The Draft Decree on industrial parks and economic zones management in Vietnam

The Ministry of Planning and Investment is collecting comments from the people on a draft Decree to replace Decree No. 82/2018/ND-CP of the Government regulating the management of industrial parks and economic zones.

By the end of April 2021, there are 575 industrial parks nationwide in the master plan on development of industrial parks in Vietnam approved by the Prime Minister with a total area of ​​575 industrial parks is about 219,500 ha (accounting for 0.66% of the total land of ​​the country). Industrial parks were established in 61 provinces and cities, mainly concentrated in key economic regions in order to promote the advantages of geographical location and economic development potential of the regions.

Regarding economic zones, there are 18 coastal economic zones established in 17 provinces and centrally-run cities, with total land and water surface area of ​​nearly 853,000 hectares. In addition, 26 border-gate economic zones have been included in the planning, in which priority is given to investors with capital from the state budget to synchronously build infrastructure and management organization models and policies for a number of border-gate economic zones to operate with high efficiency; ensure security and order, effectively restrain and prevent all kinds of crimes and illegal activities related to border gate economic zones.

The attraction of industrial parks and economic zones

In recent years, industrial parks and economic zones have attracted a large amount of investment capital, providing important resources for development investment and promoting economic growth. Accumulated to the end of April 2021, industrial parks and economic zones have attracted 10,148 domestic projects and 10,921 valid foreign-invested projects, with a total registered investment capital of about 2.52 million billion VND and 230.2 billion USD.

Besides, over the past time, the National Assembly and the Government have issued new regulations on investment, enterprises, construction, environmental protection as well as other fields. In particular, many regulations are directly related to investment and development activities of industrial parks and economic zones such as order and procedures for investment, authority, and responsibility of relevant parties.

Draft Decree on industrial parks and economic zones management

In that context, it is very necessary to develop and issue a Decree to replace Decree No. 82/2018/ND-CP to create a legal framework for investment and development activities in industrial parks and economic zones.
The draft Decree has added a number of new provisions to ensure compliance with newly promulgated Laws as well as the reality of investment and development in industrial parks and economic zones in recent years, specifically as follows:

Regarding planning management and adjustment: Draft Decree supplementing regulations on construction direction and development plan for the system of industrial parks and economic zones. Specifically, the construction direction is content in the regional planning, which defines the objectives, orientations, solutions, and implementation organization for the development of industrial parks and economic zones at the regional level. The plan to develop the system of industrial parks and economic zones is a provincial planning content, which determines the number, name, area, and expected location of the industrial park or economic zone according to the district-level geographical area. provinces and centrally-run cities.

Regarding decentralization of authority: The draft Decree authorizes and decentralizes the consideration and decision on newly granted projects, adjusting and expanding investment projects on construction and business of industrial park infrastructure according to regulations of two options:

1. Authorize the Minister of Planning and Investment;

2. Decentralization to the People’s Committee of the province.

Regarding the conditions for consideration and approval of investment policies on investment projects on construction and business of infrastructure of industrial zones, the draft Decree amending and supplementing a number of contents is as follows:

The area of ​​the industrial park is suitable to the investment attraction capacity in the province or centrally run city and is at least 75 ha; ensure that at least 5% of the total industrial land area of ​​the industrial park is reserved for small and medium-sized enterprises, supporting industry enterprises, innovative enterprises, and other prioritized enterprises, support in terms of production and business premises in accordance with the law on land lease and sublease.

The condition on occupancy rate (60%) is not applied in the following cases: 1. the total natural land area of ​​industrial parks in the province or centrally run city is under 1,000 ha;

2. the industrial park previously had an investment project for construction and infrastructure business approved by a competent authority but was terminated and assigned to a new investor;

3. investment projects on construction and business of infrastructure of industrial parks operating under the models of ecological, supportive and intensive industrial parks;

4. the investor commits to use at least 30% of the industrial land area in the industrial park for investment projects with high technology, supporting industry projects, innovation projects, and other projects to prioritize investment attraction.

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