From July 15, 2022, who has the authority to change the name of an industrial parks in Vietnam? Can investors adjust industrial park infrastructure investment projects?
What is the order and procedure for investment in industrial parks in Vietnam infrastructure projects?
Pursuant to Article 8 Decree 35/2022/ND-CP stipulates the order and procedures for deciding and adjusting the investment policy of industrial parks in Vietnam infrastructure projects as follows:
"Article 8. Order and procedures for investment in infrastructure of industrial zones Industry
1. The order and procedures for deciding and adjusting the investment policy of industrial park infrastructure projects using public investment capital shall comply with the law on public investment and the following provisions:
a) The pre-feasibility study report of an industrial park infrastructure project must contain explanations for the satisfaction of the conditions specified in Article 9 of this Decree;
b) Contents of appraisal of the pre-feasibility study report.and the satisfaction of the corresponding conditions specified in Article 9 of this Decree.
investmentand business in infrastructure of industrial parks, including industrial parks in economic zones that do not fall into the cases specified in Clause 1 of this Article, shall comply with the provisions of the law on investment and other regulations.following:
a) The investment project proposal or pre-feasibility study report in the application file for approval of the investment policy must contain an explanation for the satisfaction of the conditions specified in Article 9 of the Decree. this; explain the satisfaction of the conditions specified in Clause 1, Article 10 of this Decree (for the case where the investment policy is approved and the investor is approved);
b) Contents of appraisal for approval of investment policies include contents as prescribed by the law on investment and the satisfaction of the corresponding conditions specified in Article 9 and Clause 1, Article 10 of this Decree ( for the case where the investment policy is approved at the same time as the investor).
3. The opinions of the agencies specified in Clause 6, Article 7 of this Decree may continue to be used to appraise the pre-feasibility study report and investment policy under the provisions of Clauses 1 and 2. This. The opinion-collecting agency shall send a dossier to retrieve the appraisal opinions of these agencies on the contents of the appraisal if the opinion-collecting agency deems it necessary.
4. Industrial parks in the case of investment divergence as prescribed in Clause 2, Article 9 of this Decree shall carry out the order and procedures for deciding on investment policies, approving investment policies, and granting registration certificates. investment registration for each period.
In case an industrial park using public investment capital or the next phase has the same investor as the previous phase, it may decide on investment policies, approve investment policies, and issue an investment registration certificate later. when the previous stage reaches a minimum occupancy rate of 60% or the investment in the construction of an infrastructure system has been completed according to the industrial park construction planning approved by a competent authority. In this case, the investor in the previous stage is given priority to choose the implementation of the next stage, except for the case where an auction or bidding is required to select the investor as prescribed by law.
5. Industrial parks in the cases specified in Clause 3, Article 9 of this Decree shall carry out the order and procedures for deciding on investment policies, approving investment policies, and granting investment registration certificates to each stage and the following provisions:
a) The project dossier must contain a commitment on the progress of attracting investment projects to implement the cluster as prescribed in Clause 3, Article 9 of this Decree;
b) The investment policy decision, the investment policy approval decision, the investment registration certificate must specify the commitment content in the project file. The handling of violations of commitments shall comply with the contents of the commitments, the provisions of the law on investment and other relevant laws;
c) In case the industrial park uses public investment capital or the next phase has the same investor as the previous stage, it is entitled to decide on investment policies, approve investment policies, issue an investment registration certificate. After the initial stage, investors have been approved for investment policies, granted investment registration certificates, and implemented investment projects to lease or sublease land for implementation of industry clusters in accordance with regulations. specified in Clause 3, Article 9 of this Decree, and at the same time achieve a minimum occupancy rate of 60% or have completed the investment in building the infrastructure system according to the industrial park construction planning approved by a competent authority. Browser. In this case, the investor of the previous stage is given priority to choose the implementation of the following stage, except for the case where an auction or bidding is required to select the investor in accordance with the law."
From July 15, 2022, who has the authority to change the name of an industrial parks in Vietnam? Can investors adjust industrial park infrastructure investment projects?
Project adjustment How to invest in construction and business of infrastructure of industrial zones?
Based on Article 11 Decree 35/2022/ND-CP stipulates the adjustment of investment projects on construction and business of infrastructure of industrial parks in Vietnam as follows:
"Article 11. Adjustment of investment projects for construction and business of structures infrastructure of industrial zones
1. During the investment process, investors are entitled to adjust investment projects on construction and business of infrastructure of industrial zones
2. Conditions, order and procedures for project adjustment Investment in construction and business of infrastructure of industrial zones shall comply with the provisions of the law on investment and the following provisions:
a) A written request for adjustment of the investment project in accordance with the provisions of law. on investment, there must be content explaining the satisfaction of the provisions of Clause 3 of this Article
; the satisfaction of the conditions specified in Clause 3 of this Article (if any)
3. Investment projects on construction and business of infrastructure of industrial parks may be reduced in size and are not required to be adjusted. adjust the plan for development of the industrial park system according to the provisions of the planning law if it falls into one of the following cases:
a) The compensation and site clearance work is prolonged, affecting the efficiency and progress investment level of the industrial park;
b) Adjusting the industrial park construction planning to reserve a part of the land area for the development of housing, service facilities and public utilities for employees working in the industrial park as prescribed in Clause 9 Article 77 of the Investment Law;
c) Reducing the size of the industrial park to limit the risk of causing environmental pollution and affecting the living environment of surrounding people;
d) Due to the planning adjustment according to the provisions of the planning law."
Who has the authority to change the name of the industrial parks in Vietnam?
Decree 35/2022/ND-CP stipulates on renaming of industrial parks in Vietnam as follows:
"Article 12. Changing the name of an industrial park
The provincial People's Committee shall decide on the change of the name of an industrial park that has already been renamed. identified in the List of industrial parks in the province or centrally run city at the request of the Management Board of the industrial park or economic zone or the investor implementing the construction and business investment project. industrial park infrastructure."
Thus, the authority to change the name of an industrial park belongs to the People's Committee of the province at the request of the Management Board of the industrial park or economic zone or the investor implementing the construction and business investment project. industrial park infrastructure.
Decree 35/2022/ND-CP takes effect from July 15, 2022.
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