Issuing new decree regulating the management of industrial zones and economic zones
10:44 29/06/2022
On May 28, 2022, the Government issued the Decree No. 35/2022/ND-CP regulating the management of industrial zones and economic zones (Decree 35).
The Decree 35 takes effect on July 15, 2022, including 08 Chapters, 76 Articles, regulating the general issues; investment in infrastructure, establishment of industrial zones, economic zones; development policies for industrial zones, economic zones; some types of industrial zones and industrial - service - urban zones; national information system on industrial zones, economic zones; state management for industrial zones, economic zones; functions, tasks, powers and organizational structure of the Management Board of industrial zones, export processing zones and economic zones;…

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The Decree 35 with Articles identified in accordance with the reality, the Decree has notable points:

* Abolishing the procedures for establishing the industrial zone in order to reduce administrative procedures for the enterprises. Accordingly, the industrial zone is determined to have been established from the date when the competent authority: 

- Decide the investment policy of industrial zone infrastructure projects using public investment capital in accordance with the regulations of the law on public investment;

- Approve the investment policy and at the same time approve the investor, approve the investor or issuing the Investment registration certificate to implement the projects for construction investment and infrastructure business of the industrial zones in accordance with the regulations of the law on investment.

* Article 10 stipulates the conditions for investors implementing the projects for construction investment and infrastructure business of industrial zones as follows:

1. The investors who implement projects for construction investment and infrastructure business of the industrial zones must satisfy the following conditions:

a) Conditions for real estate business as regulated by the law on real estate business;

b) Conditions for land allocation, land lease or change of land use purpose by the State to implement the projects for construction investment and infrastructure business of the industrial zones according to the regulations of the law on land, forestry law and other regulations of the relevant laws.

In the case that the investor who implements the projects for construction investment and infrastructure business of the industrial zones is an economic organization that is expected to be established by the foreign investor in accordance with the regulations of the law on investment and the law on enterprise, the economic organization that is expected to be established must be able to meet the conditions for land allocation, land lease or change of land use purpose by the State in accordance with the regulations of the law on land, forestry law and other regulations of the relevant laws.

2. In the case of choosing to apply the investor selection bidding, the evaluation criteria for selecting investors to implement the projects for construction investment and infrastructure business of the industrial zones include:

a) The evaluation criteria for the investor’s capacity are established on the basis of the conditions specified in clause 1 of this Article;

b) The evaluation criteria for the investor’s experience are established on the basis of the scale of area, implementation progress, and the implementation situation of the projects for construction investment and infrastructure business of the industrial zones or other real estate projects in which the investor implemented or contributed owner’s equity to implement the project; the owners, members, founding shareholders who are organizations of the investor implemented or contributed owner’s equity to implement the project;

c) Technical evaluation criteria are established on the basis of contents of the Decision approving the planning for construction of industrial zones, the Decision approving the investment policy of the projects for construction investment and infrastructure business of the industrial zones by the competent authorities and other regulations of the relevant laws;

d) The financial and commercial evaluation criteria are established on the basis of contents of the Decision approving the investment policy of the projects for construction investment and infrastructure business of the industrial zones by the competent authorities and other regulations of the law related to the selection of investors for implementing the investment projects using land.

Completing on the basis of inheriting the advantages of the previous Decrees (on the management of industrial zones and economic zones) and the actual development, the Decree 35 is expected to help the industrial zones and economic zones develop more and more, contribute to improving the investment and business environment for socio-economic development.

The Decree 82/2018/ND-CP dated May 22, 2018 of the Government regulating the management of industrial zones and economic zones expires from July 15, 2022, except for the case specified in clause a, point 3 and point 4, Article 74 of the Decree 35./.


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