From July 15, 2022, what conditions must investors in industrial park infrastructure in Vietnam meet?
What conditions must an investment in industrial park infrastructure in Vietnam meet?
According to Article 9 Decree No. 35/2022/ND-CP stipulates the conditions for industrial park infrastructure in Vietnam of industrial zones as follows:
"Article 9. Conditions for investment in infrastructure of industrial zones
1. Conforms to planning and contents Contents of the following planning:
a) Regional planning, provincial planning;
b) Included in the list of industrial parks in the province or centrally run city or the approved general planning on construction of economic zones with theapproval authority, for industrial parks located within the boundaries of economic zones;
on construction of industrial parks already approved by competent authorities.
planning3 This Article must be phased in investment if it falls into one of the following cases:
a) An industrial park with an area of more than 500 hectares must be divided into phases, each phase must not exceed 500 hectares. b
) The industrial park requires the change of land use purpose for rice cultivation for two or more crops with an area of over 200 hectares for rice cultivation in the Red River Delta and the Mekong River Delta. investment must be diverged in phases, each stage must not change the purpose of land use for rice cultivation for two or more crops with an area of rice cultivation exceeding 200 hectares;
c) An industrial park that requires the change of land use purpose for rice cultivation for two or more crops with an area of over 150 hectares of rice land in the North Central, Central Coast and Southeast must be first phased out. to invest in phases, each stage does not change the purpose of using land for rice cultivation for 2 or more crops with an area of rice growing land exceeding 150 ha;
d) An industrial park that requires the change of land use purpose for rice cultivation for two or more crops with an area of over 100 hectares of rice land in the Northern midland and mountainous region and the Central Highlands must be diverged in accordance with the law. in stages, each stage does not change the purpose of using land for rice cultivation for 2 or more crops with an area of rice land exceeding 100 ha.
3. Industrial parks attract investment projects to implement industry clusters with the total investment capital of projects in the cluster at least equivalent to USD 2 billion or VND 45,000 billion to be considered for investment. The first stage has an area of no more than 1,000 hectares. The next stages (if any) comply with the provisions of Clause 2 of this Article.
4. Set aside at least 5 hectares of industrial land or at least 3% of the total industrial land area of the industrial park (including factories, offices, and warehouses) for small and medium-sized enterprises and public enterprises. supporting enterprises, innovative enterprises, beneficiaries of investment incentives as prescribed at Points e and g, Clause 2, Article 15 of the Law on Investment, other enterprises eligible for priority and support in production and business premises in accordance with the law on land lease and sublease. In case of investment in the form of eco-industrial park, supporting industrial park, specialized industrial park or high-tech industrial park, the conditions specified in this Clause are not required.
5. Capable of meeting the conditions for change of land use purpose as prescribed by the law on land, the law on forestry and other relevant laws.
6. At the time of submitting the pre-feasibility study report of the industrial park infrastructure project in accordance with the law on public investment or submitting the application for approval of the investment policy of the construction and business investment project. If the business of industrial park infrastructure is valid according to the provisions of the law on investment, the average occupancy rate of already established industrial parks in the province or centrally run city is at least 60%, except for the following cases:
a) Investment in infrastructure of an industrial park that has been established before but has been terminated operation, revoked investment registration certificate, investment certificate, license investment or papers of equivalent legal validity as prescribed by the law on investment or a decision to cancel the project in accordance with the law on public investment;
b) The total land area of industrial parks already established in the province or centrally run city is 1,000 ha or less;
c) The location of the industrial park in a district-level area on the list of areas eligible for investment incentives as prescribed by the law on investment or in an already established economic zone;
d) Invest in industrial park infrastructure in the form of eco-industrial parks, supporting industrial parks, specialized industrial parks, and high-tech industrial parks according to the provisions of this Decree;
dd) The case specified in Clause 8 of this Article.
7. Having planning on construction of residential areas and public service and utility works for employees working in industrial parks or clusters of industrial zones approved by competent state agencies according to regulations of the housing law and other relevant laws.
8. Investment in infrastructure of an industrial park to be expanded on the basis of a previously established industrial park and made by the same investor or using public investment capital must satisfy the following conditions:
a) The industrial park has been established before reaching a minimum occupancy rate of 60% and has invested in the construction and operation of environmental protection infrastructure in accordance with the provisions of the law on environmental protection or has been complete the construction of the infrastructure system according to the industrial park construction planning approved by the competent authority;
b) The expanded industrial park is capable of connecting and using the same technical infrastructure with the previously established industrial park;
c) Having built and put into use residential areas and public service and utility works for employees working in industrial parks or clusters of industrial parks previously established according to the master plan approved by the agency; approved by competent state agencies specified in Clause 7 of this Article."
the conditions for investors to implement investment projects on industrial park infrastructure in Vietnam?
What Decree 35/2022/ND-CP on conditions for investors implementing investment projects on infrastructure of industrial zones as follows:
"Article 10. Conditions for investors implementing investment projects construction and business of infrastructure of industrial zones
1. Investors implementing investment projects on construction and trading of infrastructure of industrial parks must satisfy the following conditions:
a) Business conditions real estate according to the provisions of the law on real estate business;
b) Conditions for land allocation, land lease or change of land use purpose by the State for implementation of construction investment projects and business results.in the industrial park in accordance with the law on land, the law on forestry and other relevant laws.
infrastructureIf the infrastructure of an industrial park is an economic organization that is expected to be established by a foreign investor in accordance with the law on investment and the law on enterprises, the economic organization that is expected to establish a i have the ability to meet the conditions to be allocated or leased land by the State, or permitted to change the land use purpose in accordance with the provisions of the land law, the forestry law and other relevant laws. relate to.
..."
Thus, investors implementing investment projects on construction and business of infrastructure of industrial zones must satisfy the provisions of the law on real estate business and conditions to be assigned by the State.projects on construction and business of infrastructure of industrial zones
investmentThe industrial park in the case of application of bidding is?
Pursuant to Clause 2, Article 10 Decree 35/2022/ND-CP on criteria for investors in industrial park infrastructure in Vietnam in case of application of bidding as follows:
"Article 10. Conditions for investors implementing investment projects investment in construction and business of infrastructure of industrial zones
...
2. In case of choosing to apply bidding to select investors, the evaluation criteria for selecting investors to implement construction investment projects and industrial park infrastructure business, including:
a) The evaluation criteria for the investor's capacity are established on the basis of the conditions specified in Clause 1 of this Article;
b) The evaluation criteria forThe investor's experience is built on the basis of the size of the area, the implementation schedule, the implementation situation of the investment project, construction and business infrastructure of the industrial park or other real estate project. that the investor has implemented or has contributed equity capital to implement the project; the owner, member, founding shareholder being an investor's organization has implemented or contributed equity to implement the project. currently attending judgment;
c) Technical evaluation criteria are developed on the basis of the decision approving the planning for construction of industrial zones, the decision approving the investment policy of investment projects on construction and infrastructure business. industrial parks of competent authorities and other relevant laws;
d) The evaluation criteria for finance - commerce are built on the basis of the competent authority's decision on approval of investment policies for construction and business infrastructure investment projects of industrial parks and other provisions of law related to the selection of investors to implement investment projects using land."
Accordingly, investors implementing industrial park infrastructure investment projects must satisfy the following requirements: standards on capacity, experience, technical and financial - commercial
From July 15, 2022, what conditions must investors in industrial park infrastructure in Vietnam meet?
Decree 35/2022/ND-CP takes effect from 15/7/2022.
LawNet
2 view
