What are the processes and procedures for investment in industrial park infrastructure using public investment capital in Vietnam?
What forms are industrial parks in Vietnam invested in?
Pursuant to Clause 1, Article 6 of Decree No. 35/2022/ND-CP, industrial parks in Vietnam may take one of the following forms:
Industrial parks, export processing zones, supporting industrial parks, specialized industrial parks, eco-industrial parks and hi-tech industrial parks (hereinafter referred to as industrial parks).
What are the processes and procedures for investment in industrial park infrastructure using public investment capital in Vietnam?
What are the processes and procedures for investment in industrial park infrastructure using public investment capital in Vietnam?
Pursuant to Article 8 of Decree No. 35/2022/ND-CP stipulating the processes and procedures for investment in industrial park infrastructure as follows:
- Processes and procedures for deciding and changing the investment policy for development of infrastructure facilities of a publicly-funded industrial park shall be subject to law on public investment and the following regulatory provisions:
+ The pre-feasibility study report for construction of infrastructure facilities of the industrial park must contain explanations about conformance to the requirements set out in Article 9 of Decree No. 35/2022/ND-CP;
+ Items of the pre-feasibility study report to be reviewed shall include those stipulated in legislation on public investment and conformance to the equivalent conditions specified in Article 9 of Decree No. 35/2022/ND-CP.
- Processes and procedures for investment in the project on construction and business of infrastructure facilities of an industrial park, even including the industrial park within the economic zone that does not fall in the case specified in clause 1 Article 8 of Decree No. 35/2022/ND-CP, shall be subject to law on investment and the following regulatory provisions:
+ The proposal for the investment project or the pre-feasibility study report in the application for approval of the investment policy must contain explanations about conformance to the conditions specified in Article 9 herein; explanations about conformance to the conditions specified in clause 1 Article 10 of Decree No. 35/2022/ND-CP (in case where approval of both the investment policy and the investor is granted);
+ Items of the approval of the investment policy to be reviewed shall include those stipulated in legislation on public investment and conformance to the respective conditions specified in Article 9 of Decree No. 35/2022/ND-CP and clause 1 Article 10 of Decree No. 35/2022/ND-CP (in case where approval of both the investment policy and the investor is granted).
- Opinions of the agencies referred to in clause 6 Article 7 of Decree No. 35/2022/ND-CP shall be further used for the review of the pre-feasibility study report or the review of the investment policy as provided in clause 1 and 2, Article 8 of Decree No. 35/2022/ND-CP. The agency collecting these opinions shall submit the dossier on re-survey on opinions from these agencies on the reviewed items where necessary.
- The industrial park subject to the investment phasing requirements set out in clause 2 Article 9 of Decree No. 35/2022/ND-CP shall follow the processes and procedures for deciding the investment policy and approving the investment policy and granting the investment registration certificate over specific phases.
With respect to a publicly-funded industrial park or the following phase in which the investor is the same as the one in the preceding phase, the decision on the investment policy, the approval of the investment policy and the certificate of investment registration may be granted after the minimum occupancy rate is 60% in the preceding phase, or when construction of infrastructure facilities is completed according to the approved planning scheme for construction of industrial parks. In such case, the investor in the preceding phase is preferred to proceed to make investment in the following phase, except where the tendering or bidding process is needed for selection of the qualified investor in accordance with law.
Investment in construction of infrastructure facilities of the industrial park falling in the case stated in clause 3 Article 9 of Decree No. 35/2022/ND-CP shall follow the processes and procedures for deciding the investment policy, accepting the investment policy and granting the investment registration certificate over specific phases and comply with the following regulations:
+ Project documentation must include commitments regarding the progress in attracting investment projects for development of the industrial cluster prescribed in clause 3 Article 9 of Decree No. 35/2022/ND-CP;
+ The decision on the investment policy, the decision on approval of the investment policy and the investment registration certificate must stipulate commitments included in the project documentation. Imposing sanctions upon any breach of commitments shall be subject to those stated in these commitments, regulatory regulations on investment and others of relevant law;
+ With respect to a publicly-funded industrial park or the following phase in which the investor is the same as the one in the preceding phase, the decision on the investment policy, the approval of the investment policy and the certificate of investment registration may be granted after, in the preceding phase, the investor obtaining approval of the investment policy, the investment registration and investment project execution certificate acquires land leased or sub-leased for development of the industrial cluster;
And the minimum occupancy rate is 60%, or construction of infrastructure facilities is completed according to the planning scheme for construction of industrial parks approved by the competent authority. In such case, the investor in the preceding phase is preferred to proceed to make investment in the following phase, except where the tendering or bidding process is needed for selection of the qualified investor in accordance with law.
Investment in industrial park infrastructure must be consistent with which planning items and schemes?
Pursuant to the provisions of Clause 1, Article 9 of Decree No. 35/2022/ND-CP, an industrial park project must satisfy planning requirements, and conform to the planning items and schemes as follows:
- It is in line with regional or provincial planning schemes;
- It appears on the list of industrial parks in provinces or centrally-affiliated cities, or is mentioned in the master plan for development of economic zones that has obtained approval from a competent authority if it is located within the boundaries of an economic zone;
- It conforms to the planning scheme for construction of an industrial park that has been approved by a competent authority.
Nguyễn Thị Hồng Nhung
