Dossier for the Proposal to Establish an Industrial Cluster under the Management of the Ministry of Industry and Trade: What Documents are Included?
Which documents are included in the dossier for proposing the establishment of industrial clusters under the management scope of the Ministry of Industry and Trade?
Pursuant to the regulations in the newly issued administrative procedure appendix in the field of industrial clusters under the management scope of the Ministry of Industry and Trade, issued in conjunction with Decision 821/QD-BCT in 2024, the dossier for proposing the establishment of industrial clusters under the management function of the Ministry of Industry and Trade by enterprises, cooperatives, and organizations includes the following documents:
(1) Written request from enterprises, cooperatives, organizations proposing to be the investor in technical infrastructure construction of the industrial cluster, attached with the investment report on the establishment of the industrial cluster and a map determining the location and boundaries of the industrial cluster;
(2) A valid copy of documents proving the legal status of the enterprises, cooperatives, organizations proposing to be the investor in the technical infrastructure construction of the industrial cluster;
(3) A valid copy of documents proving the financial capacity of the enterprises, cooperatives, organizations proposing to be the investor in the technical infrastructure construction, including at least one of the following documents:
- Financial statements for the last 02 years;
- Financial support commitment from the parent company;
- Financial support commitment from financial institutions; financial capacity guarantee;
- Other documents proving financial capacity (if any);
(4) A valid copy of documents proving the experience of the enterprises, cooperatives, organizations proposing to be the investor in the technical infrastructure construction of the industrial cluster and other related documents (if any).
Note: The document in item (1) must include a commitment not to violate legal regulations and to bear all costs and risks if the proposal is not accepted.
The number of dossiers proposing the establishment of industrial clusters under the management function of the Ministry of Industry and Trade required to prepare is 02 sets.
Which documents are included in the dossier for proposing the establishment of industrial clusters under the management scope of the Ministry of Industry and Trade? (Image from the Internet)
Conditions for establishing and expanding industrial clusters from May 1, 2024, according to Decree 32/2024/ND-CP?
Pursuant to Article 8 of Decree 32/2024/ND-CP regulating conditions for establishing and expanding industrial clusters as follows:
Conditions for establishing and expanding industrial clusters
1. The establishment of an industrial cluster must meet the following conditions:
a) Be included in the list of industrial clusters in the province approved by competent authorities; have land resources compatible with the land use plan of the district;
b) Have enterprises, cooperatives, organizations with legal status, and investment capacity in technical infrastructure construction proposing to be the investor in the technical infrastructure construction of the industrial cluster;
c) In cases where the district has already established industrial clusters, the average occupancy rate of the industrial clusters must be above 50% or the total unleased industrial land area of the industrial clusters must not exceed 100 ha.
2. The expansion of an industrial cluster must meet the following conditions:
a) The total area of the industrial cluster after expansion must not exceed 75 ha; have land resources compatible with the land use plan of the district;
b) Have enterprises, cooperatives, organizations with legal status, and investment capacity in technical infrastructure construction proposing to be the investor in the technical infrastructure construction of the industrial cluster;
c) Achieve an occupancy rate of at least 60% or the demand for industrial land leasing within the industrial cluster exceeds the available industrial land area of the industrial cluster;
d) Complete and put into use the essential shared technical infrastructure works (including: internal roads, water supply, wastewater collection, and treatment) according to the approved detailed plan.
Thus, the conditions for establishing an industrial cluster are:
- Included in the list of industrial clusters in the province approved by competent authorities; have land resources compatible with the land use plan of the district;
- Have enterprises, cooperatives, organizations with legal status, and investment capacity in technical infrastructure construction proposing to be the investor in the technical infrastructure construction of the industrial cluster;
In cases where the district has already established industrial clusters, the average occupancy rate of the industrial clusters must be above 50% or the total unleased industrial land area of the industrial clusters must not exceed 100 ha.
Additionally, the conditions for expanding an industrial cluster are as follows:
- The total area of the industrial cluster after expansion must not exceed 75 ha; have land resources compatible with the land use plan of the district;
- Have enterprises, cooperatives, organizations with legal status, and investment capacity in technical infrastructure construction proposing to be the investor in the technical infrastructure construction of the industrial cluster;
- Achieve an occupancy rate of at least 60% or the demand for industrial land leasing within the industrial cluster exceeds the available industrial land area of the industrial cluster;
- Complete and put into use the essential shared technical infrastructure works according to the approved detailed plan.
What are the investment incentive policies for business production projects in industrial clusters?
Pursuant to Clause 2, Article 25 of Decree 32/2024/ND-CP which stipulates investment incentives for infrastructure construction projects in industrial clusters and business production projects in industrial clusters as follows:
Investment incentives for infrastructure construction projects in industrial clusters and business production projects in industrial clusters
1. Industrial clusters are areas with difficult socio-economic conditions; investing in the technical infrastructure construction of industrial clusters is an especially encouraged investment sector.
2. The application of incentives for infrastructure construction projects in industrial clusters and business production projects in industrial clusters is implemented according to the regulations of the law on land, tax law, credit law, and other relevant laws. In cases where the law stipulates different incentive levels, the highest incentive level shall apply.
Thus, business production projects in industrial clusters are granted incentives according to the law on land, tax law, credit law, and other relevant laws.
LawNet