If an economic zone in Vietnam increases/decreases in area, can its boundary be adjusted? Authority to decide to adjust the boundary of an economic zone?
In what cases can economic zone in Vietnam boundaries be adjusted?
Pursuant to Article 18 Decree 35/2022/ND-CP on management of industrial parks and economic zones stipulates the conditions for adjusting economic zone in Vietnam boundaries as follows:
“Article 18. Adjustment of economic zone
boundaries 1. Boundary adjustment economic zone means adjusting the geographical boundary of an economic zone that has been established in the same commune-level area or from an area belonging to one commune level to an area belonging to other corresponding commune levels in the same administrative area. district, but the total area of the economic zone does not change by more than 10% and does not change the district-level areas.
2. The adjustment of the boundary of an economic zone shall be effected in one of the following cases:
a) Due to changes in the national planning, regional planning, provincial planning or related planning affecting the effect of the economic zone. affect the development direction of the economic zone;
b) Reducing the size of the area of the economic zone compared to the area of the already established economic zone;
c) Increase the size of the area of the economic zone compared to the area of the established economic zone but not by more than 10% to ensure the development space and spillover effects of the priority sectors and fields. development of the economic zone.”
Thus, in order to adjust the boundary of an economic zone, it must be in the cases specified above.
Dossier to adjust economic zone in Vietnam boundaries?
Pursuant to Article 19 Decree 35/2022/ND-CP on management of industrial zones and economic zones stipulates that the application for adjustment of the boundary of an economic zone in Vietnam is as follows:
“Article 19. Dossier for adjustment of the boundary of an economic zone
1. Scheme The adjustment of the boundary of an economic zone by the People's Committee of the province shall include the following contents:
a) Legal basis, necessity and contents of adjustment of the boundary of the economic zone;
b) Assessment of the current status of construction and development of established economic zones;
c) Evaluation and explanation of the ability to satisfy the conditions specified at Points b, c, d and dd, Clause 2, Article 14 and Article 18 of this Decree (enclosed with relevant documents);
d) Estimated development direction of the economic zone after the boundary adjustment includes: development objectives, area size, nature and functions of the economic zone; development direction of industries and fields; spatial development orientation, functional zones in economic zones; plans and roadmaps for investment in construction and development of economic zones;
d) Proposing solutions and organizing the implementation;
e) Show the plan to adjust the boundary of the economic zone on the map at scale 1:10,000- 1:25,000.
2. The proposal to the Prime Minister of the People's Committee of the province requesting adjustment of the boundary of the economic zone.
3. Dossier is made into 10 sets, of which at least 02 sets of original documents (01 set of original documents submitted to the Prime Minister) and 09 sets of documents submitted to the Ministry of Planning and Investment for appraisal according to regulations. prescribed in Article 20 of this Decree.”
What is the procedure for adjusting the boundary of an economic zone in Vietnam?
Pursuant to Article 20 Decree 35/2022/ND-CP on management of industrial parks and economic zones stipulates the order and procedures for adjusting economic zone in Vietnam boundaries as follows:
“Article 20. Order and procedures for adjusting zone boundarieseconomic
zones as prescribed in Article 19 of this Decree, the Ministry of Planning and Investment shall send dossiers for appraisal. of the relevant state agency.
2. If the application does not meet the requirements of Article 19 of this Decree, the Ministry of Planning and Investment shall notify in writing the People's Committee of the province to supplement or amend the application. Time for supplementing and amending dossiers is not included in the appraisal time.
3. Within 15 days from the date of receipt of the request for opinions, the consulted agency shall give its opinion on the contents under its state management and send it to the Ministry of Planning and Investment.
4. Within 40 days after receiving a complete dossier, the Ministry of Planning and Investment shall make an appraisal report containing the contents specified in Clause 5 of this Article and submit it to the Prime Minister for consideration and decision. 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 adjustment of the economic zone's boundary include:
a) The legal basis and the necessity of the adjustment of the boundary of the economic zone;
b) Evaluation of the satisfaction of the conditions specified at Points b, c, d and dd, Clause 2, Article 14 and Article 18 of this Decree;
c) Assess the development direction of the economic zone after adjusting the boundary;
d) Evaluate solutions and organize implementation.”
Who has the authority to adjust the boundary of an economic zone?
Pursuant to Article 21 Decree 35/2022/ND-CP on management of industrial parks and economic zones stipulates on the authority to adjust economic zone boundaries as follows:
“Article 21. Authority to establish, expand and adjust zone boundaries economic
1. The Prime Minister shall decide to establish, expand and adjust the boundary of economic zones.
2. Economic zones are organized into functional zones. The size of area, location and nature of each functional zone are determined in the general planning on construction of economic zones approved by the Prime Minister in accordance with the law on construction.
3. In case the area of an economic zone differs by not more than 1% and not more than 200 hectares compared with the area size of the established economic zone, the Prime Minister shall approve the general planning on construction of the economic zone. without having to adjust the boundary of the economic zone. The size of the area, boundaries and location of the economic zone shall comply with the general planning on construction of the economic zone approved by the Prime Minister.”
Thus, the Prime Minister has the authority to decide on the establishment, expansion and adjustment of boundaries of economic zone in Vietnam.
Decree 35/2022/ND-CP takes effect from July 15, 2022.
Lê Nguyễn Cẩm Nhung
