If the price bracket for using the infrastructure of the technology park in Vietnam increases by more than 10% compared to the price bracket registered with the Management Board, how will it be resolved?
- What are the rights and obligations of the investors implementing investment projects, construction and infrastructure business in industrial parks and special economic zones (SEZ)?
- What are the requirements for investment in construction, maintenance, maintenance and operation of infrastructure works in industrial parks and functional zones in special economic zone (SEZ)s?
- How will it be resolved if the price bracket and fees for using infrastructure increase by more than 10% compared to the price bracket registered with the Management Board?
What are the rights and obligations of the investors implementing investment projects, construction and infrastructure business in industrial parks and special economic zones (SEZ)?
According to Article 27 of Decree No. 35/2022/ND-CP stipulating the rights and obligations of investors implementing investment projects in industrial parks and special economic zones; investors implementing construction investment projects and infrastructure business in industrial zones and functional zones in special economic zones as follows:
"Article 27. Rights and obligations of investors implementing investment projects in industrial parks and special economic zones and investors implementing investment projects on construction and infrastructure business in industrial parks and special economic zones function in special economic zone
1. Investors implementing investment projects in industrial parks and special economic zones and investors implementing investment projects on construction and business infrastructure of industrial parks and functional zones in foreign special economic zones General rights and obligations of investors and enterprises according to the provisions of the law on investment, the law on enterprises, this Decree and other relevant laws, also have the following rights and obligations: :
a) Comply with regulations on security, order, assurance of occupational safety and hygiene, work quality, environmental protection and fire and explosion prevention;
b) Cooperate with police forces and competent state agencies in formulating plans on fire prevention and fighting, ensuring security, order and social safety in the area;
c) Report to the investment registration agency and the state management agency for statistics in the locality on the implementation of investment projects in accordance with the provisions of the law on investment.
2. In addition to the provisions of Clause 1 of this Article, investors implementing investment projects on construction and trading in infrastructure of industrial parks and functional zones in special economic zones have the following rights and obligations:
a) Rent, negotiate and cooperate with other investors to invest in the construction, maintenance, maintenance and operation of infrastructure works in industrial parks and functional zones in special economic zones or share infrastructure facilities in industrial zones and functional zones in special economic zones. infrastructure works inside and outside the fences of industrial parks and functional zones in special economic zones according to the provisions of the civil law and other relevant laws;
b) Register and re-register the industries and trades attracting investment in each type of supporting industrial park, specialized industrial park, high-tech industrial park, ecological industrial park (if any) at the Board of Directors. management of industrial parks and special economic zones;
c) For the industrial land area of an industrial park for the cases specified in Clause 4, Article 9 of this Decree, the land rental price or sub-lease price for land with which technical infrastructure has been built and fees for using infrastructure up to 70% of the actual price and fees for using infrastructure at the time of leasing or sub-lease."
New regulations: What are requirements to build functional zones in special economic zones? What if the price bracket for using infrastructure increases by more than 10% compared to the price bracket registered with the Management Board?
What are the requirements for investment in construction, maintenance, maintenance and operation of infrastructure works in industrial parks and functional zones in special economic zone (SEZ)s?
According to Article 27 of Decree No. 35/2022/ND-CP stipulating that the investment in construction, maintenance, maintenance and operation of infrastructure works in industrial parks and functional zones in special economic zone (SEZ)s must ensure the following requirements:
- Be conformity with construction planning, construction design approved by competent authorities;
- Ensure the synchronization of infrastructure works of industrial parks and functional zones in special economic zones;
- Ensuring the operation of enterprises in industrial parks, functional zones in special economic zones.
How will it be resolved if the price bracket and fees for using infrastructure increase by more than 10% compared to the price bracket registered with the Management Board?
According to Article 27 of Decree No. 35/2022/ND-CP stipulating the case in which the price bracket and fees for using infrastructure increase by more than 10% compared to the price bracket and fees for using infrastructure registered with the Management Board. In industrial parks and special economic zones, the following price measures shall be applied:
- Based on the assessment of the impact on the investment and business environment in the area, the Management Board of industrial parks and special economic zones proposes investors to implement investment projects on construction and business of infrastructure facilities. floors of industrial parks and functional zones in special economic zones to re-register the price bracket and fees for using infrastructure ahead of time and explain the change of the price bracket and fees for using infrastructure;
- In case of necessity, the Management Board of industrial parks and special economic zones shall organize the appraisal of the price brackets and fees for using the infrastructure of the investors implementing investment projects on construction and business of infrastructure of the zone. industrial zones, functional zones in registered special economic zones.
Note: The lease, sub-lease of factories, offices, warehouses and other constructions built for the production and business services of investors implementing investment projects in industrial parks and special economic zones must ensure compliance with the provisions of the law on land, the law on real estate business and regulations. other provisions of relevant laws.
Decree 35/2022/ND-CP takes effect from July 15, 2022
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