Decree 82/2018/ND-CP on Management of Industrial parks and economic zones

1 Chapter I. GENERAL PROVISIONS
2.1 Article 33. Development of auxiliary industrial parks and eco-industrial parks


DECREE 82/2018/ND-CP

May 22, 2018

MANAGEMENT OF INDUSTRIAL PARKS AND ECONOMIC ZONES

Pursuant to the Law on Government Organization dated June 19, 2015; Pursuant to the Law on Investment dated November 26, 2014;

At the request of the Minister of Planning and Investment,

The Government hereby issues the Decree on management of industrial parks and economic zones.

Chapter I. GENERAL PROVISIONS

Article 1. Scope and subjects of application

1.  This Decree prescribes planning, establishment and operation of, policies on, and state management of, industrial parks and economic zones.

2.  This Decree is applied to regulatory bodies, organizations and individuals involved in investment and business activities in industrial parks and economic zones.

Article 2. Interpretation

For the purposes of this Decree, terms used herein shall be construed as follows:

1.  Industrial park means an area that is enclosed by definite boundaries, specializes in production of industrial goods and provision of services satisfying the industrial production needs and is established in conformity with conditions, procedures and processes prescribed in this Decree.

Industrial park is classified into different types such as export processing zone, auxiliary industrial area, eco-industrial park (hereinafter referred to as industrial park), unless each type is otherwise subject to particular regulations.

a)  Export processing zone means an industrial park specially intended for manufacture of exported goods, rendering of services meeting the needs of production of exported goods and is established in conformity with conditions, processes and procedures as applied to industrial parks in accordance with this Decree.

b)  Export processing zone is separate from outside in accordance with regulations so applied to free trade zones prescribed in laws on import and export duties;

c)   Auxiliary industrial area means an industrial park specializing in manufacturing auxiliary industrial products and rendering services satisfying the needs of manufacture of these products. The maximum area of land leased or re-let to develop projects on investment in auxiliary industries shall account for 60% of the area of rentable industrial land within the boundaries of an industrial park;

d) Eco-industrial park means an industrial park in which enterprises get involved in cleaner production, make effective use of natural resources and enter into manufacturing cooperation and affiliation in order to tighten industrial symbiosis to promote economic, environmental and social efficiency in these enterprises.

2.  Industrial symbiosis existing in an industrial park means cooperation between enterprises within an industrial park or with enterprises operating in other industrial parks in order to optimize the use of input and output factors, such as raw materials, water, energy, wastes and waste products, etc., during the manufacturing process. By virtue of cooperation, enterprises can build a network intended for exchanging factors necessary for production activities, share infrastructure and utilities necessary for production, improve the technological process and promote business and production efficiency.

3.  Industrialurbanservice area comprises functional zones, including the industrial park assigned as the main functional zone; the urban - service area which is designed to have such functions as support and provision of public utilities for the industrial park (including functional subdivisions such as houses, hospitals, schools, research and development centers, business incubators and other socio-economic projects necessary for consistent and sustainable development of the entire area), and which is the destination of investments in assuring effective and sustainable economic, social and environmental development in the industrial area. The maximum size and acreage of the urban service area shall not be one- third (1/3) more than the size and area of the industrial park.

4.  Expansion of an industrial park means an industrial park whose dimensions are supplemented with bordering or contiguous areas, may be linked with and share engineering infrastructure with previously established industrial parks.

5.  An industrial subdivision means a dimensional part of an industrial park which is enclosed with definite boundaries, corresponds with the planning for construction of that industrial park, and specializes in manufacture of goods and provision of services that meet the needs of production in certain particular industrial sectors.

6.  Project on investment in development of infrastructure in an industrial park means an investment project using land lots within its boundaries for consistent development of engineering infrastructure and for leasing or on-lending purposes in order for the lessee to build its premises and run carry on business in accordance with laws.

7.  Economic zone means an area which is defined by geographical boundaries, includes functional zones and is established to serve the purpose of calling for investments, promoting socio-economic development and maintaining national defence and security.

Economic zone referred to in this Decree shall encompass coastal economic zones and border-gate economic zones (hereinafter referred to as economic zone, unless particular regulations otherwise apply to each classification of economic zone);

a)  A coastal economic zone is an economic zone which is formed in the coastal area and adjacent areas of the coastal zone, established according to the conditions, processes and procedures prescribed in this Decree;

b)  The border-gate economic zone is an economic zone formed in the land border areas and adjacent areas of the land border areas with international border gates or principal border gates, and established according to the conditions, processes and procedures as prescribed in this Decree.

8.  Expansion of an economic zone means the development of more land in neighboring or adjacent areas to enhance developmental potentials and spillover of the economic zone.

9.  The area of industrial land is the land area of an industrial park which is leased or on-lent to investors to carry out investment projects on production and business in the industrial park, and determined in the detailed planning and zoning for construction of the industrial park which are approved by regulatory authorities.

10.  Export processing enterprise means a company which is established and operated within an export processing zone, or an enterprise specializing in manufacturing exported products within an industrial park or economic zone.

Export processing enterprise which is not located in export processing zones shall be separated from the outside area as per the regulations on non-tariff areas laid down in the import and export tax law.

11.  The planning for development of industrial parks and economic zones across the nation is a planning scheme which is formulated and approved in accordance with the law on planning and under the provisions of this Decree.

12.  The occupancy rate of an industrial park means the proportion (%) of industrial land that has been leased or on-lent to investors for production and business purposes to total industrial land area of an industrial park.

13.  Social, cultural and sports facility serving the needs of an industrial park and economic zone means all works directly providing utility services to meet the human, cultural and physical training needs of workers in that industrial park or economic zone.

Chapter II. INDUSTRIAL PARK AND ECONOMIC ZONE DEVELOPMENT PLANNING AND INVESTMENT

Section 1. INDUSTRIAL PARK AND ECONOMIC ZONE DEVELOPMENT PLANNING AND INVESTMENT

Article 3. Industrial park development planning

1.  Based on the socio-economic development strategy, the national master plan and the national and provincial-level land use planning, the Ministry of Planning and Investment shall assume primary responsibility for, and collaborate with relevant ministries, sectoral administrations and People's Committees of centrally-affiliated cities and provinces (hereinafter collectively referred to as provincial People's Committees) in, formulating and applying for the Prime Minister’s approval for the planning for development of industrial parks.

2.  The planning for location of industrial parks within economic zones shall be incorporated into the general planning for construction of economic zones and shall be submitted to the Prime Minister to seek his/her approval under the provisions of law on construction. In cases where an industrial park already exists in the general economic zone construction planning already approved by the Prime Minister, it is not required to carry out regulatory procedures for addition of that industrial park to the industrial park development planning.

3.  The planning for development of industrial parks and the approved general planning for construction of economic zones shall serve as a basis for assessment of investment, establishment and expansion of industrial parks; formulation of the investment planning and proposal for development of technical and social infrastructure systems necessary for the development of industrial parks.

Article 4. Processes for planning, establishing and expanding industrial parks

1.  Documentation and application requirements for revision of the planning, supplementation of the industrial park development planning with industrial parks shall be subject to regulations laid down in Article 6, Article 7, Article 8, Article 9, Article 10 and Article 11 hereof.

With respect to revision and supplementation of the planning for location of industrial parks within economic zones, documentation and application requirements shall be the same as those requirements for revision of the general planning for construction of economic zones under construction laws.

2.  Processes and procedures for grant of a decision on the investment policy for investment projects for development of infrastructure of industrial parks, including industrial parks located within economic zones shall be subject to the investment law, except for investment projects for development of infrastructure of industrial parks funded by public investment funds which are subject to the public investment law.

3.  Processes and procedures for granting the investment registration certificate to investment projects for development of infrastructure of industrial parks shall be subject to the investment law.

4. Provincial People’s Committees shall issue the decision on establishment of industrial

parks and expanded industrial parks as per Article 13 hereof.

Article 5. Requirements for supplementation of the planning for development of industrial parks with newly-established industrial parks or expanded industrial parks


1.  In the case of supplementation of the planning with newly-established industrial parks, the total industrial land area of established industrial zones within a centrally-affiliated city and province which has been leased or subleased to projects granted investment registration or Certificate of registration of investment shall be at least 60%.

2.  With respect to supplementation of the planning with industrial parks formed through expansion of previously established ones, the following requirements must be satisfied:

a)  A previously established industrial park must have at least 60% of its total rentable area of industrial land which is leased and subleased to registered investment projects or those to which investment certificates are awarded, and has already had the central wastewater treatment system which has been constructed and brought into operation in accordance with laws on environment;

b)  An expanded industrial park must be capable of having connection in terms of infrastructure with the previously established industrial park.

3.  These industrial parks must conform to the regional or provincial planning.

4.  There must be favorable conditions or capabilities of development of the engineering and social infrastructure, and such planning must be implemented consistently and closely connected with the planning for development of industrial parks, population distribution, social, cultural and sports facilities necessary for workers at these industrial parks.

5.  The planning must have conditions necessary for development of these industrial parks, including:

a)  Have the land reserve for development of and conditions for building of links to other industrial parks to establish clusters of industrial parks;

b)  Have potential for attraction of investments made by domestic and foreign investors;

c)  Have capabilities of providing and satisfying demands for workers.

6.  The planning must ensure conformity with requirements concerning national defense, security and protection of natural resources, historical, cultural relics and spectacular scenery.

7.  Conditions relating to the occupancy rate as referred to in Clause 1 of this Article shall not be applied to the following cases in which the planning for development of industrial parks is supplemented:

a)  Adjust or change the planned position of an industrial park already specified in the planning for development of industrial parks, but avoid increasing the area of that industrial park;

b)  Adjust the planning for development of industrial parks located within relevant local jurisdictions, but avoid increasing the total land area planned for development of industrial parks in each local jurisdiction which has already been approved by the Prime Minister.

Article 6. Documentation submitted to apply for supplementation of the planning for development of industrial parks with newly-established industrial parks or expanded industrial parks

1. The planning scheme for development of industrial parks within a centrally-affiliated city and province, including the following subject matters:

a)  Necessity and legal bases for the addition of industrial parks and expanded industrial parks;

b)  Evaluation of implementation of the planning and propose orientations towards socio- economic and industrial development within centrally-affiliated cities and provinces;

c)  Evaluation of the current status of construction and development of industrial parks already set up and planned within centrally-affiliated cities and provinces, and contribution of industrial parks to the local socio-economic development;

d)  Name, location, acreage, current state and specific conditions for development of each industrial park proposed to be added and expanded in the planning;

dd) Evaluation and explanatory report on capability of satisfying conditions specified in Article 5 hereof;

e)  Objectives and measures for implementation of the planning; possibility of mobilizing finances for investment in construction and development of industrial parks;

g) Alternatives included in the planning for development of industrial parks which are displayed on the planning map.

2. The report submitted to the Prime Minister by provincial People’s Committees to seek his approval of supplementation of the planning for development of industrial parks with newly- established or expanded industrial parks.

3. Such documentation shall be made into 10 sets, comprising at least 02 original ones (01 original set submitted to the Prime Minister) and 09 sets submitted to the Ministry of Planning and Investment for evaluation purposes as prescribed in Article 7 hereof.

Article 7. Evaluation serving the purpose of supplementation of the planning for development of industrial parks

1.  Evaluated contents:

a)  Legal bases and necessity of supplementation of the planning for development of industrial parks;

b)  Relevance of supplementation of the planning for development of industrial parks to the regional and provincial planning;

c)  Degree of conformity with relevant conditions for supplementation of the planning for development of industrial parks;

d)  Objectives, measures and allocation of resources for and feasibility of supplementation of the planning for development of industrial parks.

2.  Evaluation processes and procedures:

a)  Within duration of 05 working days of receipt of application documentation for supplementation of the planning for development of industrial parks, the Ministry of Planning and Investment collects opinions from relevant ministries and sectoral administrations.

Where application documentation fail to meet regulations laid down in Article 6 hereof, the Ministry of Planning and Investment sends a written request to the provincial People’s Committee for supplementation or revision of such documentation. Period of such supplementation or revision shall not be included in the evaluation time.

b)  Within duration of 10 business days of receipt of valid documentation, ministries and sectoral administrations send their opinions to the Ministry of Planning and Investment.

Where necessary, the Ministry of Planning and Investment meets with relevant ministries, sectoral administrations and provincial People’s Committees, or proceeds to establish the Evaluation Board to clarify related matters.

c)  Within duration of 30 business days of receipt of valid documentation, the Ministry of Planning and Investment make a consolidated report and submit it to the Prime Minister to seek his decision.

Article 8. Decrease in the land area of industrial park and removal of industrial park from the planning for development of industrial parks

1.  Any industrial park already included in the planning shall have its approved planned land area decreased or removed from the planning for development of industrial parks to adapt to any change and modification of the related planning, and capability of attracting investments in such industrial park; to meet requirements concerning national defence, security, protection of the environment, natural resources, historical sites and cultural heritages; to meet the demands for transformation of purposes of the industrial park land into the land intended for construction of urban zones, houses, social, cultural and sports facilities serving the needs of workers at such industrial park.

2.  Approval of a decrease in the land area of an industrial park, or removal of an industrial park from the planning for development of industrial parks, by competent authorities, shall serve as the basis for implementing procedures for revision of the planning for construction of industrial parks and transformation of purpose of the land area of industrial park in accordance with relevant laws.

Article 9. Documentation submitted to apply for a decrease in the land area of industrial park and removal of industrial park from the planning for development of industrial parks

1. The report to the provincial People’s Committee on a decrease in the land area of industrial park and removal of industrial park from the planning for development of industrial parks within a centrally-affiliated city or province, including the following main information:

a)  Necessity and legal bases for revision of the planning;

b)  Evaluation of the current status of construction and development of industrial parks already set up and planned within a centrally-affiliated city and province, and contribution of industrial parks to the local socio-economic development;

c)  The plan for reduction in the land area of the industrial park and removal of the industrial park from the planning, including name, position, current status, area of reduction and removal from the planning of the industrial park; reasons for such reduction and removal;

d)  Relevance of such reduction and removal to the local socio-economic development orientation; benefits and impacts of revision of the planning, and solutions.

Where reduction in the land area of the industrial park and removal of the industrial park from the planning serves the aim of transforming purpose of the land area of industrial park, it shall be necessary to additionally provide a detailed evaluation report on relevance to the regional and provincial planning; conformance to requirements for transformation of use of the land area of industrial park as prescribed in sector-specific laws (if any); feasibility, economic, social and environmental effects and impacts of transformation of land purposes.

2.  The report submitted to the Prime Minister by the provincial People’s Committee on a decrease in the land area of industrial park and removal of industrial park from the planning for development of industrial parks within a centrally-affiliated city or province.

3.  Such documentation shall be made into 09 sets, comprising at least 02 original ones (01 original set submitted to the Prime Minister) and 08 sets submitted to the Ministry of Planning and Investment for evaluation purposes as prescribed in Article 10 hereof.

Article 10. Evaluation of a decrease in the land area of industrial park and removal of industrial park from the planning for development of industrial parks

1.  Evaluated contents:

a)  Legal bases and necessity of a decrease in the land area of industrial park and removal of industrial park from the planning for development of industrial parks;

b)  Relevance of reasons for revision of the planning and the plan for such revision;

c)  Assessment of relevance of the land use purpose adjustment; economic, social and environmental impacts caused by the plan for revision of the planning in the event of revision of the industrial park planning associated with revision of land uses.

2.  Evaluation processes and procedures:

a)  Within duration of 05 working days of receipt of application documentation for a decrease in the land area of the industrial park and removal of the industrial park from the planning for development of industrial parks, the Ministry of Planning and Investment collects opinions from relevant ministries and sectoral administrations.

Where application documentation fail to meet regulations laid down in Article 9 hereof, the Ministry of Planning and Investment sends a written request to the provincial People’s Committee for supplementation and revision of such documentation. Period of such supplementation or revision by the provincial People’s Committee shall not be included in the evaluation time.

b)  Within duration of 10 business days of receipt of valid documentation, ministries and sectoral administrations send their opinions to the Ministry of Planning and Investment.

Where necessary, the Ministry of Planning and Investment meets with relevant ministries, sectoral administrations and provincial People’s Committees, or proceeds to establish the Evaluation Board to clarify related matters.

c)  Within duration of 20 business days of receipt of valid documentation, the Ministry of Planning and Investment make a consolidated report and submit it to the Prime Minister to seek his decision.

d)  Where supplementation of the planning for development of industrial parks coincide with the decrease in the land area of the industrial park and removal of the industrial park from the planning for development of industrial parks, the proposal for adjustment of the planning for development of industrial parks is formulated and comprises relevant contents under respective circumstances as per Clause 1 Article 6 and Clause 1 Article 9 hereof.

Evaluation processes and procedures shall be subject to Clause 2 Article 7 hereof.

Evaluated contents in respective cases shall be subject to Clause 1 Article 7 and Clause 1 Article 10 hereof.

Article 11. Initial adjustment and adjustment of the land area of industrial park after surveying and change in the industrial park’s name

1.  Where, in the first time of expansion of or decrease in the land area of industrial park, the land area subject to an adjustment is less than 10% of total approved planned land area, but restricted to 30 ha, and such expansion or decrease does not cause any impact on other planning schemes, after consulting opinions from the Ministry of Planning and Investment, the Ministry of Natural Resources and Environment, the Ministry of Construction, and other relevant ministries or sectoral administrations, the provincial People’s Committee shall make a decision on such adjustment without needing to apply for the Prime Minister’s approval.

2.  Where the actual land area of industrial park after the surveying process is adjusted to less than 10% of total approved planned land area, but restricted to 20 ha, the provincial People’s Committee shall be required to consult opinions from the Ministry of Planning and Investment, the Ministry of Natural Resources and Environment and the Ministry of Construction, and make such adjustment to ensure the land area of industrial park is commensurate with the actual land area without needing to apply for the Prime Minister’s approval.

3.  Where a change in the name of an industrial park does not entail any change in location, boundary and area of that industrial park according to the planning for development of industrial parks which has already been approved by the Prime Minister, the provincial

People’s Committee shall make its decision on such change without needing to seek the

Prime Minister's approval and inform the competent planning regulatory body in writing.

4.  In case of any adjustment to the land area of industrial park which is not covered by Clause 1 and Clause 2 of this Article, the Prime Minister’s decision on such adjustment shall be sought in accordance with provisions laid down in this Decision.

Article 12. Requirements for consideration for grant of a decision on the policy on funding for projects on development of infrastructure of industrial parks or expanded industrial parks

1.  Conditions for consideration for grant of the policy on funding for projects on development of infrastructure of industrial parks:

a)  Correspond to the approved planning for development of industrial parks; the land use planning which has already been approved by the competent authority;

b)  Have at least 60% of total industrial land area of previously established industrial parks within provinces or centrally-affiliated cities leased or subleased to projects applying for investment registration and investment registration certificate.

2.  Conditions for consideration for grant of the policy on funding for projects on development of infrastructure of expanded industrial parks:

a)  Correspond to the approved planning for development of industrial parks; the land use planning which has already been approved by the competent authority;

b)  With respect to previously established industrial parks, have the minimum occupancy rate of 60%;

c)  Have already had concentrated wastewater treatment systems constructed and brought into operation in accordance with environmental laws.

3.  In cases where infrastructure of an established industrial park and the expanded part of that industrial park is not funded by the same investor, conditions for considering granting the decision on the policy on investment in projects on development of infrastructure of that expanded part shall be applied in the same manner as the conditions applied to newly- established industrial parks as per Clause 1 of this Article.

4.  Where industrial parks have had infrastructure development projects in which the policy on investment has been decided by the competent authority or which are awarded the Investment Permit, the Investment Certificate, the Certificate of Investment Registration and Industrial Park Establishment, but which are closed under investment laws and transferred to new investors, new investors’ projects on development of infrastructure of industrial parks shall not be required to meet requirements concerning the occupancy rate referred to in Point b Clause 1 of this Article during the process of consideration for decision on the investment policy.

5.  Where an industrial park covers an area of 500 ha or more, or before implementation of the planning for development of that industrial park, infrastructure systems of separate industrial

parks or a complex of industrial zone, urban – service zone and other concentrated business zone in a master plan are developed by investments of various investors, it shall be mandatory that a general construction planning is formulated before drawing up the construction zoning and the detailed construction planning of that industrial park under laws on construction.

6.  Where an industrial park covers an area of 200 ha or more, or is adjacent to national routes, national defence zones, historical relic conservation sites, scenic areas, ecosystem conservation zones at regional and national levels, national tourist sites and attractions, or is located within class-II, I and special-class cities, the planning for construction of that industrial park is formulated in reliance upon written opinions of the Ministry of Construction, the Ministry of Planning and Investment, sectoral administrations and the Ministry of National Defence (if that industrial park is in the proximity of national defence zones) before being presented to the provincial People’s Committee to seek its approval.

Article 13. Decision to establish industrial parks and expanded industrial parks

1. The provincial People’s Committee shall issue the decision on establishment of industrial parks and expanded industrial parks after competent authorities issues the following documents:

a)  Decision on approval of the industrial park construction planning;

b)  Certificate of investment registration or Decision on investment policy (with respect to projects exempt from the application requirement for the Certificate of investment registration as stated in construction laws), issued to investors in projects on development of industrial park infrastructure; decision on approval of investment policy and investment decision, both of which are issued by competent authorities, with respect to investment projects on development of infrastructure of industrial parks that are financed by public investment fund in accordance with laws on public investment.

2.  Within duration of 05 working days after those documents referred to in Clause 1 of this Article have been issued, the industrial park and economic zone Management Unit, or the Department of Planning and Investment (if the former has not been established yet), shall request the provincial People's Committee to issue the approval decision on establishment of industrial parks or expanded industrial parks.

Within duration of 05 days of receipt of the written request from the industrial park and economic zone Management Unit or the Department of Planning and Investment, the provincial People’s Committee shall issue a decision on establishment of industrial parks and expanded industrial parks.

3.  The decision on establishment of industrial parks and expanded industrial parks issued by the provincial People’s Committee shall comprise the following information, such as name, acreage and location of the industrial park, investors, total investment and duration of the project on development of infrastructure of the industrial park, which must be consistent with information included in those documents referred to in Clause 1 of this Article.

4.  In case where any change of information included in those documents stated in Clause 1 of this Article entails any adjustment to information included in the Decision on establishment

of industrial parks and expanded industrial parks, the adjustment to the Decision on establishment of industrial parks and expanded industrial parks shall be made according to processes and procedures stipulated in Clause 2 of this Article.

Section 2. PLANNING FOR DEVELOPMENT AND ESTABLISHMENT OF ECONOMIC ZONES

Article 14. Planning for development of economic zones

1.  Based on the socio-economic development strategy, the national master plan and the national and provincial-level land use planning, the Ministry of Planning and Investment shall assume primary responsibility for, and collaborate with relevant ministries, sectoral administrations and People's Committees of centrally-affiliated cities and provinces (hereinafter collectively referred to as provincial People's Committee) in, formulating and applying for the Prime Minister’s approval of the planning for development of economic zones.

2.  The approved planning for development of economic zones shall serve as a basis for considering establishment and expansion of economic zones; formulating the planning and proposal for investment in development of technical and social infrastructure serving economic growth needs.

Article 15. Processes for planning, establishing and expanding economic zones

1.  In cases where economic zones or expanded economic zones have not already existed in the approved planning for development of economic zones, it is mandatory to implement regulatory procedures for supplementing the planning for development of economic zones with newly-established or expanded economic zones in accordance with Article 17 and Article 18 hereof.

2.  The planning for development of economic zones shall be supplemented with newly- established or expanded economic zones according to processes and procedures referred to in Article 21, Article 22 and Article 23 hereof.

Article 16. Requirements for supplementation of the planning for development of economic zones with newly-established or expanded economic zones

1.  Requirements for supplementation of the planning for development of economic zones with coastal economic zones:

a)  Conform to the socio-economic development planning and orientation of a centrally- affiliated city and province;

b)  Have geographical advantages for the regional economic growth (including deepwater seaports or airports), and easy connection with main national and international traffic axes; promote easy control, domestic and international exchange; have favorite conditions and resources for investment in and development of technical infrastructure;

c)  Cover an area of 10,000 ha or more and meet general requirements for development of economic zones;

d)  Have capability of attracting construction and other projects which are large in scale, important and affect the socio-economic development of the whole region;

dd) Have capability of promoting local potentials and creating influence of development over adjacent areas;

e)  Cause no adverse impact on nature reserves; cause no negative impact on and damage to tangible cultural heritages, scenic places, architectural ensembles of historical or aesthetic or scientific value; correspond to requirements concerning national defense structure and maintenance of national defense and security; have conditions necessary to satisfy requirements regarding environment, biophysical environment and sustainable development.

2.  Requirements for supplementation of the planning for development of bordergate economic zones with newly-established bordergate economic zones:

a)  Conform to the socio-economic development planning and orientation of the entire nation and specific centrally-affiliated cities and provinces;

b)  Have international border gates or principal border gates according to the provisions of law on management of land border gates; encompass adjacent administrative units which are not spatially separated;

c)  Have easy connection to national traffic axes; stimulate transactions with neighboring countries’ land border gates; have favorable conditions and resources for investment in development of technical infrastructure;

d)  Conform to requirements for general development of bordergate economic zones, including trade, import and export, temporary import for re-export, transport of goods in transit, industrial production, tourism and services; have conditions necessary to promote local and other adjacent areas’ potentials; have capability of commercial development and investment attraction;

dd) Link economic development with maintenance of security, politics, social order and safety, and protection of national sovereignty at border areas;

e)  Cause no adverse impact on nature reserves; cause no negative impact on and damage to tangible cultural heritages, spectacular scenes, and architectural ensembles of historical or aesthetic or scientific value; have conditions necessary to satisfy requirements regarding environment, biophysical environment and sustainable development.

3.  Requirements for expansion of economic zones existing in the planning for development of economic zones:

a)  Invest in development of a complete infrastructure of economic zone according to the general planning for construction of economic zones;

b)  Have at least 70% of area of land intended for functional subdivisions of economic zones which has been allocated or leased out to organizations or individuals for project execution purposes.

Article 17. Requirements for supplementation of the planning for development of economic zones with newly-established economic zones and expanded existing economic zones

1.  The proposal of the provincial People’s Committee for the planning for development of economic zones within centrally-affiliated cities and provinces shall comprise the following subject matters:

a)  Necessity and legal bases for revision of the planning;

b)  Evaluation of the socio-economic development and orientation towards spatial arrangement of development; plan for socio-economic development, spatial arrangement for development, systems of traffic facilities, seaports and industries within centrally-affiliated cities and provinces;

c)  Evaluation of the current status of construction and development of industrial parks, economic zones and other special territories (if any) already set up and planned within centrally-affiliated cities and provinces;

d)  Evaluation of relevance of areas with the planning scheme for development of economic zones and connectivity between these areas and those with relevant planning schemes;

dd) Overall assessment of the natural conditions, socio-economic development status, technical and social infrastructure systems in the planned economic zone; advantages and difficulties in compensation, site clearance, resettlement, environmental protection, national defense and security;

e)  Explanation for conformance to conditions for supplementation of the planning for development of economic zones as defined in Article 16 of this Decree;

g)  Evaluation of the roles and functions of economic zones in socio-economic development of provinces and centrally-affiliated cities, and regional development (if any); constraints and comparative advantages of areas with the planning for development of economic zones;

h)  Socio-economic development orientation of economic zone, including socio-economic development objectives; spatial arrangement for development; social and technical infrastructure systems, sectors and industries, which clearly specifies key sectors and industries;

i)  Plan for establishment and development of economic zones and implementation measures;

k) Representation of alternative planning schemes for development of economic zones on the map of administrative subdivisions of centrally-affiliated cities and provinces; map of the current status of land use and orientation towards primary planning scheme of economic zones.

2.  The report submitted to the Prime Minister by the provincial People’s Committee to seek his approval of supplementation of the planning for development of economic zones with newly-established or expanded economic zones.

3. Such documentation shall be made into 10 sets, comprising at least 02 original ones (01 original set submitted to the Prime Minister) and 09 sets submitted to the Ministry of Planning and Investment for evaluation purposes as prescribed in Article 18 hereof.

Article 18. Evaluation serving the purpose of supplementation of the planning for development of economic zones

1.  Evaluated contents:

a)  Legal bases and necessity of supplementation of the planning for development of economic zones;

b)  Relevance of supplementation of the planning for development of economic zones to the related regional and provincial planning;

c)  Roles and potentials of socio-economic development; capability of satisfying the conditions for supplementing the planning on development of economic zones;

d)  Feasibility of the plan for establishment and development of economic zones and implementation solutions.

2.  Evaluation processes and procedures:

a)  Within duration of 05 working days of receipt of application documentation for supplementation of the planning for development of economic zones, the Ministry of Planning and Investment collects opinions from relevant ministries and sectoral administrations.

Where application documentation fail to meet regulations laid down in Article 17 hereof, the Ministry of Planning and Investment sends a written request to the provincial People’s Committee for supplementation and revision of such documentation. Period of such supplementation or revision shall not be included in the evaluation time.

b)  Within duration of 15 business days of receipt of valid documentation, ministries and sectoral administrations send their opinions to the Ministry of Planning and Investment.

Where necessary, the Ministry of Planning and Investment meets with relevant ministries, sectoral administrations and provincial People’s Committees, or proceeds to establish the Evaluation Board to clarify related matters.

c)  Within duration of 40 business days of receipt of valid documentation, the Ministry of Planning and Investment makes a consolidated report and submit it to the Prime Minister to seek his decision.

Article 19. Documentation submitted to apply for an adjustment in acreage of economic zones existing in the planning for development of economic zones

1.  Cases in which the adjustment in acreage of economic zone is made:

a)  Decreasing the planned area compared to the area specified in the approved planning for development of economic zones;

b)  Increasing the planned area compared to the area specified in the approved planning for development of economic zones. The increased area shall not exceed 10%.

In other cases where the area of economic zone is increased, procedures and processes for supplementation of the planning for development of economic zones, prescribed in Article 16, Article 17 and Article 18 hereof, shall be applied.

2.  Documentation submitted to apply for an adjustment in acreage of economic zones shall comprise:

a)  Report of the provincial People’s Committee for adjustment in the planning for development of economic zones within centrally-affiliated cities and provinces which include the following main information:

-  Adjusted contents, necessity and legal bases for adjustment in the planning;

-  Evaluation of the socio-economic development and orientation towards spatial arrangement of development; plan for socio-economic development, spatial arrangement for development, systems of traffic facilities, seaports, bordergates and industries within centrally-affiliated cities and provinces;

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

-  Reasons and evaluation of relevance of adjustment in the planning to the relevant planning;

-  Advantages, difficulties in and impacts on implementation of the objectives of socio- economic development, environment, national defense and security, and solutions to be adopted during the process of adjusting the planning for development of economic zones;

-  Representation of alternatives for adjustment in the planning for development of economic zones on the map.

b)  Report submitted to the Prime Minister by the provincial People’s Committee to apply for his approval of adjustment in the economic zone planning included in the planning for development of economic zones.

3.  Such documentation shall be made into 09 sets, comprising at least 02 original ones (01 original set submitted to the Prime Minister) and 08 sets submitted to the Ministry of Planning and Investment for evaluation purposes as prescribed in Article 20 hereof.

Article 20. Evaluation of adjustment in acreage of economic zones existing in the planning for development of economic zones

1.  Evaluated contents:

a)  Legal bases and necessity of adjustment in the planned acreage of economic zones existing in the planning for development of economic zones;

b)  Relevance of adjustment in the planning of economic zones to the national, regional and provincial planning;

c)  Plans and measures for adjustment in the planning of economic zones.

2.  Evaluation processes and procedures:

a)  Within duration of 05 working days of receipt of application documentation for adjustment in acreage of the planned economic zone, the Ministry of Planning and Investment collects opinions from relevant ministries and sectoral administrations.

Where application documentation fail to meet regulations laid down in Article 19 hereof, the Ministry of Planning and Investment sends a written request to the provincial People’s Committee for supplementation and revision of such documentation. Period of such supplementation or revision shall not be included in the evaluation time.

b)  Within duration of 10 business days of receipt of valid documentation, ministries and sectoral administrations send their opinions to the Ministry of Planning and Investment.

Where necessary, the Ministry of Planning and Investment shall meet with relevant ministries, sectoral administrations and provincial People’s Committees to clarify related matters.

c)  Within duration of 30 business days of receipt of valid documentation, the Ministry of Planning and Investment makes a consolidated report and submit it to the Prime Minister to seek his decision.

Article 21. Documentation submitted to apply for establishment or expansion of economic zones

1. Proposal of the provincial People’s Committee for establishment and expansion of

economic zones shall include the following main information:

a)  Necessity of and legal bases for establishment and expansion of economic zones, and relevance of these economic zones to the approved planning for development of economic zones;

b)  Evaluation of geographical, natural, natural resource and socio-economic factors and conditions, and advantages and disadvantages of the area to be developed into an economic zone.

c)  Evaluation and explanatory report on conditions set out in Article 16 hereof;

d)  Proposed development directions, including development objectives, nature and functions of economic zones; orientation towards development of sectors and industries; orientation towards development of functional areas; orientation towards the planning for use of land located within economic zones;

dd) Estimation of total investment outlay, methods of mobilizing capital for investment in infrastructure systems of economic zones; time of establishment of economic zones; plan and schedule of construction and development of economic zones;

e)  Evaluation of the environmental protection, including general assessment of positive and negative impacts on the environment; identification of the affected environmental and socio- economic components and the extent of impacts upon establishment of economic zones; formulation of measures to protect the environment when the economic zones go into operation; Other contents (if any) according to the environmental legislation; Evaluation of national defense and security maintenance;

g)  Proposed solutions and implementation;

h)  Representation of alternatives for the planning of economic zones on the map.

2.  Written appeal sent to the Prime Minister by the provincial People’s Committee for

establishment and expansion of economic zones.

3.  Such documentation shall be made into 10 sets, comprising at least 02 original ones (01 original set submitted to the Prime Minister) and 09 sets submitted to the Ministry of Planning and Investment for evaluation purposes as prescribed in Article 22 hereof.

Article 22. Evaluation of establishment or expansion of economic zones

1.  Evaluated contents:

a)  Legal bases for and necessity of establishment and expansion of economic zones;

b)  Relevance of establishment or expansion of economic zones to the related regional and provincial planning;

c)  Objectives and indices of establishment and expansion of economic zones, and allocation of resources;

d)  Conditions for establishment or expansion of economic zones;

dd) Measures to be taken and feasibility of establishment and expansion of economic zones.

2.  Evaluation processes and procedures:

a)  Within duration of 05 working days of receipt of application documentation for establishment or expansion of economic zones, the Ministry of Planning and Investment collects opinions from relevant ministries and sectoral administrations.

Where application documentation fail to meet regulations laid down in Article 21 hereof, the Ministry of Planning and Investment sends a written request to the provincial People’s Committee for supplementation and revision of such documentation. Period of such supplementation or revision shall not be included in the evaluation time.

b)  Within duration of 20 business days of receipt of valid documentation, ministries and sectoral administrations send their opinions to the Ministry of Planning and Investment.

Where necessary, the Ministry of Planning and Investment meets with relevant ministries, sectoral administrations and provincial People’s Committees, or proceeds to establish the Evaluation Board to clarify related matters.

c)  Within duration of 45 business days of receipt of valid documentation, the Ministry of Planning and Investment makes a consolidated report and submit it to the Prime Minister to seek his decision on establishment or expansion of economic zones.

Article 23. Authority over establishment or expansion of economic zones

1.  The Prime Minister shall have authority to grant a decision on establishment or expansion of economic zones where appropriate to the approved planning for development of economic zones.

2.  Economic zones shall be organized into functional sections. Size and location of each functional section shall be defined in the general planning for construction of economic zones which is subject to the Prime Minister’s approval decision.

Chapter III. POLICIES APPLIED TO INDUSTRIAL PARKS AND ECONOMIC ZONES

Article 24. Incentive policies applied to industrial parks and economic zones

1.  Industrial park is deemed as an area given investment preferences or incentive policies which are applied to those present in the List of areas facing socio-economic difficulties as per laws on investment. Any industrial park established at areas in the List of areas facing socio-economic difficulties shall be given incentive policies so applied to those present in the List of areas facing extreme socio-economic difficulties as per laws on investment.

2.  Economic zone is deemed as an area given investment preferences or incentive policies which are applied to those present in the List of areas facing extreme socio-economic difficulties as per laws on investment.

3.  Beneficiaries, principles and procedures for grant of advantages to investment projects located within industrial parks or economic zones shall be subject to laws on investment.

4.  The expenses for investment in construction, operation or renting of condominium apartments and social infrastructure for workers in industrial parks or economic zones shall be deductible expenses for calculation of the taxable income of an enterprise with investment projects implemented within these industrial parks or economic zones.

Investment projects on the construction of dwelling houses, cultural and sport works and social infrastructure serving the needs of workers in industrial parks or economic zones shall enjoy preferences according to law provisions on building of social housing and relevant legislation.

5.  Investors and enterprises having investment projects in industrial parks or economic zones shall be assisted by competent authorities in carrying out administrative procedures for investment, enterprises, land, construction, environment, labor and trade under the "single- window or one-stop-shop" mechanism, and supporting labor recruitment and other related issues during the process of executing the project.

Article 25. Methods of mobilizing capital for investment in construction of industrial parks

1.  Investment projects on development of industrial park infrastructure in areas facing socio- economic difficulties or areas with extreme socio-economic difficulties shall be entitled to financial support from the central budget for investing in infrastructure according to the target program of investment in infrastructure of industrial parks which is approved by a competent authority over periods.

2.  The Provincial People's Committee shall balance its local budget to provide finances for investors’ developing technical infrastructure systems inside and outside industrial parks; adopt policies to encourage investors and mobilize other lawful capital sources for investment in construction of industrial park infrastructure.

Article 26. Methods of mobilizing capital for investment in development of technical and social infrastructure of industrial parks

1.  Technical infrastructure, social infrastructure and important environmental protection and environmental pollution control works of economic zones shall be funded by investment and development allocations from the local budget and target-based allocations from the central budget. Conditions, principles and types of works granted financial support by the central budget shall be subject to regulations laid down in the target program giving financial support for development of infrastructure of economic zones which is approved by a competent authority.

2.  Large-scale infrastructure investment projects which play a key role in the development of economic zones may mobilize capital by issuing bonds as per laws.

3.  Technical infrastructure, social infrastructure, public service or utility facilities serving the needs of economic zones may use official development assistance (ODA) capital, preferential loans and other technical support as prescribed by law.

4.  Capital mobilization may be through attracting investments under BOT, BT, BTO contracts and in other forms in accordance with law on investments made in the form of public-private partnership.

5.  Investment projects on construction and operation of infrastructure of functional zones in an economic zone may mobilize capital through authorizing investors having financial capability and experience to rent a part or the whole of land available for lease for their investment and sublease as stipulated by law.

6.  Investment projects on development of technical and social infrastructures serving the common needs of economic zones may mobilize capital by using the land reserve according to the provisions of the land legislation.

Article 27. Exit, entry, travel and residence in economic zones

1.  Foreigners and Vietnamese expatriates who work, make investments or do business in any economic zone, and their family members, may be granted multiple entry visa whose term conforms to laws; may temporarily or permanently reside in that economic zone and stay in Vietnam under the provisions of law on residence and law on exit, entry and residence of foreigners in Vietnam.

2.  Exit, entry and residence in bordergate economic zones shall be subject to the following regulations:

a)  Citizens of a neighboring district bordering on a bordergate economic zone may travel across the border gate to enter into that bordergate economic zone by presenting their border laissez-passers issued by a competent body of the neighboring country or other valid papers as per laws and in accordance with international treaties between Vietnam and its neighboring countries; subject to the requirements that the maximum duration of temporary residence of citizens of a neighboring country already holding border laissez-passers upon entry into border-gate economic zones is 15 days, and the border laissez passers must remain valid for at least 45 days before the time of entry. If they wish to go to other districts within the same province where the border gate economic zone is located, the provincial police department shall issue a single-use permit which is valid for no more than 15 days;

b)  Holders of passports not exempted from visa application requirements (who are citizens of bordering countries or third-party countries) may be granted exemption from requirements concerning application for visa upon entry or during residence in bordergate economic zones and can stay within the maximum duration of 15 days. If they go on tours operated by international travel agencies in Vietnam to visit other places within Vietnam, the immigration department shall be vested with authority to consider granting them entry visas at border crossing points;

c)  Cargo-carrying transport means of neighboring countries and third-party countries shall be allowed to enter bordergate economic zones under business contracts between foreign partners and Vietnamese enterprises, and terms and conditions of road and water transport agreements between Vietnam and its bordering, and shall be subject to inspection and supervision by carried out by competent bordergate authorities; in cases where such transport means are expected to load or unload goods at places outside bordergate economic zones, the transport means must comply with regulations currently in force.Transport operators (including crew members aboard trains, drivers or assistant drivers) may enter or leave bordergate economic zones by presenting their passports, crew identification numbers, border identity cards or border laissez-passers issued by competent authorities of foreign countries in accordance with international treaties between Vietnam and its neighboring countries;

d)  Goods owners and owners of means of transport, together with Vietnamese drivers, who have business relationship with partners of their neighboring countries shall be allowed to carry these goods and means to neighboring countries for goods loading and unloading by presenting border laissez-passers or other legitimate papers issued by competent Vietnamese authorities;

dd) Vietnamese citizens working and living in communes, wards or townlets where bordergate economic zones are located may travel to neighboring countries by presenting border laissez-passers or other valid papers in accordance with international treaties between Vietnam and its neighboring countries if these countries agree.

Article 28. Financial and credit facility regulations applied to economic zones

1.  The purchase, sale, payment, transfer and other transaction relations between organizations and individuals doing business within border-gate economic zones may be effected in the currency unit of Vietnam (dong), China (yuan), Laos (kip), Cambodia (riel) and other freely convertible foreign currencies in accordance with the law on foreign exchange control.

2.  Credit institutions may establish and operate their economic zones in accordance with the law on credit institutions.

3.  Domestic and foreign tourists visiting non-tariff zones within bordergate economic zones shall enjoy tax incentives when buying imported goods brought back to their home countries in accordance with the tax legislation applicable to non-tariff zones located within bordergate economic zones.

4.  Organizations and individuals succeeding in mobilizing non-refundable official development assistance capital and attracting investment projects implemented within economic zones shall be commended and rewarded according to the Regulation promulgated by provincial-level People's Committees upon receipt of the approval from the Ministry of Finance.

Article 29. Temporary residence within industrial parks, export processing zones and export processing enterprises

1.  Inhabitants shall be prohibited from residing at industrial parks and export processing zones.

2.  Only investors, persons working in export processing zones, export processing enterprises and those who do business with agencies, organizations or enterprises located within export processing zones or export processing enterprises may enter or exit these export processing zones or export processing enterprises.

3.  This Decree provides that only foreigners who work as managers, chief executive officers and experts are granted the permit for temporary stay within industrial parks and export processing zones, if necessary, under regulations adopted by the provincial People's Committee. The following requirements for a foreigner's temporary residence must be satisfied:

a)  Temporary residence serves the business and production needs of enterprises;

b)  He/she is not allowed to stay with his/her family and relatives;

c)  He/she is obliged to abide by temporary residence registration and declaration procedures stipulated in applicable regulations on entry, exit and residence of aliens in Vietnam;

d)  Dwellings of foreign managers, chief executive officers and experts shall need to be separate from production and office areas; shall be bound to meet construction standards applied to housing. Enterprises shall be responsible for registering temporary residence for foreigners; shall be committed to maintaining social security, order and avoiding any adverse impact on operations of industrial parks and export processing zones.

Article 30. Particular regulations applied to export processing zones and export processing enterprises

1.  Export processing zones and export processing enterprises shall be subject to regulations applicable to separate customs areas and non-tariff zones, except for particular regulations applicable to non-tariff zones within bordergate economic zones. If export processing enterprises may be exempted from applying for the Certificate of investment registration, such exemption shall be specified in their investment registration certificates or written document issued by the competent investment registry. The investment registry shall be held responsible for gathering opinions from the competent customs authorities on the capability to satisfy conditions of the customs inspection and supervision before issuing the investment registration certificate or confirmation in writing to investors.

2.  In industrial parks, there may be industrial sub-zones for export processing enterprises. Export processing zones, export-processing enterprises or industrial parks reserved for export-processing enterprises shall be separated from the outside by fence systems, have ports, entrance and exit doors, and fulfill requirements concerning supervision and control by customs authorities and related functional agencies according to regulations applicable to non-tariff areas and regulations laid down in the legislation on import and export duty.

3.  Export processing enterprises may purchase building materials, stationery, food, foodstuffs and consumer goods from inland areas of Vietnam for carrying out construction works or meeting the needs of operation of the office system and basic needs of officers and staff members working in these enterprises.

Export processing enterprises and persons selling goods to export processing enterprises shall have the option of carrying out procedures for export or import of building materials, stationery, food, foodstuffs and consumer goods from inland areas of Vietnam.

4.  Customs procedures, inspection and supervision of exported and imported goods of export processing zones and export processing enterprises shall be subject to the customs legislation.

5.  Exchange of goods between export processing zones or export processing enterprises and other areas within the territory of Vietnam, except for non-tariff zones, shall be defined as an export or import relationship, unless otherwise stipulated in clause 3 of this Article and except in the cases where customs procedures are not required under regulations adopted by the Ministry of Finance.

Export processing enterprises may sell into the domestic market their liquidated assets and goods under the provisions of law on investment and trade. At the time of selling or disposing of goods in the domestic market, export or import management policies shall not apply, except to the extent that the goods are subject to management in conformity with conditions or standards ,and specialized inspection have not yet been implemented when import; The goods must be approved in writing by the import permit-issuing agency

6.  Officers, workers and staff members working in export processing zones and export processing enterprises, when carrying foreign currencies from inland areas of Vietnam to export processing zones or export processing enterprises, and vice versa, shall not have to make customs declaration.

7.  Export processing enterprises, when being permitted to purchase, sell goods and carry out other activities directly related to the purchase and sale of goods in Vietnam, must open separate accounting books for revenue and expenses related to these activities in Vietnam, arranging zones for storage of goods for such purchase or sale separated from those for production activities of export-processing enterprises, or setting up separate branches outside export processing enterprises or export processing zones to carry out these activities.

8.  Branches of an export processing enterprise may have the operational system so applied to export processing enterprises as specified in this Article if they meet the conditions specified referred to in Clause 2 of this Article, may be set up within export processing zones, industrial parks or economic zones, and shall have to keep a record of accounting entries at the discretion of export processing enterprise.

Article 31. Rights and obligations of enterprises operating within industrial parks, economic zones and investors putting their stakes in development of infrastructure in industrial parks and economic zones

1.  Enterprises operating in industrial parks, economic zones and investors putting their stakes in development of infrastructure of industrial parks or economic zones shall be accorded full powers and obligations that an investor would have under the provisions of the law on investment and enterprises as well as other relevant laws.

2.  Investors involved in development of infrastructure of industrial parks and functional areas of economic zones shall determine the price at which land with already existing technical infrastructure is leased or subleased, and costs incurred from use of other related infrastructure in accordance with laws, and shall be obliged to register the price and fee bracket with the industrial park or economic zone Management Board.

Registration of that price and fee bracket is carried out periodically every 6 months or unless otherwise adjusted in comparison with the registered one.

3.  In cases where an investment project for development of industrial park infrastructure involves multiple investors, investors shall take joint responsibility for ensuring uniformity of technical infrastructure of that industrial park as prescribed herein.

4.  Investors developing industrial park infrastructure and investors being lessee or sublessee of land with established infrastructure in that industrial park may build and lease out premises, including multistory ones within that industrial park, in accordance with the law on construction and guidance provided by the Ministry of Construction and other relevant laws.

5.  Investors developing infrastructure of industrial parks and functional sites within economic zones shall assume responsibility to build and operate concentrated wastewater treatment stations and other environmental protection works (if any) in accordance with legislation on environmental protection.

6.  Investors developing infrastructure of industrial parks and functional sites within economic zones who are given financial support from the state budget for investment in development of infrastructure of industrial parks and functional sites of economic zones shall be responsible for repairing, maintaining and operating such infrastructure intended for production and business activities of enterprises which are lessees or sublessees of land within industrial parks or functional zones within economic zones.

In case of transfer of investment projects or equitization of state enterprises, the handling of assets formed by using the state budget’s financial support for industrial parks or functional sites in economic zones shall be subject to law on state capital management and equitization.

7.  Comply with regulations on public security, order, maintenance of labor safety and sanitation, corporate culture, environmental protection, fire and explosion prevention. Cooperate with police forces and competent authorities in formulating plans for fire safety, control, maintenance of public security, order and social safety within local jurisdictions where investors are operating.

8.  Prepare statistical reports for submission to competent authorities under the provisions of law.

Article 32. Development of housing, social, cultural and sports works for employees working in industrial parks and economic zones

1.  The State encourages organizations and individuals to invest in construction of dwelling houses for rent to employees working in industrial parks or economic zones, and stimulates employers and enterprises developing infrastructure of industrial parks and economic zones to invest in construction of dwelling houses, social, cultural and sports facilities for employees in industrial parks and economic zones.

2.  Dwelling houses, social, cultural and sports facilities developed under Clause 1 of this Article must satisfy dimensional, quality, aesthetic, safety and environmental standards as per laws.

3. People’s Committees at all levels shall be responsible for enabling employees to have easy access to healthcare, educational, social, cultural and sports services within their local jurisdictions.

4.  Planning for development of housing, social, cultural and sports facilities for employees in industrial parks shall be closely connected with the planning of industrial parks located within these local jurisdictions. Provincial People's Committees shall set up the land use planning and reserve unoccupied land situated in appropriate positions in order for agencies, organizations and enterprises to build dwelling houses, social, cultural or sport facilities for employees in industrial parks. In the course of implementing procedures for execution of investment projects on development of industrial park infrastructure, investors in development of industrial park infrastructure must report to the investment registration agency on plans for development of housing, social, cultural and sports facilities for employees in industrial parks.

5.  As for industrial parks having difficulties in housing, social, cultural and sports facilities for employees, based on specific conditions, in the light of the requests of investors in

developing infrastructure of industrial parks and provincial People's Committees, the Ministry of Planning and Investment shall assume the prime responsibility for, and cooperate with the Ministry of Construction in, applying for the Prime Minister’s decision to adjust acreage of industrial parks existing in the industrial park development planning to save a part of the industrial park land which has been cleared for investment in construction of social houses, social, cultural and sport facilities for employees. Upon receipt of the approval from the Prime Minister, the provincial People's Committee shall approve adjustment to the planning for construction of industrial parks in accordance with the provisions of the construction law.

In cases where the area planned for development of dwelling houses, social, cultural or sport facilities is adjacent to an industrial park, the provincial People's Committee shall approve the planning for construction of industrial parks associated with the planning for construction of housing blocks, cultural and sports facilities for workers in industrial zones.

The Ministry of Finance and concerned ministries and sectoral administrations shall take responsibility to provide regulations and guidance on application of investment preferences and incentives with respect to investment projects on development of dwelling houses, social, cultural and sport facilities within industrial parks and economic zones.