Industrial parks in Vietnam must be established for 15 years in the inner city of a grade-I city before it can be transformed into an urban-service area?
What are the conditions for converting industrial parks in Vietnam to developing urban-service zones?
Pursuant to Article 13 Decree 35/2022/ND-CP stipulates the conditions for converting industrial parks in Vietnam to developing urban-service zones, including:
"Article 13. Converting industrial parks to developing urban-service zones
1 Conditions for converting an industrial park into an urban-service zone development include:
a) Conformity with the provincial planning and urban planning in the province or centrally run city;
b) The industrial park The industrial park is located in the inner city of a special-class urban area, a grade-I urban center directly under the central government, and a grade-I city directly under the province
; consider converting at least 15 years or one-half (1/2) of the operating term of the industrial park;
d) Having the consent of the investor to implement the investment project on construction and business of structures infrastructure of the industrial park and over two thirds (2/3) of enterprises in the industrial park in the area to be converted, except for the following cases: the investment project has expired its operation term as prescribed by the Government. investment laws; the investment project is not eligible for land sublease extension in accordance with the law on land and civil law; investment projects causing serious environmental pollution subject to forced relocation according to the provisions of the law on environmental protection;
dd) Having socio-economic and environmental efficiency."
Thus, an industrial park must meet the above conditions to be transformed into an urban-service zone, in which time is required.is at least 15 years or one-half (1/2) of the operating term of industrial parks in Vietnam.
Industrial parks in Vietnam must be established for 15 years in the inner city of a grade-I city before it can be transformed into an urban-service area?
Conversion From industrial parks in Vietnam to an urban-service area, how is it
based on Article 13 Decree 35/2022/ND-CP stipulating the application file, order and procedures for appraisal of the conversion of an industrial park to an urban-service zone development include:
"Article 13. Conversion of industrial parksan industrial park to developing an urban-service zone
...
2. A dossier of application for conversion of an industrial park to an urban-service zone development includes:
a) A scheme to convert an industrial park to an urban area development Urbanization - services includes the following contents: legal grounds and necessity of converting industrial parks to urban - service development; assessment and explanation of the ability to meet the conditions specified in Clause 1 of this Article. Clause 1 of this Article (enclosed with relevant documents); plans for relocation, compensation, site clearance and plans for mobilizing capital sources for implementation; recommendations for solutions, mechanisms and policies specific characteristics (if any) and implementation organization;
b) The proposal of the provincial People's Committee to request the conversion of the industrial park to the development of an urban-service zone;
c) The dossier is made into 10 sets, including at least 02 sets original dossiers (01 original dossier submitted to the Prime Minister) and 09 dossiers submitted to the Ministry of Planning and Investment for appraisal according to the provisions of Clauses 3 and 4 of this Article.
3. Order and procedures for appraisal of the conversion of an industrial park to an urban-service development:
a) Within 03 working days from the date of receipt of a complete dossier as prescribed in Clause 2 of this Article, The Ministry of Planning and Investment shall send the application for appraisal opinions of the Ministry of Natural Resources and Environment, the Ministry of Construction and relevant state agencies;
b) If the application does not meet the requirements specified in Clause 2 of this Article, 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;
c) Within 15 days from the date of receipt of the dossier for opinion collection as prescribed at Point a of this Clause, the consulted agency shall give appraisal opinions on the contents within the scope of its state management, to the Ministry of Planning and Investment;
d) Within 45 days after receiving a complete dossier, the Ministry of Planning and Investment shall organize the appraisal of the dossier and make an appraisal report containing the contents specified in Clause 4 of this Article and submit it to the Prime Minister. consider and decide on the conversion of industrial parks to urban-service development.
Where necessary, the Ministry of Planning and Investment shall establish an appraisal council or hold a meeting with relevant state agencies and the provincial People's Committee to clarify relevant issues..."
Contents of appraisal of the conversion of industrial parks in Vietnam to an urban-service zone development
based on Article 13 Decree 35/2022/ND-CP stipulates the contents of appraisal of the conversion of industrial parks in Vietnam into urban-service development as follows:
"Article 13. Transformation of industrial parks into urban areas - services
...
4. Contents of appraisal of the conversion of industrial parks to urban - service development include:
a) Legal grounds and necessity of converting industrial parks to developing zones urban - service;
b) Assess the satisfaction of the conditions specified in Clause 1 of this Article;
c) Evaluate the feasibility of the relocation, compensation, site clearance and mobilization plans. capital sources for implementation;
d) Evaluation of specific solutions, mechanisms and policies (if any) and organization of implementation
5. The transformation of industrial parks into urban-service development is regulated by regulations. The provisions of this Article shall apply to part or the whole of the industrial park area
6. After the Prime Minister decides to convert the whole or part of the area of the industrial park into urban development. - For services, the investor of industrial park infrastructure projects, investors implementing investment projects on construction and trading of infrastructure of industrial parks shall follow the order and procedures for project adjustment according to regulations. of the law on public investment, the law on investment and other relevant laws. The selection of investors to implement urban - service projects shall comply with the provisions of the law on investment, the law on bidding, the law on land, the law on housing and the law on real estate business and other relevant provisions of law..."
The above are some legal provisions on the conversion of industrial zones into urban-service zones.
Decree 35/2022/ND-CP takes effect from July 15, 2022.
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