Decree No. 164/2013/ND-CP of November 12, 2013, amending and supplementing a number of articles of the Government’s Decree No. 29/2008/ND-CP of March 14, 2008, on industrial parks, export-processing zones and economic zones

 THE GOVERNMENT

Decree No. 164/2013/ND-CP of November 12, 2013, amending and supplementing a number of articles of the Government’s Decree No. 29/2008/ND-CP of March 14, 2008, on industrial parks, export-processing zones and economic zones

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 29, 20015 Law on Investment;

Pursuant to the November 29, 20015 Law on Enterprises;

At the proposal of the Minister of Planning and Investment,

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 29/2008/ND-CP of March 14, 2008, on industrial parks, export-processing zones and economic zones.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 29/2008/ND-CP of March 14, 2008, on industrial parks, export-processing zones and economic zones:

1. To amend Clauses 4 and 5 of, and add Clause 8 to, Article 2 as follows:

“4. Coastal economic zones means economic zones that are located in coastal areas and adjacent areas and established according to the conditions, order and procedures prescribed in Decree No. 29/2008/ND-CP.

Border-gate economic zones means economic zones that are located in land border areas and adjacent areas with international border gates or main border gates and established according to the conditions, order and procedures prescribed in Decree No. 29/2008/ND-CP.

Coastal economic zones and border-gate economic zones are collectively referred to as economic zones, unless they are specifically referred to.”

“5. Industrial land area means the land area of an industrial park for lease or sub-lease to investors for implementing production and business investment projects in this industrial park, which is identified in the approved detailed plan on construction of industrial parks.”

“8. Occupancy rate of an industrial park means the percentage (%) of the industrial land area already leased or sub-leased to investors for carrying out production and business activities to the total industrial land area of this industrial park.”

2. To amend and supplement Article 5 as follows:

“Article 5. Conditions for grant of investment certificates for construction or expansion of industrial parks

1. Conditions for grant of an investment certificate for an investment project to build and commercially operate industrial park infrastructure:

- The project is in line with the approved master plan on development of industrial parks and land use master plan and plan.

- At least 60% of the total industrial land area of industrial parks already established in the territory of the province or centrally run city has been leased or sub-leased to registered and licensed projects.

2. Conditions for grant of an investment certificate for the expansion of an industrial park:

- The industrial park is in line with the approved master plan on development of industrial parks and land use master plan and plan.

- The industrial park occupancy ratio must be at least 60%.

- A concentrated wastewater treatment facility has been built and put to use in the industrial park.

3. For industrial parks each occupying 500 ha or more in which many investors join in building and commercially operating infrastructure works in separate lots, or industrial parks linked with other urban or business centers under the same overall scheme, general construction plans must be elaborated under the Ministry of Construction’s guidance before detailed plans are made.    

4. For industrial parks each occupying 200 hectares or more, or located close to national highways, regional or national defense zones, historical relic conservation sites, scenic spots or regional or national ecological conservation zones, or located in grade-II, grade-I or special-grade urban centers, written opinions of the Ministry of Construction, the Ministry of Planning and Investment and related ministries and sectors, on detailed plans on construction of these industrial parks are required before such plans are submitted to provincial-level People’s Committees for approval.

5. For an existing industrial park and its expanded area developed by different infrastructure development investors, the conditions for grant of an investment certificate for the investment project to build and commercially operate this expanded area are the same as those for the establishment of new industrial parks as prescribed in Clause 1 of this Article.

6. Dossiers, order, procedures for, and competence to decide on, the establishment and expansion of industrial parks comply with Articles 8, 10 and 15 of Decree No. 29/2008/ND-CP.”

3. To amend Clauses 2 and 5, Article 6 as follows:

“2. This industrial park is in line with the socio-economic development master plan; the national land use master plan and plan; the regional and urban construction master plans; the technical infrastructure master plan; and the master plan on use of minerals and other natural resources.”

“5. The industrial park’s location is in line with the defense arrangement and satisfies the requirements on defense, security and protection of the environment, natural resources and historical and cultural relics.”