What are the conditions for establishing an economic zone in Vietnam from July 15, 2022? What is the procedure for setting up an economic zone in Vietnam?
What are the conditions for establishing an economic zone in Vietnam?
According to Article 14 Decree 35/2022/ND-CP regulates the establishment of economic zones as follows:
"Article 14. Establishment of economic zones
1. Economic zones include: coastal economic zones, border-gate economic zones and special economic zones (hereinafter collectively referred to as economic zones
)
. list of economic zones in the province or centrally run city;
b) Capable of mobilizing resources for investment in building a system of technical and social infrastructure of the economic zone and development of production and business;
c) Having socio-economic efficiency;
d) Satisfying environmental protection conditions as prescribed by the law on environmental protection;
dd) Ensuring national defense and security 3.
Dossier, order and procedures for establishment of an economic zone comply with the respective provisions in Articles 15 and 16 of this Decree."
Thus, in order to establish an economic zone from July 15, 2022, the above conditions must be met.
What are the conditions for establishing an economic zone in Vietnam from July 15, 2022? What is the procedure for setting up an economic zone in Vietnam?
Dossier of establishment of an economic zone in Vietnam includes what?
According to Article 15 Decree 35/2022/ND-CP stipulates that the application file for establishment of an economic zone in Vietnam is as follows:
"Article 15. Dossier for establishment of an economic zone
1. The project of establishment of an economic zone issued by the People's Committee of the People's Committee of Vietnam.province includes the following contents:
a) Legal basis and necessity of the establishment of an economic zone;
b) Assessment of the current status, factors and conditions of geographical location, natural resources, and natural resources. , socio-economic, limitations and comparative advantages of the area to be established economic zone compared with other areas in the whole country;
c) Assessment and explanation of the ability to meet the conditions Conditions for establishment of an economic zone specified in Clause 2, Article 14 of this Decree (enclosed with relevant documents);
d) Estimated development direction of the economic zone, including: development objectives, size of the area analysis, properties and functions of economic zones; directions for development of sectors and fields; orientations for spatial development and functional zones in economic zones; plans and roadmaps for investment in construction and development economic zones;
dd) Proposing solutions and implementation organization;
e) Show the plan for establishing the economic zone on the map at scale 1:10,000 - 1:25,000.
2. The proposal submitted to the Prime Minister of the provincial People's Committee for the establishment of an economic zone.
3. Dossier is made into 10 sets, of which there are at least 02 sets of original dossiers (01 set of original dossiers submitted to the Prime Minister) and 09 sets of dossiers submitted to the Ministry of Planning and Investment for appraisal according to regulations.16 of this Decree."
What is the order and procedures for establishing an economic zone in Vietnam?
Article Decree 35/2022/ND-CP stipulates the order and procedures for establishing economic zones as follows:
"Article 16. Order and procedures for establishing economic zones
1. Within 03 working days from the day on which the complete application is received as prescribed in Article 15 of this Decree, the Ministry of Planning and Investment shall send the dossier for appraisal opinions from relevant state agencies
. In response to the provisions of Article 15 of this Decree, the Ministry of Planning and Investment shall notify in writing the provincial-level People's Committees to supplement or amend the dossier.appraisal
opinions as prescribed in Clause 1 of this Article, the consulted agency shall give appraisal opinions on the contents under its management.Planning
and Investment shall prepare an appraisal report containing the contents specified in Clause 5 of this Article. This, submitted to the Prime Minister for consideration, decide on the establishment of economic zones.
In case of necessity, the Ministry of Planning and Investment shall establish an Appraisal Council or hold a meeting with relevant state agencies and the People's Committee of the province to clarify relevant issues.
5. Contents of appraisal of the establishment of an economic zone include:
a) Legal grounds and necessity of the establishment of the economic zone;
b) Evaluation of the satisfaction of the conditions for the establishment of an economic zone specified in Clause 2, Article 14 of this Decree;
c) Assess the development direction of the economic zone;
d) Evaluation of solutions and implementation."
Decree 35/2022/ND-CP takes effect from July 15, 2022.
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