Decree 32/2024/ND-CP on the guidance for the procedures and processes of establishing and expanding industrial clusters
Decree 32/2024/ND-CP on Guidance for the Procedures to Establish and Expand Industrial Clusters
According to Article 10 Decree 32/2024/ND-CP clarifies the procedures for establishing and expanding industrial clusters as follows:
Step 1: Notification and reception of dossiers:
- Within 5 working days from the date of receipt of the first document submitted by the enterprise, cooperative, or organization requesting to serve as the investor in the technical infrastructure construction of the industrial cluster, the District People's Committee is responsible for widely notifying the reception of the establishment and expansion dossier of the industrial cluster on the local public media.
- The time limit for receiving dossiers is within 15 days from the notification date.
Step 2: Preparation of dossiers for the establishment and expansion of industrial clusters:
Within 5 working days from the closure of receiving establishment and expansion dossiers, the District People's Committee will lead and cooperate with the enterprises, cooperatives, or organizations requesting to serve as the investor in the technical infrastructure construction of the industrial cluster to prepare 2 sets of dossiers for the establishment and expansion of the said industrial cluster, accompanied by an electronic file of the dossier, and send them to the Department of Industry and Trade to lead and cooperate with relevant provincial departments and authorities to organize the appraisal.
Step 3: Appraisal of the establishment and expansion of the industrial cluster:
- Within 25 days from the full receipt of the establishment and expansion dossiers, the Department of Industry and Trade will complete the appraisal and compile a report to the Provincial People's Committee on the establishment and expansion of the industrial cluster.
- In case the dossier and report contents on the establishment and expansion of the industrial cluster do not meet the requirements, the Department of Industry and Trade will send a document to the District People's Committee for supplementation and completion of the dossier.
The time limit for dossier supplementation and completion is not included in the appraisal duration.
- The selection of enterprises, cooperatives, or organizations as investors for the technical infrastructure construction of the industrial cluster is carried out according to the provisions of Clause 2 Article 13 Decree 32/2024/ND-CP.
- The Provincial People's Committee stipulates the notification to enterprises, cooperatives, or organizations requesting to serve as the investor in the technical infrastructure construction of the industrial cluster on the selection results.
Step 4: Consideration and decision on the establishment and expansion of industrial clusters:
- Within 7 working days from the date of receipt of one set of establishment and expansion dossiers accompanied by the appraisal report from the Department of Industry and Trade, the Provincial People's Committee will consider and decide on the establishment and expansion of the industrial cluster.
The decision on the establishment and expansion of the industrial cluster is sent to the Ministry of Industry and Trade.
- In cases where the name, position within the district's administrative boundary change, or the area increases by no more than 5 hectares compared to the approved plan and is consistent with the district's land use planning and other plans in the area, the Provincial People's Committee will consider and decide on the establishment and expansion of the industrial cluster;
Simultaneously update the changes to report to the Prime Minister of Vietnam in the next provincial planning establishment and approval period.
Thus, the procedures for establishing and expanding an industrial cluster must be carried out according to a 4-step sequence and within the stipulated time.
Decree 32/2024/ND-CP on Guidance for the Procedures to Establish and Expand Industrial Clusters (Image from the Internet)
What documents must the enterprise submit when proposing to establish or expand an industrial cluster?
Based on Clause 1 Article 9 Decree 32/2024/ND-CP stipulates the documents required for proposing the establishment or expansion of an industrial cluster include:
- A proposal document for the establishment or expansion of the industrial cluster by the District People's Committee.
In case the industrial cluster is located on two or more district-level administrative units, the Provincial People's Committee will assign one District People's Committee to propose the establishment or expansion of the industrial cluster.
- A document from the enterprise, cooperative, or organization proposing to serve as the investor in the technical infrastructure construction of the industrial cluster (which includes a commitment not to violate legal provisions and bear all costs and risks if not accepted) accompanies an Investment Report on the establishment or expansion of the industrial cluster and a map specifying the location and boundaries of the industrial cluster.
- Valid copies of documents regarding the legal status of the enterprises, cooperatives, or organizations proposing to serve as the investor in the technical infrastructure construction of the industrial cluster.
- Valid copies of documents proving the financial capacity of the enterprises, cooperatives, or organizations proposing to serve as the investor in the technical infrastructure construction of the industrial cluster, including at least one of the following documents:
+ Financial statements for the last 2 years;
+ Commitment of financial support from the parent company;
+ Commitment of financial support from a financial institution;
+ Financial capacity guarantee;
+ Other documents proving financial capacity (if available).
- Valid copies of documents proving the experience of the enterprise, cooperative, or organization proposing to serve as the investor in the technical infrastructure construction of the industrial cluster, and other related documents (if available).
Enterprises proposing to establish or expand an industrial cluster must submit dossiers including:
- A proposal document for the establishment or expansion of the industrial cluster.
- A document proposing to serve as the investor in the technical infrastructure construction of the industrial cluster, accompanied by the Investment Report on the establishment or expansion of the industrial cluster and a map specifying the location and boundaries of the industrial cluster.
- Valid copies of documents regarding the legal status of the enterprise.
- Valid copies of documents proving the financial capacity of the enterprise.
- Valid copies of documents proving the experience of the enterprise and other related documents (if available).
Conditions for establishing an industrial cluster from May 1, 2024, according to Decree 32/2024/ND-CP:
Based on Article 8 Decree 32/2024/ND-CP stipulating the conditions for establishing or expanding an industrial cluster, the conditions for establishing an industrial cluster include:
- It is included in the list of industrial clusters in the province approved by the competent authority; having land funds suitable with district-level land use planning.
- There are enterprises, cooperatives, or organizations with legal status and financial capacity proposing to invest in the construction of the technical infrastructure of the industrial cluster;
In cases where the district-level area has already established an industrial cluster, the average occupancy rate of the industrial clusters must be over 50% or the total unleased industrial land of the industrial clusters must not exceed 100 hectares.
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