cooperative activity among enterprises within an industrial zone or with enterprises in other industrial zones to optimize the use of inputs and outputs such as raw materials, water, energy, waste, scrap, etc., during production and business operations. Through cooperation, enterprises form a network for exchanging factors serving production, sharing infrastructure and production-related services, improving technological processes, and enhancing production and business efficiency.

3. An industrial zone - urban - service area includes functional zones: The industrial zone is the main functional zone; the urban - service zone has supportive functions, providing social convenience services for the industrial zone (which may include functional zones such as housing, hospitals, schools, research and development centers, business incubation centers, and other necessary socio-economic facilities for the synchronous and sustainable development of the industrial zone). It is developed to ensure effective and sustainable economic, social, and environmental development of the industrial zone. The maximum size of the urban - service zone does not exceed one-third (1/3) of the size of the industrial zone.

4. Expanding an industrial zone involves developing additional area in adjacent or contiguous regions that can connect and share technical infrastructure with the previously established industrial zone.

5. An industrial sub-zone is a portion of the industrial zone with defined boundaries, consistent with the construction plan of the industrial zone, specialized in manufacturing and providing services for production in certain industrial sectors.

6. An investment project for developing industrial zone infrastructure is an investment project using land within the industrial zone to construct a comprehensive technical infrastructure and lease it to investors for building factories and organizing production and business operations in accordance with the law.

7. An economic zone is a geographic area with defined boundaries, comprising multiple functional zones, established to achieve goals of attracting investment, developing socio-economy, and protecting national defense and security.

Economic zones as provided in this Decree include coastal economic zones and border gate economic zones (hereinafter referred to collectively as Economic Zones, except where specific provisions apply to each type);

a) Coastal economic zones are economic zones formed in coastal areas and adjacent regions, established according to conditions, procedures, and formalities stipulated in this Decree;

b) Border gate economic zones are economic zones formed in borderland areas with international border gates or major border gates, established according to conditions, procedures, and formalities stipulated in this Decree.

8. Expanding an economic zone involves developing additional area in adjacent or contiguous regions to enhance the development potential and spillover effects of the economic zone.

9. Industrial land area is the land area of an industrial zone leased to investors for implementing investment and business operations within the industrial zone, determined in detailed construction plans and zoning plans for industrial zones approved by competent state authorities.

10. An export processing enterprise is an enterprise established and operating in an export processing zone or an enterprise specializing in producing export products operating in an industrial zone or economic zone.

An export processing enterprise not located in an export processing zone is separated from the surrounding areas according to regulations applicable to duty-free zones under laws on export tax and import tax.

11. National-level planning for the development of industrial zones and economic zones is a plan established and approved in accordance with laws on planning and this Decree.

12. The occupancy rate of an industrial zone is the ratio of the land area already leased to investors for production and business operations to the total land area of the industrial zone, expressed as a percentage (%).

13. Social, cultural, and sports facilities in industrial zones and economic zones are all the works directly serving the life and cultural, sports activities of workers in industrial zones and economic zones.

Chapter II

PLANNING, INVESTMENT, ESTABLISHMENT OF INDUSTRIAL ZONES AND ECONOMIC ZONES

Section 1. PLANNING, INVESTMENT, ESTABLISHMENT OF INDUSTRIAL ZONES

Article 3. Planning for the development of industrial zones

1. Based on the strategy for socio-economic development; national master plan; national land use planning at the national level, provincial level, the Ministry of Planning and Investment shall take the lead and coordinate with relevant ministries, sectors, and provincial People's Committees (hereinafter referred to collectively as provincial People's Committees) to develop and submit to the Prime Minister for approval the planning for the development of industrial zones.

2. The planning of industrial zones within economic zones shall be incorporated into the overall urban planning of economic zones and submitted to the Prime Minister for approval in accordance with the laws on construction. In cases where industrial zones have already been included in the overall urban planning of economic zones approved by the Prime Minister, there is no need to go through additional procedures to include them in the planning for the development of industrial zones.

3. The approved planning for the development of industrial zones and the overall urban planning of economic zones serve as the basis for considering investment, establishment, and expansion of industrial zones; developing planning and investment plans for the development of technical infrastructure and social infrastructure to support the development of industrial zones.

Article 4. Procedures for planning, establishment, and expansion of industrial zones

1. Documents and procedures for adjusting planning and supplementing industrial zones into the planning for the development of industrial zones are stipulated in Articles 6, 7, 8, 9, 10, and 11 of this Decree.

In cases where planning adjustments and supplements involve industrial zones within economic zones, the procedures for adjusting the overall urban planning of economic zones shall be carried out in accordance with the laws on construction.

2. The procedures for deciding on investment policies for projects to develop infrastructure in industrial zones, including those within economic zones, shall be implemented in accordance with the laws on investment, except for projects to develop infrastructure in industrial zones using public investment funds, which shall be implemented in accordance with the laws on public investment.

3. The procedures for issuing certificates of investment registration for projects to develop infrastructure in industrial zones shall be carried out in accordance with the laws on investment.

4. Provincial People's Committees shall issue decisions to establish industrial zones and expanded industrial zones in accordance with Article 13 of this Decree.

Article 5. Conditions for supplementing new industrial zones and expanded industrial zones into the planning for the development of industrial zones

1. For the case of supplementing planning for new industrial zones, the total area of industrial land in existing industrial zones in the province or centrally-administered city that has been allocated to registered investment projects and issued certificates of investment registration for land lease and sublease must reach at least 60%.

2. For the case of supplementing planning for expanded industrial zones based on previously established industrial zones, the following conditions must be met:

a) Previously established industrial zones must have allocated industrial land to registered investment projects and issued certificates of investment registration for land lease and sublease reaching at least 60% of the total industrial land available for lease in that industrial zone, and must have constructed and put into operation centralized wastewater treatment facilities in accordance with environmental laws;

b) Expanded industrial zones must have the capability to connect infrastructure with previously established industrial zones.

3. Consistent with regional planning and provincial planning.

4. Possess favorable conditions or the potential to build technical infrastructure and social infrastructure, implement synchronously and closely integrate the planning for the development of industrial zones with the planning for the development of cities, population distribution, housing, and social, cultural, and sports facilities serving workers in industrial zones.

5. Have sufficient conditions to develop industrial zones, including:

a) Having reserve land for development and having conditions to link up to form clusters of industrial zones;

b) Having the ability to attract domestic and foreign investors' capital;

c) Having the ability to provide and meet labor needs.

6. Ensure compliance with requirements related to national defense, security, environmental protection, natural resource conservation, and historical, cultural, and scenic heritage preservation.

7. The following cases of supplementing planning for the development of industrial zones do not apply the conditions regarding the occupancy rate of industrial zones stipulated in Clause 1 of this Article:

a) Adjusting or changing the location of planning for industrial zones already included in the planning for the development of industrial zones but without increasing the area of such industrial zones;

b) Adjusting the planning for the development of industrial zones within the locality without increasing the total planned area of industrial zones in the locality already approved by the Prime Minister.

Article 6. Documents for Supplementing New Industrial Zones and Expanding into the Industrial Zone Development Plan

1. The master plan for developing industrial zones within the province or centrally governed city includes the following main contents:

a) The necessity and legal basis for supplementing new industrial zones and expanding existing ones;

b) An assessment of the current situation and projected directions for economic and social development, including industrial development within the province or centrally governed city;

c) An evaluation of the current status of construction and development of established and planned industrial zones within the province or centrally governed city, and their contributions to local economic and social development;

d) The name, location, area size, current status, and specific conditions for development of each proposed supplementary or expanded industrial zone;

đ) An assessment and explanation regarding the ability to meet the conditions stipulated in Article 5 of this Decree;

e) Objectives and implementation measures for the development plan; the capacity to mobilize capital sources for investment in building and developing industrial zones;

g) The planning scheme for developing industrial zones on the planning map.

2. The provincial People's Committee's submission to the Prime Minister requesting the supplementation of new industrial zones and expansion into the industrial zone development plan.

3. The documents are prepared in ten sets, including at least two original sets (one original set submitted to the Prime Minister) and nine sets submitted to the Ministry of Planning and Investment for review as provided for in Article 7 of this Decree.

Article 7. Review of Supplementing the Industrial Zone Development Plan

1. Content of examination:

a) Legal basis and necessity for supplementing the industrial zone development plan;

b) Compatibility of supplementing the industrial zone development plan with regional planning and provincial planning;

c) Degree of compliance with corresponding conditions for supplementing the industrial zone development plan;

d) Objectives, solutions, resource allocation for implementing the plan, and the feasibility of supplementing the industrial zone development plan.

2. Procedure and process for examination:

a) Within five working days from the date of receipt of the documents for supplementing the industrial zone development plan, the Ministry of Planning and Investment solicits opinions from relevant ministries and sectors.

In cases where the documents do not comply with the provisions of Article 6 of this Decree, the Ministry of Planning and Investment will issue a document requesting the provincial People's Committee to supplement and amend the documents. The time taken to supplement and amend the documents is not included in the review period.

b) Within ten working days from the date of receipt of valid documents, relevant ministries and sectors submit their opinions to the Ministry of Planning and Investment.

If necessary, the Ministry of Planning and Investment may organize meetings with relevant ministries and sectors and the provincial People's Committee or establish a review board to clarify related issues.

c) Within thirty working days from the date of receipt of valid documents, the Ministry of Planning and Investment compiles and submits to the Prime Minister for consideration and decision.

Article 8. Adjusting the Area of Industrial Zones and Removing Industrial Zones from the Industrial Zone Development Plan

1. Industrial zones already included in the plan can be adjusted to reduce the approved planned land area or removed from the industrial zone development plan to align with changes and adjustments in related planning, the attractiveness of the industrial zone for investment; to meet requirements for national defense, security, environmental protection, natural resources, and historical and cultural heritage; and to address the need to convert the purpose of industrial zone land to urban construction, housing, social, cultural, and sports facilities for workers in the industrial zone.

2. The approval by the competent authority of the adjustment to reduce the area of industrial zones or removing them from the industrial zone development plan serves as the basis for implementing procedures to adjust the construction planning of industrial zones and to change the purpose of using industrial zone land according to relevant laws.

Article 9. Documents for Adjusting and Reducing the Area of Industrial Zones and Removing Industrial Zones from the Industrial Zone Development Plan

1. The report of the People's Committee of the province on adjusting and reducing the area of industrial zones and removing industrial zones from the industrial zone development plan within the province or centrally governed city, including the following main contents:

a) The necessity and legal basis for adjusting the planning;

b) An assessment of the current construction and development status of established and planned industrial zones within the province or centrally governed city, and the contribution of these industrial zones to the socio-economic development of the locality;

c) The adjustment plan for reducing the area of industrial zones and removing them from the planning, including: Name, location, current status, reduced area, and reasons for removal from the planning;

d) The alignment with the socio-economic development orientation of the locality; benefits, impacts of the planning adjustment and measures to address them.

In cases where the area of industrial zones is adjusted and reduced or industrial zones are removed from the planning for land use purpose conversion, a specific evaluation regarding the alignment with regional planning and provincial planning; compliance with conditions for land use purpose conversion according to specialized laws (if applicable); feasibility, effectiveness, economic, social, and environmental impacts of land use purpose conversion shall be supplemented.

2. The proposal to the Prime Minister by the People's Committee of the province on adjusting and reducing the area of industrial zones and removing industrial zones from the industrial zone development plan within the province or centrally governed city.

3. The documents are prepared in nine sets, including at least two original sets (one original set submitted to the Prime Minister) and eight sets submitted to the Ministry of Planning and Investment for review in accordance with Article 10 of this Decree.

Article 10. Review of Adjusting and Reducing the Area of Industrial Zones and Removing Industrial Zones from the Industrial Zone Development Plan

1. Content of examination:

a) Legal basis and necessity of adjusting and reducing the area of industrial zones and removing industrial zones from the industrial zone development plan;

b) Alignment of the reasons for adjustment and the adjustment plan;

c) Assessment of the alignment of land use purpose adjustment; economic and social impacts, and environmental impacts of the adjustment plan in cases where the industrial zone planning adjustment is linked to land use purpose adjustment.

2. Procedure and process for examination:

a) The Ministry of Planning and Investment seeks opinions from relevant ministries and sectors within five working days from the date of receipt of the documents for adjusting and reducing the area of industrial zones and removing industrial zones from the industrial zone development plan.

If the documents do not meet the requirements stipulated in Article 9 of this Decree, the Ministry of Planning and Investment will issue a document requesting the People's Committee of the province to supplement and amend the documents. The time for supplementation and amendment by the People's Committee of the province is not included in the review period.

b) Within ten working days from the date of receipt of valid documents, relevant ministries and sectors submit their opinions to the Ministry of Planning and Investment.

When necessary, the Ministry of Planning and Investment organizes a meeting with relevant ministries and sectors and the People's Committee of the province or establishes a Review Board to clarify related issues.

c) Within twenty working days from the date of receipt of valid documents, the Ministry of Planning and Investment compiles and submits to the Prime Minister for consideration and decision.

d) In cases where supplementary planning of industrial zones and adjustment of reducing the area of industrial zones and removing industrial zones from the industrial zone development plan are carried out simultaneously, a project to adjust the industrial zone development plan shall be developed, including contents corresponding to those specified in Clause 1 of Article 6 and Clause 1 of Article 9 of this Decree.

The procedures and formalities for review are stipulated in Clause 2 of Article 7 of this Decree.

The content of the review corresponds to each case specified in Clause 1 of Article 7 and Clause 1 of Article 10 of this Decree.

Article 11. Initial adjustment, adjustment of industrial park area based on surveying and renaming of industrial parks

1. In cases where the initial expansion or reduction of the area of an industrial park is less than 10% compared to the approved planning area but not exceeding 30 hectares and does not affect other plans, based on the opinions of the Ministry of Planning and Investment, the Ministry of Natural Resources and Environment, the Ministry of Construction, and other relevant ministries and sectors, the People's Committee of the province shall decide on the adjustment of the industrial park area without having to submit to the Prime Minister.

2. In cases where the actual area of an industrial park, after surveying, differs by less than 10% from the approved planning area but not exceeding 20 hectares, the People's Committee of the province shall seek the opinions of the Ministry of Planning and Investment, the Ministry of Natural Resources and Environment, and the Ministry of Construction, and implement the adjustment of the industrial park area in accordance with the actual area without having to submit to the Prime Minister.

3. In cases where the name of an industrial park is changed without altering its location, boundaries, or planned area as approved by the Prime Minister, the People's Committee of the province shall decide on the renaming of the industrial park without having to submit to the Prime Minister and shall notify the competent planning management agency in writing.

4. Cases of adjusting the area of an industrial park outside of Clause 1 and Clause 2 of this Article must be submitted to the Prime Minister for consideration and decision in accordance with this Decree.

Article 12. Conditions for considering and deciding on investment orientation for projects developing infrastructure in industrial parks, expanded industrial parks

1. Conditions for considering and deciding on investment orientation for projects developing infrastructure in industrial parks:

a) Consistent with the approved industrial park development plan; land use plan approved by the competent authority;

b) The total area of industrial land in established industrial parks within the province or centrally-administered city that has been registered for investment projects, issued with Investment Registration Certificates for leased land, subleased land reaches at least 60%.

2. Conditions for considering and deciding on investment orientation for projects developing infrastructure in expanded industrial parks:

a) Consistent with the approved industrial park development plan; land use plan approved by the competent authority;

b) The existing industrial park achieves a minimum occupancy rate of 60%;

c) The existing industrial park has constructed and put into operation centralized wastewater treatment facilities in accordance with environmental laws.

3. In cases where the established industrial park and its expansion are developed by different investors, the conditions for considering and deciding on investment orientation for projects developing infrastructure in the expanded industrial park shall be applied as if it were a new industrial park as stipulated in Clause 1 of this Article.

4. In cases where the previous industrial park had an infrastructure development project that was decided on investment orientation, issued with Investment Licenses, Investment Certificates, Investment Registration Certificates, and established the industrial park, but was subsequently terminated according to investment laws and transferred to a new investor, the new investor’s infrastructure development project for the industrial park does not need to comply with the occupancy rate requirement stipulated in point b of Clause 1 of this Article when considering and deciding on investment orientation.

5. For industrial parks with an area of 500 hectares or more, or those identified before planning implementation as having multiple investors participating in developing infrastructure for each industrial zone or industrial park connected to urban-service areas or concentrated business zones within an overall master plan, a general construction plan must be established before preparing detailed construction plans according to construction laws.

6. For industrial parks with an area of 200 hectares or more, or located near national highways, defense areas, historical relic conservation zones, scenic spots, ecological conservation areas of the region and nation, national tourist sites, and cities classified as Type II, Type I, and Special Type, written opinions of the Ministry of Construction, the Ministry of Planning and Investment, the specialized management ministry, and the Ministry of National Defense (for industrial parks near defense areas) regarding the construction plan of the industrial park must be obtained before submitting to the People's Committee of the province for approval.

Article 13. Decision on establishment of industrial zones and expanded industrial zones

1. The People's Committee of the province shall issue the Decision on establishment of industrial zones and expanded industrial zones after the following documents have been issued by competent authorities:

a) Decision approving the construction planning for industrial zones;

b) Certificate of Investment Registration or investment orientation decision (for projects not required to obtain an Investment Registration Certificate under investment laws); such certificate or decision shall be granted to investors implementing infrastructure development projects in industrial zones; for cases where infrastructure development projects in industrial zones use public investment funds, the competent authority shall issue the investment orientation decision and the investment decision in accordance with laws on public investment.

2. Within five working days from the date of issuance of the documents stipulated in Clause 1 of this Article, the Management Board of Industrial Zones and Economic Zones or the Department of Planning and Investment (in areas where no Management Board of Industrial Zones and Economic Zones has been established) shall submit to the People's Committee of the province for the establishment of industrial zones and expanded industrial zones.

Within five working days from the date of receipt of the submitted documents from the Management Board of Industrial Zones and Economic Zones or the Department of Planning and Investment, the People's Committee of the province shall issue the Decision on establishment of industrial zones and expanded industrial zones.

3. The Decision on establishment of industrial zones and expanded industrial zones of the People's Committee of the province shall include the following contents: Name, area, location of the industrial zone, investor, total investment capital, duration of operation of the infrastructure development project in the industrial zone, consistent with the contents of the documents stipulated in Clause 1 of this Article.

4. In case the contents of the documents stipulated in Clause 1 of this Article are changed leading to adjustments in the contents of the Decision on establishment of industrial zones and expanded industrial zones, the procedures for amending the Decision on establishment of industrial zones and expanded industrial zones shall be carried out according to the procedures and formalities stipulated in Clause 2 of this Article.

Section 2. PLANNING AND ESTABLISHMENT OF ECONOMIC ZONES

Article 14. Development Planning of Economic Zones

1. Based on the socio-economic development strategy; national master plan; national land use planning at the national and provincial levels, the Ministry of Planning and Investment shall take the lead and coordinate with relevant ministries, sectors, and People's Committees of provinces and centrally-run cities (hereinafter referred to collectively as the People's Committee of the province) to build and submit to the Prime Minister for approval the development planning of economic zones.

2. The approved development planning of economic zones serves as the basis for considering the establishment and expansion of economic zones; building planning and investment plans for developing technical infrastructure and social infrastructure to serve the development of economic zones.

Article 15. Procedures for Planning, Establishment, and Expansion of Economic Zones

1. In cases where economic zones or expanded economic zones are not included in the approved development planning of economic zones, new supplementary procedures or expansion of economic zones into the development planning of economic zones must be carried out in accordance with Articles 17 and 18 of this Decree.

2. The establishment and expansion of economic zones within the approved development planning of economic zones shall be implemented in accordance with the procedures and formalities stipulated in Articles 21, 22, and 23 of this Decree.

Article 16. Conditions for supplementing and expanding economic zones in the development planning of economic zones

1. Conditions for supplementing new coastal economic zones into the development planning of coastal economic zones:

a) In line with the planning and orientation for socio-economic development of the region and the province or centrally governed city;

b) Having a geographical location advantageous for regional economic development (having deep-sea ports or airports), conveniently connected to national and international traffic arteries; easy to control and facilitate domestic and foreign exchanges; having favorable conditions and resources for investment and development of technical infrastructure;

c) Having an area of at least 10,000 hectares and meeting the requirements for comprehensive development of the economic zone;

d) Possessing the ability to attract large-scale and important investment projects that have a significant impact on the socio-economic development of the entire region;

đ) Possessing the ability to leverage local potential and create a spillover effect on surrounding areas;

e) Not having negative impacts on natural conservation areas; not causing adverse effects and damage to tangible cultural heritage, scenic spots, architectural complexes of historical, aesthetic, and scientific value; being consistent with defense arrangements and ensuring national defense and security; having conditions to meet environmental, ecological, and sustainable development requirements.

2. Conditions for supplementing new border economic zones into the development planning of border economic zones:

a) In line with the planning and orientation for national socio-economic development, regional development, and the province or centrally governed city;

b) Having an international border gate or a main border gate according to the laws on border gate management; including contiguous administrative units without spatial separation;

c) Conveniently connected to national traffic arteries; facilitating exchanges with neighboring countries through the land border gate of the neighboring country; having favorable conditions and resources for investment in technical infrastructure;

d) Meeting the requirements for comprehensive development of border economic zones including trade, import-export, temporary import for re-export, transit goods transport, industrial production, tourism, and services; having conditions to leverage local potential and surrounding regions; possessing the ability to develop trade and attract investment;

đ) Integrating economic development with maintaining political stability, social order, safety, and national sovereignty in border areas;

e) Not having negative impacts on natural conservation areas; not causing adverse effects and damage to tangible cultural heritage, scenic spots, architectural complexes of historical, aesthetic, and scientific value; having conditions to meet environmental, ecological, and sustainable development requirements.

3. Conditions for expanding economic zones in the development planning of economic zones:

a) The entire system of infrastructure in the economic zone has been fully developed according to the overall construction plan of the economic zone;

b) At least 70% of the land area of functional zones within the economic zone has been allocated or leased to organizations or individuals for project implementation,

Article 17. Documents for Supplementing and Expanding Economic Zones into the Development Plan for Economic Zones

1. The provincial People's Committee’s proposal on the development plan for economic zones within the province or centrally governed city shall include the following contents:

a) The necessity and legal basis for supplementing the planning;

b) An assessment of the current socio-economic development situation, spatial organization orientation; projected socio-economic development direction, spatial organization, transportation infrastructure system, seaports, industries within the province or centrally governed city;

c) An assessment of the current construction and development status of industrial parks, economic zones, and other special areas (if any) established and planned within the province or centrally governed city;

d) An assessment of the compatibility and connectivity of the proposed economic zone with related plans;

đ) A comprehensive assessment of natural conditions, current socio-economic development status, technical and social infrastructure systems at the proposed economic zone area; advantages and difficulties in compensation, land clearance, resettlement, environmental protection, national defense, and security;

e) Explanation of compliance with the conditions for supplementing the economic zone planning as stipulated in Article 16 of this Decree;

g) An assessment of the role and function of the economic zone in the socio-economic development of the province or centrally governed city, regional development (if any); limitations and comparative advantages of the planned economic zone area;

h) Orientation for socio-economic development of the economic zone, including: socio-economic development goals; spatial organization; social technical infrastructure system, industries and fields, specifying key industries and fields;

i) Plan for establishing and developing the economic zone and implementation measures;

k) Presentation of the economic zone planning scheme on the administrative boundary map of the province or centrally governed city; current land use map, preliminary zoning orientation map of the economic zone;

2. The provincial People's Committee’s submission to the Prime Minister requesting supplementation and expansion of the economic zone into the development plan for economic zones;

3. The documents shall be prepared in ten sets, including at least two original sets (one original set submitted to the Prime Minister) and nine sets submitted to the Ministry of Planning and Investment for review in accordance with Article 18 of this Decree;

Article 18. Review of Supplementing the Development Plan for Economic Zones

1. Content of examination:

a) Legal basis and necessity for supplementing the economic zone planning;

b) Compatibility of supplementing the economic zone development plan with relevant regional and provincial plans;

c) Role and potential for socio-economic development; ability to meet the conditions for supplementing the economic zone development plan;

d) Feasibility of the plan for establishing and developing the economic zone and implementation measures;

2. Procedure and process for examination:

a) Within five working days from the date of receipt of the supplementary economic zone development plan documents, the Ministry of Planning and Investment shall seek opinions from relevant ministries and sectors;

In case the documents do not comply with the provisions set out in Article 17 of this Decree, the Ministry of Planning and Investment shall issue a document requesting the provincial People's Committee to supplement and amend the documents. The time for supplementing and amending the documents will not be counted towards the review period;

b) Within fifteen working days from the date of receipt of valid documents, relevant ministries and sectors shall submit their opinions to the Ministry of Planning and Investment;

If necessary, the Ministry of Planning and Investment may organize meetings with relevant ministries and sectors and the provincial People's Committee or establish a review board to clarify related issues.

c) Within forty working days from the date of receipt of valid documents, the Ministry of Planning and Investment shall compile and submit to the Prime Minister for consideration and decision.

Article 19. Documents for Adjusting the Scale of Area of Economic Zones in the Development Plan of Economic Zones

1. Cases for implementing adjustments to the scale of area of economic zones:

a) Reducing the planned area compared to the approved economic zone plan;

b) Increasing the planned area of the economic zone compared to the approved planned area but not exceeding 10%.

The remaining cases of increasing the area of the economic zone must be implemented according to the additional procedures for the economic zone planning as stipulated in Articles 16, 17, and 18 of this Decree.

2. Documents for adjusting the scale of area of economic zones include:

a) Report of the People's Committee of the province on adjusting the development plan of economic zones within the province, centrally governed city including the following main contents:

- Content of adjustment, necessity and basis for the adjustment of the plan;

- Evaluation of the socio-economic development situation, orientation for spatial organization of development; forecasted direction for socio-economic development, spatial organization, transportation infrastructure system, seaports, border gates, industries in the province, centrally governed city;

- Evaluation of the current construction and development status of existing economic zones;

- Reasons and evaluation of the suitability of the plan adjustment with related plans;

- Advantages, difficulties, impacts on the implementation of socio-economic development goals, environment, national defense, security and solutions in adjusting the economic zone plan;

- Presentation of the plan adjustment scheme of the economic zone on the map.

b) Proposal of the People's Committee of the province to the Prime Minister requesting adjustment of the economic zone plan in the development plan of economic zones.

3. The documents are prepared in nine sets, including at least two original sets (one original set submitted to the Prime Minister) and eight sets submitted to the Ministry of Planning and Investment for review as stipulated in Article 20 of this Decree.

Article 20. Review of Adjustment of the Scale of Area of Economic Zones in the Development Plan of Economic Zones

1. Content of examination:

a) Legal basis and necessity of adjusting the planned area of economic zones in the development plan of economic zones;

b) Suitability of the adjustment of the economic zone plan with the national-level plan, regional plan, provincial plan;

c) Plan and solutions for implementing the adjustment of the economic zone plan.

2. Procedure and process for examination:

a) Within five working days from the date of receipt of the documents for adjusting the scale of area of economic zones, the Ministry of Planning and Investment shall seek opinions from relevant ministries and sectors.

In case the documents do not meet the requirements specified in Article 19 of this Decree, the Ministry of Planning and Investment shall issue a document requesting the People's Committee of the province to supplement and amend the documents. The time for supplementation and amendment of the documents will not be counted towards the review period.

b) Within ten working days from the date of receipt of valid documents, relevant ministries and sectors submit their opinions to the Ministry of Planning and Investment.

In case of necessity, the Ministry of Planning and Investment shall organize a meeting with relevant ministries, sectors, and the People's Committee of the province to clarify related issues.

c) Within thirty working days from the date of receipt of valid documents, the Ministry of Planning and Investment shall compile and submit to the Prime Minister for consideration and decision.

Article 21. Documents for Establishing and Expanding Economic Zones

1. The proposal of the People's Committee of the province on establishing and expanding economic zones includes the following main contents:

a) Necessity and legal basis for establishing and expanding economic zones and their suitability with the approved development plan of economic zones;

b) Evaluation of geographical location, natural conditions, resources, socio-economic factors, advantages and limitations of the area proposed for building economic zones;

c) Evaluation and explanation of the conditions stipulated in Article 16 of this Decree;

d) Forecasted development directions including: Development objectives, nature, functions of the economic zone; development directions of various industries and fields; orientation for developing functional areas; orientation for land use planning in the economic zone;

đ) Forecasted total investment, methods for raising funds to invest in the economic zone's infrastructure system; establishment date of the economic zone; plan and schedule for construction and development of the economic zone;

e) Environmental impact assessment, including: Overall assessment of positive and negative impacts on the environment; identification of environmental components, socio-economic aspects affected and the degree of impact when establishing the economic zone; formulation of environmental protection measures when the economic zone goes into operation; other contents (if any) as prescribed by environmental laws; assessment of ensuring national defense and security;

g) Recommendations for solutions and implementation organization;

h) Presentation of the economic zone planning scheme on the map.

2. Proposal of the People's Committee of the province to the Prime Minister requesting establishment and expansion of economic zones.

3. The documents are prepared in ten sets, including at least two original sets (one original set submitted to the Prime Minister) and nine sets submitted to the Ministry of Planning and Investment for review as stipulated in Article 22 of this Decree.

Article 22. Review for establishment and expansion of economic zones

1. Content of examination:

a) Legal basis and necessity for establishing and expanding economic zones;

b) Compatibility of establishing and expanding economic zones with regional planning and provincial planning;

c) Objectives and criteria for establishing and expanding economic zones and allocation of resources;

d) Conditions for establishing and expanding economic zones;

e) Implementation measures and feasibility of establishing and expanding economic zones.

2. Procedure and process for examination:

a) Within five working days from the date of receiving the application for establishment and expansion of economic zones, the Ministry of Planning and Investment shall seek opinions from relevant ministries and sectors.

In case the application does not meet the requirements stipulated in Article 21 of this Decree, the Ministry of Planning and Investment shall issue a document requesting the People's Committee of the province to supplement and amend the application. The time for supplementation and amendment of the application shall not be counted towards the review period.

b) Within twenty working days from the date of receiving a valid application, the ministries and sectors shall send their opinions to the Ministry of Planning and Investment.

If necessary, the Ministry of Planning and Investment may organize a meeting with relevant ministries and sectors and the People's Committee of the province or establish a review board to clarify related issues.

c) Within forty-five working days from the date of receiving a valid application, the Ministry of Planning and Investment shall compile and submit to the Prime Minister for consideration and decision on the establishment and expansion of economic zones.

Article 23. Authority for establishment and expansion of economic zones

1. The Prime Minister decides on the establishment and expansion of economic zones in accordance with approved economic zone development plans.

2. Economic zones are organized into functional zones. The scale, location of each functional zone is determined in the General Plan for Construction of Economic Zones approved by the Prime Minister.

Chapter III

POLICIES FOR INDUSTRIAL ZONES AND ECONOMIC ZONES

Article 24. Investment incentives for industrial zones and economic zones

1. Industrial zones are investment-preferential areas and enjoy investment incentives applicable to areas listed in the List of Areas with Difficult Socio-Economic Conditions under the Law on Investment. Industrial zones established in areas listed in the List of Areas with Particularly Difficult Socio-Economic Conditions under the Law on Investment shall enjoy investment incentives applicable to such areas.

2. Economic zones are investment-preferential areas and enjoy investment incentives applicable to areas listed in the List of Areas with Particularly Difficult Socio-Economic Conditions under the Law on Investment.

3. The objects, principles, and procedures for applying investment incentives for projects in industrial zones and economic zones shall be implemented in accordance with the provisions of the Law on Investment.

4. Costs for construction, operation, or leasing of apartment buildings and social infrastructure works serving workers in industrial zones and economic zones are reasonable costs deductible for calculating taxable income of enterprises with projects in industrial zones and economic zones.

Projects for constructing housing, cultural, sports facilities, and social infrastructure works serving workers in industrial zones and economic zones shall enjoy incentives in accordance with the Law on Social Housing and related laws.

5. Investors and enterprises with projects in industrial zones and economic zones shall be supported by competent authorities in implementing administrative procedures related to investment, business, land, construction, environment, labor, trade through a "one-stop" mechanism, recruitment of labor, and other related issues in project implementation.

Article 25. Methods for Mobilizing Capital Sources to Invest in Building Industrial Zone Infrastructure

1. Projects to develop infrastructure in industrial zones located in areas with difficult socio-economic conditions or extremely difficult socio-economic conditions shall be supported with capital from the central budget to invest in infrastructure according to the program of targeted investment in industrial zone infrastructure approved by the competent authority at each stage.

2. The People's Committee of the province shall balance local budget sources to support investors in developing technical infrastructure systems within and outside industrial zones; implement policies to encourage investors and mobilize other legitimate capital sources to invest in building industrial zone infrastructure.

Article 26. Methods for Mobilizing Capital Sources to Invest in Developing Technical Infrastructure Systems and Social Infrastructure in Economic Zones

1. Construction projects of technical infrastructure, social infrastructure, and important environmental protection and pollution treatment works in economic zones shall be allocated capital from local development budgets and targeted support funds from the central budget. Conditions, principles, and types of projects supported by the central budget shall be carried out in accordance with the regulations of the targeted support program for economic zone infrastructure approved by the competent authority.

2. Large-scale construction projects that play a key role in the development of economic zones may mobilize capital through bond issuance in accordance with the provisions of the law.

3. Technical infrastructure and social infrastructure construction projects, necessary public service and utility works in economic zones may use official development assistance (ODA) funds, preferential credit, and other technical assistance in accordance with the provisions of the law.

4. Attracting investment through BOT, BT, BTO forms, and other forms prescribed by the law on public-private partnership investment.

5. Investment and business projects to build functional area infrastructure in economic zones may mobilize capital through leasing part or all of the undeveloped land area to financially capable and experienced investors for investment and subsequent subleasing in accordance with the provisions of the law.

6. Projects to develop technical infrastructure and social infrastructure serving the common needs in economic zones may mobilize capital from land funds in accordance with the provisions of the law on land.

Article 27. Departure, Entry, Movement, and Residency in Economic Zones

1. Foreign nationals and overseas Vietnamese working, investing, or doing business in economic zones and their family members shall be granted multiple-entry visas valid for the appropriate period as prescribed; they may temporarily reside or permanently reside in economic zones and in Vietnam in accordance with the laws on residence and departure, entry, and residence of foreigners in Vietnam.

2. For border economic zones, departure, entry, and residency shall be implemented as follows:

a) Citizens of neighboring countries sharing a border opposite the border economic zone may cross the border checkpoint into the border economic zone using a border pass issued by the competent authority of the neighboring country or other valid documents as prescribed by law, consistent with international treaties between Vietnam and the relevant neighboring country; the temporary stay period for citizens of neighboring countries entering the border economic zone with a border pass is a maximum of 15 days, and the border pass must have at least 45 days remaining validity before the date of entry; if they wish to travel to other locations within the province where the border economic zone is located, the provincial police authority shall issue a single-use permit valid not more than 15 days;

b) Individuals holding passports not exempt from visa requirements (citizens of neighboring countries sharing a border or third countries) shall be exempt from visa upon entry and allowed to stay in the border economic zone for up to 15 days; if traveling to other regions of Vietnam under a tour program organized by Vietnamese international travel agencies, the competent immigration authority shall consider issuing an entry visa at the border checkpoint;

c) Cargo transport vehicles of neighboring countries and third countries may enter the border economic zone based on business contracts between foreign partners and Vietnamese enterprises, implementing the provisions of the Road and Inland Waterway Transport Agreements between Vietnam and neighboring countries sharing a border, subject to inspection and supervision by border forces; if these transport vehicles need to deliver goods at locations outside the border economic zone, they must comply with current regulations;

Crew members (ship crew members, drivers, and assistants) may enter and exit the border economic zone using passports, crew lists, border identity cards, or border passes issued by foreign authorities, consistent with international treaties between Vietnam and relevant neighboring countries;

d) Vietnamese consignors, vehicle owners, and drivers engaged in business relations with neighboring counterparts may carry goods and vehicles across the border using border passes or other valid documents issued by Vietnamese authorities;

đ) Vietnamese citizens residing and operating in communes, wards, towns with border economic zones may cross into neighboring countries using border passes or other valid documents consistent with international treaties between Vietnam and relevant neighboring countries if permitted by the latter.

Article 28. Financial and Credit Provisions for Economic Zones

1. Transactions such as purchase, payment, transfer, and other business dealings between organizations and individuals operating within border economic zones may be conducted using Vietnamese Dong, Chinese Renminbi, Lao Kip, Cambodian Riel, and freely convertible foreign currencies in accordance with laws on foreign exchange management.

2. Credit institutions are permitted to establish and operate within economic zones in accordance with laws on credit institutions.

3. Domestic and international tourists visiting duty-free areas within border economic zones shall enjoy tax benefits when purchasing imported goods to bring back to domestic territory in accordance with laws on taxes applicable to duty-free areas within border economic zones.

4. Organizations and individuals who have achieved success in mobilizing non-repayable official development assistance funds and investment projects into economic zones shall be commended and rewarded according to the Regulations issued by the Provincial People's Committee after obtaining the approval of the Ministry of Finance.

Article 29. Temporary Residence in Industrial Zones and Export Processing Zones

1. Residential activities are not allowed within industrial zones and export processing zones.

2. Only investors, workers in export processing zones and export processing enterprises, and persons having work-related connections with agencies, organizations, and export processing enterprises are permitted to enter and exit export processing zones and export processing enterprises.

3. In cases of necessity, foreigners (including managers, executives, and experts) may be allowed temporary residence at enterprises within industrial zones and export processing zones in accordance with regulations of the Provincial People's Committee. The temporary residence of foreigners must meet the following conditions:

a) To serve the production and business operations of the enterprise;

b) Without accompanying family members;

c) Must comply with current procedures for registration and declaration of temporary residence for foreigners in Vietnam;

d) The accommodation of foreign managers, executives, and experts must be separate from the production area and office; it must meet the standards set forth in the construction law for housing; the enterprise is responsible for registering temporary residence for foreigners and committing to ensure security, order, and not affecting the operation of the industrial zone and export processing zone.

Article 30. Special Provisions Applicable to Export Processing Zones and Export Processing Enterprises

1. Export processing zones and export processing enterprises are subject to provisions applicable to customs-regulated areas and duty-free zones, except for special provisions applicable to duty-free zones within border economic zones. Export processing enterprises are specified in the Investment Registration Certificate or in the document of the competent investment registration authority in cases where the investment registration certificate issuance procedure is not required. The investment registration authority is responsible for seeking the opinion of the competent customs authority regarding the ability to meet customs inspection and supervision conditions before issuing the Investment Registration Certificate or confirming in writing to the investor.

2. Within industrial zones, there may be specialized industrial zones for export processing enterprises. Export processing zones, export processing enterprises, or specialized industrial zones for export processing enterprises are separated from the external territory by a fence system, equipped with ports and entrances/exits, ensuring conditions for customs inspection, supervision, and control in accordance with regulations applicable to duty-free zones, as stipulated in laws on export duties and import duties.

3. Export processing enterprises are permitted to purchase construction materials, office supplies, foodstuffs, and consumer goods from the domestic market of Vietnam for construction purposes, to serve the operation of the office machinery, and the living needs of employees working at the enterprise.

Export processing enterprises and sellers supplying goods to export processing enterprises may choose whether or not to perform export and import procedures for construction materials, office supplies, foodstuffs, and consumer goods from the domestic market of Vietnam.

4. Customs procedures, inspections, and customs supervision for goods exported and imported by export processing zones and export processing enterprises shall be carried out in accordance with laws on customs.

5. The exchange of goods between export processing zones and export processing enterprises and other areas within the territory of Vietnam, excluding duty-free zones, is considered as export and import transactions, except for the cases provided for in Clause 3 of this Article and cases exempted from customs procedures as prescribed by the Ministry of Finance.

Export processing enterprises are permitted to sell assets and goods for liquidation to the domestic market in accordance with laws on investment and trade. At the time of sale and liquidation to the domestic market, the management policy for export and import goods does not apply, except for goods that require specific conditions, standards, and specialized inspections upon import; goods managed by permits must obtain written consent from the importing permit-granting authority.

Employees working in export processing zones and export processing enterprises are not required to declare customs when bringing foreign currency from the domestic market of Vietnam into export processing zones and export processing enterprises and vice versa.

7. When permitted to engage in trading activities and related activities directly related to trading activities in Vietnam, export processing enterprises must maintain separate accounting records for revenues and expenses related to trading activities in Vietnam and allocate a separate storage area for goods distinct from the storage area serving production activities of the export processing enterprise or establish a separate branch outside the export processing enterprise and export processing zone to carry out these activities.

Branches of export processing enterprises are subject to the mechanisms applicable to export processing enterprises as stipulated in this Article if they meet the conditions set forth in Clause 2 of this Article, are established within export processing zones, industrial zones, and economic zones, and are accounted for as dependent entities of the export processing enterprise.

Article 31. Rights, obligations of enterprises operating in industrial zones, economic zones and investors developing infrastructure in industrial zones, economic zones

1. Enterprises operating in industrial zones, economic zones and investors developing infrastructure in industrial zones, economic zones shall have full rights and obligations of investors as prescribed by laws on investment, enterprises, and related laws.

2. Investors developing infrastructure in industrial zones, functional areas within economic zones shall set prices for leasing and subleasing land that has been developed with technical infrastructure and other related infrastructure usage fees according to the provisions of the law and register with the Management Board of the industrial zone, economic zone regarding the price framework and types of fees. The registration of the price framework and fees shall be conducted periodically every six months or when there are adjustments different from the registered price framework.

3. In cases where an investment project for developing infrastructure in an industrial zone involves multiple investors, these investors shall jointly bear the responsibility for ensuring the synchronization of technical infrastructure in the industrial zone as stipulated in this Decree.

4. Investors developing infrastructure in industrial zones and investors leasing or subleasing land already equipped with infrastructure in industrial zones may construct and lease various types of factories, including high-rise factories in industrial zones, in accordance with the laws on construction, guidelines of the Ministry of Construction, and other relevant laws.

5. Investors developing infrastructure in industrial zones and functional areas within economic zones shall be responsible for constructing, operating centralized wastewater treatment plants, and other environmental protection facilities (if any), in accordance with the laws on environmental protection.

6. Investors developing infrastructure in industrial zones and functional areas within economic zones, which receive state budget support for infrastructure development in industrial zones and functional areas within economic zones, shall be responsible for maintaining, servicing, and operating such infrastructure systems to serve the production and business activities of enterprises leasing land in industrial zones and functional areas within economic zones.

In cases of transferring investment projects or implementing the corporatization of state-owned enterprises, the handling of assets formed from state budget support for industrial zones and functional areas within economic zones shall be carried out in accordance with the laws on state capital management and corporatization.

7. Comply with regulations on security, public order, safety, labor hygiene, corporate culture, environmental protection, and fire prevention and explosion prevention. Coordinate with police forces and competent authorities to develop plans for fire prevention and explosion prevention, ensuring security, public order, and social safety in the area.

8. Implement statistical reporting work and submit reports to competent authorities as prescribed by law.

Article 32. Development of housing and social, cultural, and sports facilities for workers in industrial zones, economic zones

1. The State encourages organizations and individuals to invest in building housing for workers to lease in industrial zones and economic zones; employers, enterprises developing infrastructure in industrial zones and economic zones shall participate in investing in building housing, social, cultural, and sports facilities for workers in industrial zones and economic zones.

2. Housing and social, cultural, and sports facilities built as prescribed in Clause 1 of this Article must meet standards concerning area, quality of construction, aesthetics, safety, and environment as prescribed by law.

3. People's Committees at all levels shall create favorable conditions for workers to use health, education, social, cultural, and sports services in their locality.

4. Planning for housing and social, cultural, and sports facilities for workers in industrial zones shall be closely linked to planning for industrial zones in the locality. Provincial People's Committees shall plan and allocate suitable land plots for agencies, organizations, and enterprises to build housing and social, cultural, and sports facilities for workers in industrial zones. During the process of implementing procedures for investment projects to develop infrastructure in industrial zones, investors developing infrastructure in industrial zones must report to the investment registration authority the solutions for providing housing and social, cultural, and sports facilities for workers in industrial zones.

For industrial zones facing difficulties in housing and social, cultural, and sports facilities for workers, based on specific conditions, upon the recommendation of investors developing infrastructure in industrial zones and provincial People's Committees, the Ministry of Planning and Investment, in coordination with the Ministry of Construction, shall submit to the Prime Minister for approval to adjust the area of industrial zones in the planning for industrial zone development to allocate part of the land in industrial zones that have been cleared for the construction of social housing and social, cultural, and sports facilities for workers. After obtaining the Prime Minister's consent, provincial People's Committees shall approve the adjustment of the industrial zone construction planning in accordance with the construction law.

In cases where the planning for housing and social, cultural, and sports facility development is adjacent to industrial zones, provincial People's Committees shall approve the planning for industrial zone construction linked to the planning for housing and cultural, sports facilities for workers in industrial zones.

The Ministry of Finance and related ministries and sectors shall be responsible for prescribing and guiding the application of investment incentives and encouragement for projects investing in housing, social, cultural, and sports facilities in industrial zones and economic zones.

Chapter IV

SOME TYPES OF INDUSTRIAL ZONES

Section 1. GENERAL PROVISIONS

Article 33. Development of Supporting Industrial Zones and Eco-industrial Zones

1. The State encourages and implements measures to support organizations and individuals in establishing new or converting entirely or partially industrial zones within the approved planning framework to operate under the model of supporting industrial zones and eco-industrial zones as stipulated in this Decree.

2. Investors developing infrastructure and land lessees, sublessees of land with existing infrastructure in supporting industrial zones and eco-industrial zones shall enjoy incentives applicable to investment in industrial zones, incentives based on location and industry according to the law, and support from competent state agencies regarding administrative procedures, technical consultancy, investment promotion, and provision of information on joint ventures as stipulated in this Decree.

Section 2. SUPPORTING INDUSTRIAL ZONES

Article 34. Objectives for Developing Supporting Industrial Zones

1. Developing supporting industrial zones aims to concretize and implement strategies and plans for the development of key industries and supporting industries during each period.

2. Establish production linkages between industrial zones and enterprises within these zones; innovate foreign direct investment structures; transfer advanced and modern production technologies and skills through business cooperation and investment between domestic and foreign enterprises in the field of supporting industries.

Article 35. Policies Encouraging the Development of Supporting Industrial Zones

1. For projects investing in the development of infrastructure in supporting industrial zones, including specialized supporting industrial zones:

a) Exemption or reduction of land lease fees according to laws on land; leasing of land for a term not exceeding seventy years;

b) Priority in obtaining state credit investment funds, concessional ODA loans, and consideration for government guarantees to raise foreign capital and to implement lawful forms of raising capital according to laws on enterprises, credit, and related laws;

c) Inclusion in the list of national key projects to call for partner investments.

2. For projects investing in the production of supporting industrial products in supporting industrial zones:

a) Enjoyment of tax incentives on corporate income tax, export tax, import tax, and other supports according to laws on taxes, supporting industry development, and other relevant laws;

b) In cases where production of products listed in the priority development catalog of supporting industrial products according to laws on supporting industry development, competent state agencies shall assist in completing the confirmation of incentives within thirty days;

c) Priority participation in training programs, startup support, small and medium enterprise support, and other programs implemented by competent state agencies.

3. Projects investing in the development of infrastructure in supporting industrial zones, specialized supporting industrial zones must meet the following conditions simultaneously to be eligible for incentives as provided for in Clause 1 of this Article:

a) The investor developing infrastructure in the industrial zone clearly specifies the priority industries and trades for attracting investment according to the Government's regulations on supporting industries;

b) The proportion of industrial land area allocated for investment projects in supporting industries leasing or subleasing must reach at least sixty percent of the total industrial land area available for lease in the industrial zone;

c) The contents specified in point a and point b of this clause and the type of supporting industrial zone must be specifically committed by the investor in the project investment development infrastructure dossier. Competent authorities will specify the type of supporting industrial zone in the investment decision, Investment Registration Certificate, or registration agency document in cases not requiring issuance of an Investment Registration Certificate according to investment laws.

PART 3. INDUSTRIAL - URBAN - SERVICE ZONES

Article 36. Objectives for Developing Industrial - Urban - Service Zones

1. To form a synchronized area in terms of technical and social infrastructure, enhancing the operational efficiency of industrial zones, and linking the development of industrial zones with urbanization processes in localities.

2. To address housing, cultural facilities, sports venues, and other social amenities to ensure the living standards of workers in industrial zones, promoting sustainable industrial zone development.

3. To contribute to rational population distribution in key areas with numerous industrial zones, developing new urban areas with synchronized technical and social infrastructure.

4. To establish modern living and working environments with full amenities and utilities for residents and workers, aiming to develop industrial cities and smart urban areas meeting international standards.

Article 37. Procedures and Formalities for Planning Industrial - Urban - Service Zones

1. The procedures and formalities for adjusting and supplementing industrial - urban - service zones in the planning for industrial development and establishing industrial urban - service zones shall be carried out according to the procedures and formalities for adjusting and supplementing the planning for industrial development and establishing industrial zones as stipulated in this Decree.

2. In addition to the contents prescribed in Article 6 of this Decree, the dossier for adjusting and supplementing industrial - urban - service zones in the planning for industrial development shall include the following additional contents:

a) The scale, area, and land use structure of each functional zone of industry, urban areas, and services; evaluation of the suitability between the demand for social utility services in the industrial zone and the scale of the urban - service area;

b) The compatibility of each functional zone with related planning.

Article 38. Procedures and Formalities for Investing in Industrial - Urban - Service Zones

1. An industrial - urban - service zone may have one investor or multiple different investors to carry out investment and development of the entire industrial zone's infrastructure and functional zones.

2. In cases where investment and development of the industrial - urban - service zone's infrastructure are conducted within an overall project, the investor shall follow the procedures and formalities for investment projects for developing industrial zone infrastructure as prescribed by laws on investment.

If investment is carried out separately for each functional zone, then the investor of that functional zone shall follow the corresponding procedures and formalities for investment projects as prescribed by laws on investment and relevant specialized laws.

3. Urban - service functional zones can only be implemented simultaneously or after the completion of basic infrastructure construction projects in the industrial zone.

Investors of the functional zones have the responsibility to coordinate to ensure synchronization in technical infrastructure; urban - service functional zones must support the provision of social infrastructure services for workers in the industrial zone.

4. After completing the investment procedures as prescribed by laws on investment and this Decree, the implementation of construction and management of functional zones within the industrial - urban - service zone shall be carried out according to the relevant laws corresponding to each functional zone.

Article 39. Investment incentives for industrial zones - urban areas - services

1. Investors of projects to develop infrastructure in industrial zones - urban areas - services shall independently account for production and business activities of functional zones.

Functional zones shall enjoy investment incentives on corporate income tax, export tax, import tax, reduction or exemption of land rental fees, and other investment incentives as prescribed by relevant laws on taxes, land, and other related laws corresponding to each functional zone.

2. Investors engaged in production and business within the industrial zone of an industrial zone - urban area - service area shall benefit from investment incentives applicable to industrial zones as stipulated herein. Investors engaged in production and business within other functional zones of an industrial zone - urban area - service area shall benefit from investment incentives as prescribed by relevant laws corresponding to each functional zone.

Section 4. ECOLOGICAL INDUSTRIAL ZONES

Article 40. Objectives for developing ecological industrial zones

1. Enhance the economic efficiency of enterprises in industrial zones through the application of cleaner production measures, efficient resource utilization, and the establishment of industrial symbiosis linkages.

2. Improve environmental protection within and around industrial zones by reducing pollution sources and waste, encouraging the use of clean technologies, cleaner production methods, and environmentally friendly practices.

3. Form a competitive enterprise community within industrial zones that protects and develops the living environment for surrounding communities, and achieves sustainable development goals.

Article 41. Policies to encourage the development of ecological industrial zones

1. Encourage investors to develop infrastructure in industrial zones to complete technical and social infrastructure, provide high-quality industrial zone infrastructure services, connect and support enterprises within industrial zones to implement industrial symbiosis and transform into ecological industrial zones.

2. Encourage enterprises within industrial zones to improve management and operation processes, innovate and apply technologies towards cleaner production, reduce pollution sources, reuse waste and scrap materials, and efficiently utilize resources.

Enterprises within industrial zones are encouraged to cooperate with each other or with third parties to share infrastructure services, raw materials, and production inputs; they are permitted to reuse their own and other enterprises' waste, scrap materials, and surplus energy within the industrial zone to reduce costs, enhance operational efficiency, and competitiveness.

The establishment of new ecological industrial zones shall be carried out through planning and reasonable zoning to attract businesses in similar industries or supportive sectors to facilitate the implementation of industrial symbiosis.

The management board of industrial zones and economic zones shall entrust a public service unit under its management or a suitable unit to perform the function of providing information databases and connecting enterprises to implement industrial symbiosis linkages.

Agencies, organizations, and investors are encouraged to establish systems of databases on efficient resource use within industrial zones to support and connect enterprises in implementing industrial symbiosis activities.

Article 42. Criteria for Determining Eco-Industrial Zones

1. Investors developing industrial zone infrastructure and businesses within the industrial zone strictly comply with legal regulations on production and business operations, environmental protection, and labor; investors are encouraged to apply production management systems and environmental standards according to the International Organization for Standardization (ISO) standards as appropriate.

2. Investors developing industrial zone infrastructure provide all basic services within the industrial zone as prescribed by law, including essential infrastructure services (electricity, water, information, fire prevention, firefighting...) and related services.

3. At least 90% of businesses within the industrial zone have awareness of efficient resource utilization and cleaner production, and at least 20% of businesses within the industrial zone implement solutions for efficient resource utilization and cleaner production, innovate and improve management methods and production technology to reduce waste and pollutants, reuse waste and scrap materials.

4. Allocate at least 25% of the land area of the industrial zone for greenery projects, transportation, and shared service infrastructure according to construction standards set by the Ministry of Construction.

5. Implement at least one industrial symbiosis linkage and at least 10% of the total number of businesses within the industrial zone have plans to participate in industrial symbiosis linkages.

6. Have measures to ensure housing and social, cultural, and sports facilities for workers employed within the industrial zone.

7. Investors developing industrial zone infrastructure and businesses within the industrial zone have mechanisms to coordinate in monitoring inputs and outputs of the industrial zone regarding energy use, water, essential production materials, hazardous chemical management; prepare annual reports on resource efficiency achievements and industrial zone emission monitoring results, report to the industrial zone management board, economic zone management board of the locality.

8. Annually, investors developing industrial zone infrastructure publish environmental protection implementation reports, social responsibility, and contributions to the surrounding community to the industrial zone management board, economic zone management board of the locality and post on the company's website.

Article 43. Incentives for Businesses in Eco-Industrial Zones

1. Industrial zones meeting the criteria stipulated in Article 42 of this Decree shall be certified as eco-industrial zones by the People's Committee of the province where the industrial zone is located after consulting the Ministry of Planning and Investment, the Ministry of Natural Resources and Environment, the Ministry of Industry and Trade, and the Ministry of Construction.

2. Businesses within eco-industrial zones participating in cleaner production activities, efficient resource utilization, and industrial symbiosis operations shall be certified as eco-businesses within the industrial zone by the industrial zone management board, economic zone management board.

3. Businesses developing eco-industrial zone infrastructure and eco-businesses shall be prioritized for preferential loans from the Vietnam Environmental Protection Fund, the Vietnam Development Bank, and domestic and international financial funds and sponsors to construct technical infrastructure for the industrial zone, implement cleaner production measures, efficient resource utilization, and industrial symbiosis solutions.

4. Businesses developing eco-industrial zone infrastructure and eco-businesses shall be prioritized to participate in technical support programs and investment promotion programs organized and managed by state agencies.

5. Businesses within eco-industrial zones shall be prioritized to receive relevant information about technology markets and cooperation capabilities to implement industrial symbiosis in their business production and operation fields.

Article 44. Procedures and formalities for registering eco-industrial park certification

1. The investor developing the infrastructure of the industrial park shall prepare four sets of registration files for eco-industrial park certification, explaining in detail the compliance with the criteria stipulated in Article 42 of this Decree, and submit them to the Management Board of the industrial park or economic zone of the locality. The Management Board of the industrial park or economic zone shall assign a permanent department responsible for receiving registration files for eco-industrial park certification.

2. Within three working days from the date of receipt of the registration file, the Management Board of the industrial park or economic zone shall send the file to the Ministry of Planning and Investment, the Ministry of Natural Resources and Environment, the Ministry of Industry and Trade, and the Ministry of Construction to seek their opinions.

3. Within seven working days from the date of receipt of the request from the Management Board of the industrial park or economic zone, the agencies specified in Clause 2 of this Article shall provide their opinions on the compliance with the criteria for eco-industrial parks stipulated in Article 42 of this Decree.

4. Within fifteen working days from the date of receipt of the opinions of the agencies specified in Clause 2 of this Article, the Management Board of the industrial park or economic zone shall organize the preparation of a report evaluating the compliance with the criteria stipulated in Article 42 of this Decree.

5. In case the evaluation results meet the requirements, the Management Board of the industrial park or economic zone shall report to the People's Committee of the province to issue the Certificate of Eco-Industrial Park for the industrial park. The certificate shall be notified to the investor immediately upon issuance.

6. In case the evaluation results do not meet the requirements, within three working days from the date of receipt of the evaluation results, the Management Board of the industrial park or economic zone shall notify the enterprise in writing of the reasons for non-compliance.

7. In case of certification of eco-enterprises as stipulated in Clause 2 of Article 43 of this Decree, within fifteen working days from the date of receipt of the registration file for eco-enterprise certification submitted by the enterprise, the Management Board of the industrial park or economic zone shall seek the opinions of relevant agencies to consider and certify the enterprise as an eco-enterprise.

Chapter V

STATE MANAGEMENT OF INDUSTRIAL PARKS AND ECONOMIC ZONES

Article 45. Contents of state management over industrial parks and economic zones

1. Developing and directing the implementation of planning, plans, and policies for the development of industrial parks and economic zones.

2. Issuing, guiding, disseminating, and organizing the implementation of policies, laws, and technical standards related to the establishment, investment, construction, development, and management of activities in industrial parks and economic zones; building and managing information systems on industrial parks and economic zones; organizing investment promotion activities in industrial parks and economic zones.

3. Issuing, adjusting, revoking decisions on investment orientation, Investment Registration Certificates, Enterprise Registration Certificates, various licenses, certificates, and certifications; organizing the implementation of administrative procedures and support services related to investment and business operations of organizations and individuals in industrial parks and economic zones.

4. Organizing the machinery, training, and professional development for state management agencies of industrial parks and economic zones.

5. Guiding, supporting, assessing the effectiveness of investment, inspecting, supervising, inspecting, handling complaints and denunciations, rewarding, dealing with violations, and resolving issues arising during the formation and development of industrial parks and economic zones.

Article 46. State Management Authority and Responsibilities for Industrial Zones and Economic Zones

1. The Government shall uniformly manage state affairs concerning industrial zones and economic zones nationwide based on the specific division of tasks and authorities among ministries, sectors, provincial People's Committees, and Industrial Zone and Economic Zone Management Boards as stipulated in this Decree; it shall direct the development and implementation of planning and plans for the development of industrial zones and economic zones, and promulgate policies and regulatory legal documents on industrial zones and economic zones.

2. The Prime Minister shall have the authority and responsibility to:

a) Direct ministries, sectors, provincial People's Committees, and Industrial Zone and Economic Zone Management Boards to implement laws and policies regarding industrial zones and economic zones;

b) Approve and adjust development planning for industrial zones and economic zones;

c) Decide on investment policies for projects within its jurisdiction; decide on the establishment and expansion of economic zones; approve and adjust General Construction Planning for economic zones; permit the expansion and reduction of approved land areas, and change the purpose of land use in industrial zones and functional zones within economic zones;

d) Direct the resolution of issues arising during the planning, investment, establishment, operation, and management of industrial zones and economic zones that exceed the jurisdiction of ministries, sectors, provincial People's Committees, and Industrial Zone and Economic Zone Management Boards.

3. Ministries, sectors, and provincial People's Committees within their respective functions, tasks, and authorities shall be responsible for implementing state management functions over industries, fields, and territorial administration in industrial zones and economic zones; they shall guide and specify the delegation of authority or authorization to Industrial Zone and Economic Zone Management Boards to perform certain state management tasks within their jurisdiction as prescribed in this Decree and relevant laws.

Article 47. State Management Authority and Responsibilities of the Ministry of Planning and Investment

1. Lead and assist the Government in uniformly managing state affairs concerning industrial zones and economic zones.

2. Lead and coordinate with the Ministry of Construction, the Ministry of Natural Resources and Environment, the Ministry of National Defense, the Ministry of Industry and Trade, and related ministries, sectors, and provincial People's Committees to develop and adjust Development Planning for industrial zones and economic zones, and submit them to the Prime Minister for approval.

3. Lead and coordinate with relevant ministries and sectors to develop legal documents and policies for the development of industrial zones and economic zones, and submit them to competent state agencies for issuance.

4. Lead and coordinate with relevant ministries and sectors to guide the construction of eco-industrial zones.

5. Lead and coordinate with relevant ministries and sectors to guide, train, and provide professional development for Industrial Zone and Economic Zone Management Boards.

6. Lead and coordinate with the Ministry of Finance and relevant ministries and sectors to propose budget support schemes from the central government for infrastructure development projects in industrial zones located in regions with difficult socio-economic conditions according to the Prime Minister's Decision; schemes for central government budget investment in technical and social infrastructure systems in economic zones as prescribed in this Decree; and mechanisms to mobilize other sources of capital for the development of infrastructure in industrial zones and economic zones.

7. Lead and coordinate with relevant ministries, sectors, provincial People's Committees, and Industrial Zone and Economic Zone Management Boards to develop and implement national programs and plans for promoting investment in industrial zones and economic zones.

8. Develop and manage information systems on industrial zones and economic zones; issue periodic reporting forms and provide information on industrial zones and economic zones to related government agencies.

9. Summarize and evaluate the economic and social outcomes of industrial zones and economic zones.

10. Lead and coordinate with the Ministry of Home Affairs to guide the implementation of functions, tasks, and organizational structures of Industrial Zone and Economic Zone Management Boards.

11. Lead the issuance of guidelines for reporting and statistical systems on industrial zones and economic zones.

Article 48. Powers and responsibilities of the Ministry of Home Affairs for state management

1. Guide the establishment, classification, ranking, and reorganization of Industrial Zone Management Boards and Economic Zone Management Boards.

2. Review the Project on the establishment and reorganization of Industrial Zone Management Boards and Economic Zone Management Boards and submit to the Prime Minister for consideration and decision.

Article 49. Powers and responsibilities of the Ministry of Finance for state management

1. Prescribe financial mechanisms and policies for Industrial Zone Management Boards, Economic Zone Management Boards, public service units acting as project investors for industrial infrastructure development, and economic organizations related to industrial zones and economic zones in accordance with the provisions of the law.

2. Guide the implementation of the provisions stipulated in Clause 4, Article 24 of this Decree.

Article 50. Powers and responsibilities of the Ministry of Construction for state management

1. Issue regulations guiding Industrial Zone Management Boards and Economic Zone Management Boards to perform state management tasks concerning construction for technical infrastructure projects, construction projects within industrial zones and economic zones; housing construction, cultural and sports facilities for workers in industrial zones and economic zones; urban management and development tasks within economic zones.

2. Issue regulations guiding the construction of high-rise factories within industrial zones and economic zones as prescribed in Clause 4, Article 31 of this Decree.

3. Issue regulations and guidelines for the delegation of authority to Industrial Zone Management Boards to carry out state management tasks concerning construction as prescribed in Point b, Clause 3, Article 63 of this Decree and certain state management tasks concerning construction within industrial zones and economic zones in accordance with the laws on construction.

4. Provide guidance on construction standards for eco-industrial zones.

Article 51. Powers and responsibilities of the Ministry of Industry and Trade for state management

1. Carry out state management over industry, import-export activities, and trade within industrial zones and economic zones; direct and guide the development of industries within industrial zones and economic zones according to approved regional and territorial industrial development strategies, plans, and programs.

2. Delegate authority to Industrial Zone Management Boards and Economic Zone Management Boards to issue Certificates of Origin for goods produced within industrial zones and economic zones when they meet the conditions for delegation.

3. Guide the issuance of licenses and other documents of equivalent value for the operation of goods under the specialized management of the Ministry of Industry and Trade.

4. Guide the conduct of goods trading activities and related activities directly linked to goods trading for economic organizations with foreign investment capital and foreign investors headquartered within industrial zones and economic zones.

Article 52. Powers and responsibilities of the Ministry of Natural Resources and Environment for state management

1. Issue guidelines for environmental management and protection within industrial zones and economic zones.

2. Guide the delegation of authority to Industrial Zone Management Boards and Economic Zone Management Boards to carry out state management tasks concerning the environment as prescribed in Point đ, Clause 3, Article 63 of this Decree and certain state management tasks concerning natural resources and the environment within industrial zones and economic zones in accordance with the laws on environmental protection.

3. Guide the reuse of waste, scrap materials, and surplus energy within eco-industrial zones under the powers and responsibilities of the Ministry of Natural Resources and Environment for state management.

Article 53. Powers and responsibilities for state management of the Ministry of Science and Technology

1. To take the lead, coordinate with, and guide localities in organizing technology appraisals, technology assessments, technological level evaluations, and technology transfer contract appraisals within industrial zones and economic zones.

2. To guide the management boards of industrial zones and economic zones in performing state management tasks related to science and technology within industrial zones and economic zones.

3. To guide the reuse of waste, scrap materials, and surplus energy within eco-industrial zones under the powers and responsibilities for state management of the Ministry of Science and Technology.

Article 54. Powers and responsibilities for state management of the Ministry of Labor, Invalids and Social Affairs

To guide the delegation of authority to the management boards of industrial zones and economic zones to perform state management tasks related to labor as stipulated in point c, Clause 3, Article 63 of this Decree and other relevant regulatory legal documents.

Article 55. Powers and responsibilities for state management of the Ministry of Public Security

1. To implement state management functions regarding security, public order, fire prevention and firefighting within industrial zones and economic zones.

2. To issue guidelines and implement state management tasks related to entry and exit, residence for economic zones.

3. To take the lead and coordinate with the Ministry of National Defense in guiding the implementation of regulations on departure, arrival, transit, and residence for foreigners within economic zones.

Article 56. Powers and responsibilities of the Ministry of National Defense

1. To implement state management functions regarding national defense and to coordinate with the Ministry of Public Security in safeguarding national security, maintaining public order, and social safety within economic zones and seaports located within economic zones in accordance with the law.

2. To direct and guide the Border Guard Force in organizing, deploying, and utilizing forces and means to carry out tasks of controlling departure, arrival, inspection, supervision over persons and means entering and exiting, and operating within economic zone border gates and seaports located within economic zones in accordance with the law. To take the lead and coordinate with the People's Public Security Forces, relevant sectors, and local authorities in ensuring security and public order, and social safety within economic zones and seaports located within economic zones in accordance with the law.

3. To coordinate with the Ministry of Public Security in guiding the implementation of legal provisions on departure, arrival, transit, and residence for foreigners within economic zones.

Article 57. Powers and responsibilities for state management of the Ministry of Culture, Sports and Tourism

1. To guide the management boards of industrial zones and economic zones in performing state management tasks related to tourism activities within economic zones.

2. To guide the management boards of industrial zones and economic zones in issuing, reissuing, amending, supplementing, and extending Certificates of Establishment for representative offices and branches within economic zones for foreign tourism enterprises.

Article 58. Powers and responsibilities for state management of the Government Inspectorate

To coordinate with relevant ministries and sectors in guiding inspection activities, handling complaints and grievances, and anti-corruption measures within industrial zones and economic zones in accordance with the law.

Article 59. Powers and Responsibilities of Ministries for State Management of Industries

In addition to the tasks and powers specified in Articles 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, and 58 of this Decree, ministries and ministerial-level agencies shall have the following powers and responsibilities for state management of industries and sectors within industrial zones and economic zones:

1. Provide written comments on investment projects under the Prime Minister's authority to decide on investment policies and projects in regulated investment areas and other projects carried out in industrial zones and economic zones according to laws on investment.

2. Issue conditions, procedures, and methods for managing and organizing the provision of administrative public services by the Industrial Zone Management Board and Economic Zone Management Board.

3. Guide, inspect, supervise, audit, and impose administrative penalties within their authority.

4. Guide the reuse of waste, scrap materials, and surplus energy in eco-industrial zones within their state management authority.

Article 60. Powers and Responsibilities of Provincial People's Committees for State Management of Industrial Zones and Economic Zones

1. Lead the development of plans for the growth of industrial zones and economic zones within their jurisdiction; decide on the establishment and expansion of industrial zones.

2. Organize the preparation of general construction plans for industrial zones as stipulated in Clause 5, Article 12 of this Decree and for economic zones.

3. Direct the preparation and approval of construction plans for industrial zones and functional areas within economic zones; decide on the use of state budget funds to support investors in building technical infrastructure systems inside and outside the fence of industrial zones and economic zones.

4. Direct the implementation of investment procedures for projects developing technical infrastructure in industrial zones and functional areas within economic zones during the period before the establishment of the Industrial Zone Management Board and Economic Zone Management Board according to laws on investment.

5. Issue specific preferential policies and incentives consistent with legal provisions regarding the priority recruitment and utilization of local labor, highly skilled workers, and experienced workers; support vocational training for workers in industrial zones and economic zones.

6. Plan land for resettlement areas, housing, social, cultural, and sports facilities for workers in industrial zones and economic zones; support investment in building housing for workers, resettlement areas, and social infrastructure systems according to legal regulations; support investment promotion, trade, and tourism; support compensation and land clearance to accelerate the development of industrial zones and economic zones.

7. Direct the recovery of land area, water surface, compensation, land clearance, and resettlement, and implement leasing or land allocation procedures in industrial zones and economic zones according to laws on land and related laws.

8. Direct relevant organizations to develop investment plans and organize the construction of technical infrastructure and social infrastructure systems outside the fence of industrial zones and economic zones such as roads, power supply systems, water supply and drainage systems, communication systems, technical connection points with infrastructure works inside the fence of industrial zones and economic zones, vocational training centers, housing, social, cultural, and sports facilities, medical facilities, schools, and other public facilities to meet the needs of industrial zone and economic zone development.

9. Lead the development of plans and balance capital to support the construction of technical infrastructure systems inside the fence of industrial zones and technical and social infrastructure systems of economic zones according to laws on public investment, state budget, and this Decree.

10. Direct the implementation of the "one-stop" administrative mechanism at the Industrial Zone Management Board and Economic Zone Management Board; issue and monitor the implementation of the Regulation on coordination between the Management Board and provincial government agencies; guide, assign tasks, or delegate authority to the Management Board to perform certain state management tasks in various fields according to this Decree.

11. Direct the implementation of planning, construction, labor, environmental protection, fire prevention, and public security regulations in industrial zones and economic zones.

12. Organize and coordinate the establishment of vocational training institutions locally to meet the labor demand of industrial zones and economic zones.

13. Organize, inspect, audit, and supervise the resolution of issues arising during the formation and development of industrial zones and economic zones; for issues exceeding their authority, they should cooperate with ministries and sectors to resolve them or submit them to the Prime Minister for consideration and decision.

14. Develop proposals for establishing and restructuring Industrial Zone Management Boards and Economic Zone Management Boards to ensure that each province and centrally-administered city has one such board; decide on the appointment of personnel to the positions of Director and Deputy Director of Industrial Zone Management Boards and Economic Zone Management Boards.

15. Allocate operational administrative and public service funding and development capital to Industrial Zone Management Boards and Economic Zone Management Boards according to laws on public investment and state budget; approve plans, allocate funding, and organize promotional activities for investment, trade, and tourism to develop industrial zones and economic zones.

16. Direct specialized and sectoral agencies in the locality responsible for trade, finance, customs, banking, police, and other related agencies to arrange authorized representatives to handle matters related to each industrial zone and economic zone when necessary.

17. Perform other state management tasks and powers concerning industrial zones and economic zones as prescribed by law.

Chapter VI

FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE INDUSTRIAL ZONE MANAGEMENT BOARD, EXPORT PROCESSING ZONE MANAGEMENT BOARD, AND ECONOMIC ZONE MANAGEMENT BOARD

Article 61. Functions of the Industrial Zone Management Board and Economic Zone Management Board

1. The Industrial Zone Management Board and Economic Zone Management Board is an agency under the provincial People's Committee implementing state management functions directly over industrial zones and economic zones within the province or centrally governed city according to this Decree and relevant laws; managing and organizing the provision of administrative public services and other supporting services related to investment and business operations for investors in industrial zones and economic zones.

2. The Industrial Zone Management Board and Economic Zone Management Board shall be established by decision of the Prime Minister and shall be subject to guidance and management regarding organization, staffing, work programs and plans, and operational funding by the provincial People's Committee; it shall also be subject to professional guidance, direction, and supervision by ministries and sectors responsible for industry and related fields; it has the responsibility to closely coordinate with specialized agencies under the provincial People's Committee in the management of industrial zones and economic zones.

3. The Industrial Zone Management Board and Economic Zone Management Board has legal personality; its account and seal bear the national emblem; administrative state management expenses, operational activity funds, and development investment capital are provided from the state budget annually and other sources as prescribed by competent state authorities.

Article 62. Delegation and Authorization of Functions and Tasks to the Industrial Zone Management Board and Economic Zone Management Board

1. Delegation and authorization to the Industrial Zone Management Board and Economic Zone Management Board must be linked to their capacity, level, and organizational structure, ensuring stability and creating conditions for the implementation of the "one-stop" administrative mechanism, supporting investors in conducting investment and business activities within industrial zones and economic zones.

2. Ministries and sectors shall take the lead and cooperate with the Ministry of Planning and Investment and the Ministry of Home Affairs to issue conditions and criteria for delegation and authorization in each field of management according to the principle of facilitating the implementation of the "one-stop" administrative mechanism by the Industrial Zone Management Board and Economic Zone Management Board while ensuring the effectiveness of state management in industrial zones and economic zones.

Article 63. Tasks and Authorities of the Industrial Zone Management Board and Economic Zone Management Board

1. Participate in providing opinions, drafting, and submitting for approval and implementation by relevant ministries, sectors, and the provincial People's Committee the following tasks:

a) Participate in providing opinions to relevant ministries, sectors, and the provincial People's Committee on the formulation of legal regulations, policies, and plans related to investment and development in industrial zones and economic zones;

b) Take the lead and coordinate with relevant agencies in formulating the Working Regulations with specialized agencies under the provincial People's Committee or related agencies to implement assigned tasks and authorities through the "one-stop" and "interconnected one-stop" mechanisms, submit for approval by the provincial People's Committee, and organize implementation;

c) Draft programs and plans for promoting investment and development in industrial zones and economic zones, submit for approval by the provincial People's Committee, and organize implementation;

d) Annually forecast labor demand in industrial zones and economic zones, coordinate with authorized agencies to supply labor to enterprises in industrial zones and economic zones;

đ) Prepare annual budget estimates, operational activity funds, and development investment capital for the Industrial Zone Management Board and Economic Zone Management Board, submit for approval by the competent authority according to the State Budget Law and relevant laws;

e) In accordance with delegated authority, coordinate with relevant agencies to organize technical assessments, evaluate technology levels, and review technology transfer contracts; inspect and supervise technology and technology transfer in investment projects, research and development activities, and technology application by businesses.

2. The Industrial Zone Management Board and Economic Zone Management Board shall perform the following tasks:

a) Manage, disseminate, guide, inspect, and supervise the implementation of regulations, plans, and programs related to industrial zones and economic zones approved by competent state authorities;

b) Register investments; issue, adjust, and revoke Investment Policy Decisions and Investment Registration Certificates, and agreements to ensure project implementation for investment projects within their jurisdiction according to the Investment Law;

c) Issue, reissue, adjust, extend, and revoke Representative Office Establishment Licenses and terminate Representative Office operations of foreign organizations and traders located in industrial zones and economic zones according to trade laws;

d) Lead inspections and coordinate with functional agencies when such agencies conduct inspections on the implementation of regulations, plans, and programs related to industrial zones and economic zones; propose competent authorities to impose administrative penalties for violations in areas under their management in industrial zones and economic zones;

đ) Receive registration of land rental frameworks, land sub-rental fees, and infrastructure fees in industrial zones and economic zones submitted by investors developing infrastructure in industrial zones and functional areas within economic zones;

e) Inspect and supervise the implementation of investment targets stipulated in investment policy approval documents and Investment Registration Certificates, progress of capital contributions, and project implementation; compliance with contractual commitments for investment incentive projects; adherence to construction, labor, wage, social insurance laws for workers, protection of legitimate rights of workers and employers, ensuring occupational safety and health, fire prevention, security and public order, environmental protection for projects in industrial zones and economic zones.

g) Cooperate with police units and other competent agencies in inspecting security maintenance, public order, fire prevention, and firefighting activities in industrial zones and economic zones; propose measures to implement security and public order assurance tasks, organize protective forces, firefighting forces in industrial zones and economic zones;

h) Resolve difficulties and obstacles for investors in industrial zones and economic zones; recommend the Prime Minister, relevant ministries, and provincial People's Committees to resolve issues beyond their authority;

i) Receive statistical reports and financial statements from enterprises operating in industrial zones and economic zones; evaluate investment effectiveness in industrial zones and economic zones;

k) Coordinate with the Ministry of Planning and Investment in building and managing information systems on industrial zones and economic zones under their management authority;

l) Report periodically to the Ministry of Planning and Investment, relevant ministries, and provincial People's Committees on the situation regarding: construction and development of industrial zones and economic zones; issuance, adjustment, and revocation of Investment Registration Certificates; implementation of investment projects; fulfillment of state obligations; compliance with labor laws and environmental protection measures in industrial zones and economic zones;

m) Support and provide information for enterprises in industrial zones and economic zones to collaborate in implementing industrial symbiosis, cleaner production methods, forming eco-industrial parks, supporting industrial zones, and industry clusters; take the lead and coordinate with relevant agencies to adjust the construction planning of industrial zones when transitioning to eco-industrial zones;

n) Organize competitive movements and awards for enterprises in industrial zones and economic zones;

o) Organize and coordinate with state management agencies in inspection, supervision, handling complaints and denunciations, anti-corruption, thrift, and administrative violation handling within the zone according to their authority;

p) Implement financial management tasks as stipulated by law and regulations of the provincial People's Committee; collect and manage various fees and charges; conduct scientific research and apply technological advancements; cooperate with domestic and foreign organizations and individuals in areas related to industrial zone construction and development; manage organizational structure, staffing, cadres, civil servants, and vocational training for the Industrial Zone Management Board;

q) Fulfill the role of advising the provincial People's Committee in planning, managing, and supporting the transformation and development of new industrial models;

r) Perform other tasks as prescribed by law or assigned by the provincial People's Committee;

3. Ministries, sectors, provincial People's Committees, and authorized agencies delegate the following tasks to the Industrial Zone Management Board:

a) Issue certificates of origin for goods produced in industrial zones and economic zones based on the authorization of the Ministry of Industry and Trade;

b) Adjust approved construction plans of industrial zones and functional areas in economic zones without changing the overall plan structure; approve tasks and detailed construction plans for projects in industrial zones and functional areas in economic zones that require detailed construction plans according to construction laws; issue construction project permits for projects requiring such permits in industrial zones and functional areas in economic zones; perform the authority to review projects and design estimates for construction projects in industrial zones and economic zones; issue, adjust, extend, and reissue construction permits for construction projects that require such permits according to construction laws; manage construction quality for projects in industrial zones and economic zones;

c) Issue, reissue, revoke labor permits, and confirm foreign workers not requiring labor permits for foreigners and overseas Vietnamese working in industrial zones and economic zones; receive explanations from enterprises about the need for foreign workers in positions where Vietnamese workers cannot meet requirements; implement labor regulation registration; receive collective labor agreements, wage scales, labor norms, employment reports, and changes in labor situations; receive and process applications for internship labor contracts, and activities sending workers abroad for internships up to 90 days; receive reports on mass layoffs, subcontracted labor, annual training results, and notifications about the location, start date, and key personnel of subcontracting enterprises; notify additional work hours from 200 to 300 hours annually for enterprises in industrial zones and economic zones;

d) Issue certain types of licenses, certificates, and certifications in industrial zones and economic zones;

đ) Organizing the assessment and approval of environmental impact reports for investment projects within the provincial People's Committee's decision-making authority in industrial zones and economic zones; receiving registration and confirming environmental protection plans for investment projects required to register in industrial zones and economic zones; assessing, approving, inspecting, and confirming detailed environmental protection programs and simple environmental protection programs for investment projects in industrial zones and economic zones; inspecting and confirming the implementation of environmental protection works and measures serving the operation phase of investment projects in industrial zones and economic zones.

4. The management board of industrial zones and economic zones is the lead agency managing investment activities in industrial zones and economic zones on its territory. Ministries, sectors, and local state management agencies when implementing specialized tasks in industrial zones and economic zones shall coordinate and seek the opinions of the management board of industrial zones and economic zones to ensure unified state management of industrial zones and economic zones, avoid overlapping, and facilitate business operations in accordance with the law.

Article 64. Tasks and powers of the management board of economic zones

In addition to the tasks and powers of the management board of industrial zones and economic zones stipulated in Article 63 of this Decree, the management board of economic zones also has the following tasks and powers:

1. Building and submitting to the provincial People's Committee for submission to the Prime Minister for decision within their authority:

a) General planning for construction in economic zones;

b) Bond issuance schemes; schemes for raising other sources of capital to invest in developing important technical infrastructure and social infrastructure in economic zones.

2. Building and submitting to relevant ministries, sectors, and the provincial People's Committee for approval and implementation:

a) Detailed land use planning for functional areas in economic zones that comply with the approved general planning for construction in economic zones and detailed land use planning in economic zones for approval by the provincial People's Committee;

b) Annual and five-year development plans for economic zones for approval by the provincial People's Committee and competent state agencies;

c) Lists of investment projects and annual and five-year development investment capital plans for approval by competent authorities or self-approval within their authority;

d) Establishing price frameworks and fees applicable in economic zones for approval and issuance by competent authorities in accordance with the law.

3. The management board of economic zones directs or organizes the implementation of the following tasks:

a) Issuing, reissuing, amending, supplementing, and extending licenses for representative offices and branches of foreign tourism enterprises in economic zones in accordance with the law and guidance or delegation from ministries, sectors, and the provincial People's Committee;

b) Hiring foreign consultants to provide investment promotion services, strategic investment construction and development advisory services for economic zones;

c) Deciding on investment for Group B and C projects using public investment funds in economic zones according to the delegation of the provincial People's Committee;

d) Proposing project lists, organizing investor selection, signing BOT, BTO, BT contracts, and other forms of contracts under the Public-Private Partnership Law for Group B and C projects according to the delegation of the provincial People's Committee; directly receiving, managing, and utilizing ODA funds;

đ) Managing and utilizing development investment funds for economic zones within their authority; managing investment, construction, and bidding for projects funded by development investment from the state budget in economic zones within their authority; managing and implementing administrative, public service revenue and expenditure, target programs, and other allocated funds in accordance with the law;

e) Leading and coordinating with related agencies to implement maintenance and upkeep of technical infrastructure and social infrastructure systems, service and public utility facilities invested from the state budget in economic zones;

g) Managing and utilizing dedicated land and water resources effectively in accordance with their designated purposes and in compliance with the general planning for construction in economic zones, detailed planning for functional areas, and approved land use planning and plans;

h) Reassigning land with land use payment, reassigning land without land use payment, leasing land, and exercising other land management authorities in economic zones in accordance with the Land Law;

i) Coordinating with local authorities and related agencies to ensure activities in economic zones comply with approved planning and development plans for economic zones and relevant regulations.

Article 65. Organizational Structure and Staffing of Industrial Zones Management Board and Economic Zones

1. The Industrial Zones Management Board and Economic Zones Management Board shall consist of the Chairman, not more than three Deputy Chairmen; and the administrative support staff.

The Chairman shall be appointed and relieved of duty by the Provincial People's Committee. The Deputy Chairmen shall be appointed and relieved of duty by the Provincial People's Committee upon the recommendation of the Chairman.

2. The Chairman is responsible for managing all activities of the Industrial Zones Management Board and Economic Zones Management Board, and shall be accountable to the Provincial People's Committee regarding the operation and effectiveness of the industrial zones and economic zones under their management.

3. The organizational structure of the Industrial Zones Management Board and Economic Zones Management Board includes: Administrative support staff (Office, specialized and functional departments, and representatives of the Management Board within the industrial zones and economic zones); affiliated public service units performing public interest tasks, investment support services, and business operations for investors within the zones and other organizations in accordance with the development situation of the industrial zones and economic zones and the duties and powers of each type of Industrial Zones Management Board and Economic Zones Management Board as prescribed by the competent authority and the law.

4. The establishment of specialized and functional departments must ensure compliance with the following conditions and criteria:

a) Organizing multi-sectoral and multi-disciplinary departments; the areas of work managed by the department must have clear management procedures or objects that align with the duties and powers of the Industrial Zones Management Board and Economic Zones Management Board;

b) A minimum of seven staff positions must be allocated;

c) One Deputy Department Head for departments with seven to nine staff positions, and not more than two Deputy Department Heads for departments with ten or more staff positions;

d) The number of Deputy Heads of the Office of the Industrial Zones Management Board and Economic Zones Management Board, and the representative office at the industrial zone, shall be organized in the same manner as for specialized and functional departments;

đ) The number of Deputy Heads of the heads of public service units under the Industrial Zones Management Board and Economic Zones Management Board shall not exceed two persons.

5. The staffing of civil servants and the number of personnel working in public service units of the Industrial Zones Management Board and Economic Zones Management Board shall be assigned based on job positions, linked to functions, tasks, scope of activities, and within the total number of civil servant positions and personnel in administrative agencies and public service units of the province or centrally-administered city approved or ratified by the competent authority.

Chapter VII

IMPLEMENTING PROVISIONS

Article 66. Transitional Provisions

1. Industrial zones and economic zones that have completed planning, investment, and establishment procedures in accordance with the law before the effective date of this Decree shall not need to implement additional planning, investment, and establishment procedures as stipulated in this Decree.

2. Adjustments and implementation of plans for the development of industrial zones, coastal economic zones, border economic zones, and other industrial and economic zones plans already approved by the competent authority shall continue to be implemented according to the approved plans and the provisions of this Decree until December 31, 2020, except for cases where the local industrial and economic zones plans have regional or provincial plans approved under the Planning Law prior to this date.

3. The organization of planning for the development of industrial zones, coastal economic zones, border economic zones, and other industrial and economic zones plans after December 31, 2020, shall be carried out in accordance with the laws on planning management.

Article 67. Effective Date

1. This Decree takes effect from July 10, 2018.

2. Decree No. 29/2008/NĐ-CP dated March 14, 2008 of the Government on industrial zones, export processing zones, and economic zones, Decree No. 164/2013/NĐ-CP dated December 11, 2013 of the Government amending and supplementing Decree No. 29/2008/NĐ-CP, and Decree No. 114/2015/NĐ-CP dated November 9, 2015 of the Government amending and supplementing Article 21 of Decree No. 29/2008/NĐ-CP shall become invalid from the date this Decree takes effect.

Article 68. Implementation organization

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the central government, Directors of industrial zones, export processing zones, economic zones, and related organizations and individuals shall be responsible for implementing this Decree./.