Particularly
in 2021: Industrial production value reached 1,259,210 billion dong; Export
value reached 38.5 billion USD. In the first 6 months of 2022, the export value
has reached $21.3 billion (equivalent to 131% of the value of the same period
in 2021), the whole industrial zone's export outlook in 2022 will reach over
$40 billion. Enterprises in industrial zones are creating jobs for more than
320,000 workers. In the first 6 months of 2022, budget revenue and payment reached
6,400 billion dong, expected to reach over 13,000 billion dong in 2022.
Through
the process of operation according to the provisions of Decree No .82/2018/ND-CP
and now Decree No. 135/2022/ND-CP dated May 28, 2022 of the Government on
management of industrial parks and zones economy; The Bac Ninh Industrial Zones Authority realizes
that there are a number of difficulties and obstacles as follows:
1.
Regarding decentralization and authorization: Currently, in addition to the
investment sector that is decentralized according to regulations, for other
fields such as labor, environment,..., the Bac Ninh IZA needs authorization
from the Ministry of central branches, Provincial People's Committee and
specialized provincial departments. It leads to difficulties in the operation
process in case of not authorized or delayed authorization.
For
example:
(a)
In accordance with the Government's Decree on management of industrial parks
and economic zones; The Bac Ninh Industrial Zones Authority must be assigned
tasks and authorization by the Provincial People's Committee in such areas as:
resource management (granting and adjusting land use right certificates for
enterprises, granting licenses to exploit underground water, surface water… );
Organizing the appraisal and approval of EIA reports for projects falling under
the decision-making authority of the Provincial People's Committees in
industrial zones and economic zones; Granting Environmental Licences. However,
up to now, the Bac Ninh IZA has not been authorized to perform the above tasks.
(b)
The Bac Ninh IZA has not been authorized to issue certificates of origin for
goods exported in IZs on the basis of authorization of the Ministry of Industry
and Trade.
2.
Laws, Decrees and sub-law guiding documents related to investment, planning,
development and operation of industrial parks have many inconsistent points,
have changed a lot in recent times, The change process is not synchronized,
leading to many difficulties in application, confusion, and incorrect
application.
For
example: According to the provisions of Point c, Clause 3, Article 51 of the
Law on Environmental Protection 2022, the Management Boards of industrial
parks, export processing zones and high-tech zones of provinces and centrally
run cities are responsible for: "Organize to inspect the environmental
protection for establishments in concentrated production, business and service
zones in accordance with law". However, there are no regulations on
the allocation of funds to implement this content.
3.
Specialized software of some ministries cannot be synchronously connected with
local and government applications, leading to difficulties in the process of
exploitation, use and operation management.
For
example: Currently, the Bac Ninh IZA is applying and using 02 software at the
same time at the section “one-door” of the Provincial Public Administration
Center, including: investment software of the Ministry of Planning and
Investment; software for online public services of the province, which is
integrated and synchronized with the national online public service portal.
4. Some other problems such as:
- Due to the frequent changes in the construction law, so,
it is difficult for enterprises to timely grasp the procedures and order of
construction investment;
- Some enterprises are not highly aware of the role and
importance of management of construction investment projects, labor safety,
fire safety and environment; A lot of business owners are not often at the
factory sites, so it’s also difficult to approach and work with people who are
competent to handle related jobs of the business.
- Some businesses have not properly implemented the labor law when
their foreign labors come to work in Vietnam such as: Entering to work without
applying for a work permit, entering work for the wrong purpose of entry,...
Some businesses are registered to establish in the form of Vietnamese
enterprises with a very small registered capital. They rent factories in Bac
Ninh industrial zones, and then transfer part or all of their shares/contributed
capital for foreigners; But they fail to make an investment notice or register
for an investment certificate in accordance with the Investment Law and other
administrative procedures for the purpose of enjoying the policy of being
exempted from a work permit (who is not subject to the Law on Investment).
apply for a work permit). This is a phenomenon of circumvention of the law,
evasion of responsibility,
-
Over the years, the situation of enterprises going bankrupt and owners fleeing
has left great consequences for workers and society. In many cases, employees
are owed wages and have no money to cover their lives; unable to close the
social insurance book when applying to work at another company. The settlement
of workers' rights in these cases is still very difficult and entangled because
there are still many legal and responsibility gaps.
Bac Ninh IZA