What are the procedures for establishing and expanding hi-tech parks in Vietnam?

Regarding this matter, LawNet would like to answer as follows:

The procedures for establishing and expanding hi-tech parks in Vietnam are carried out according to the instructions in Decree 10/2024/ND-CP. Specifically:

1. What must be included in the application for establishing and expanding hi-tech parks in Vietnam?

According to the provisions of Article 7 of Decree 10/2024/ND-CP, the application for establishing and expanding hi-tech parks includes the following documents:

- An application for establishing or expanding a hi-tech park formulated by the People’s Committee of a province includes:

+ Statement on the request for the establishment or expansion of the hi-tech park for presentation to the Prime Minister of Vietnam;

+ Scheme to establish or expand the hi-tech park.

- The scheme to establish the hi-tech park includes:

+ Legal grounds and necessity for the establishment of the hi-tech park; 

+ Assessment of the status, geographical and natural elements and conditions, natural resources, science and technology, socio-economy, limitations, and comparative advantages of the area suggested for the establishment of the hi-tech park compared to other areas in the province or centrally affiliated city;

+ Assessment and presentation of the capacity for satisfying conditions for establishing hi-tech parks as prescribed in Article 5 of Decree 10/2024/ND-CP (enclosed with relevant documents);

+ Expected direction for the development of the hi-tech park: development objectives, nature, functions, and tasks of the hi-tech park; direction for the development of prioritized sectors and fields in the hi-tech park; orientation of the organization of functional areas for the implementation of tasks according to the Law on High Technologies 2008, preliminary direction for space development and land use planning; direction for the development of personnel and managers;

+ Expected total investment capital, measures to mobilize sources, and assignment of responsibilities for investment in the technical infrastructure system of the hi-tech park; plans and road maps for investment in the construction and development of the hi-tech park;

+ Suggestions on solutions and their implementation;

+ Display of the scheme to establish the hi-tech park on the 1:10.000 - 1:25.000 map.

- The statement of the People’s Committee of the province on the request for the establishment or expansion of the hi-tech park for presentation to the Prime Minister of Vietnam includes: legal grounds; necessity and process of formulating the scheme to establish or expand the hi-tech park; summary of the scheme to establish or expand the hi-tech park; assessment of compliance with the criteria for the establishment or expansion of the hi-tech park; suggestions on the establishment or expansion of the hi-tech park. 

- The application for the establishment or expansion of the hi-tech park of the People’s Committee of the province according to Clauses 1, 2, 3, and 4 of Article 7 of Decree 10/2024/ND-CP shall be made into 10 copies (with 2 of them as the original) and submitted to the authority in charge for presentation to the Prime Minister of Vietnam for the establishment or expansion of the hi-tech park according to Article 8 of Decree 10/2024/ND-CP.

Thus, the application for establishing and expanding hi-tech parks includes a statement on the request for presentation to the Prime Minister and a scheme to establish the hi-tech park prepared by the Provincial People's Committee. The project content must show the legal grounds, assessment of the status, expected direction for the development, investment capital, solutions, maps showing the scheme... At the same time, the application must be made into 10 sets with 2 original sets to submit to the Prime Minister for consideration and decision.

2. What are the procedure for establishing and expanding hi-tech parks in Vietnam?

According to the provisions of Article 8 of Decree 10/2024/ND-CP, the procedure for establishing and expanding hi-tech parks in Vietnam are as follows:

- The People’s Committee of a province shall formulate an application according to Article 7 of Decree 10/2024/ND-CP and submit it to an authority in charge prescribed in Clause 1 of Article 8 of Decree 10/2024/ND-CP;

- Within 5 working days after receiving the adequate application for the establishment or expansion of the hi-tech park according to regulations, the authority in charge prescribed in Clause 1 of Article 8 of Decree 10/2024/ND-CP shall send the application and suggestion collection documents to relevant state authorities; 

- Within 20 working days after receiving the suggestion collection documents with the enclosed application, authorities subject to the suggestion collection shall send written suggestions on the contents within their scope of state management to the collecting authority;

- Within 5 working days after receiving the adequate suggestion documents, the authority in charge shall assess the application according to Clause 3 of Article 8 of Decree 10/2024/ND-CP.

Note: In case of necessity, the authority in charge shall hold a meeting with relevant ministries, central authorities, and People’s Committees of provinces or establish a Advisory Council to clarify relevant issues;

- While assessing the application, if amendments to the application are needed, the authority in charge shall notify the People's Committee of the province of the implementation in writing. The time for amending the application shall not be included in the time for assessing the application;

- Within 5 working days after receiving the amended application for the establishment or expansion of the hi-tech park as requested (if any), the authority in charge shall formulate an application according to Clause 1 Article 9 of Decree 10/2024/ND-CP and present it to the Prime Minister of Vietnam for consideration and decision on the establishment or expansion of the hi-tech park.

Assessment contents of an application for the establishment or expansion of a hi-tech park include:

- Legal grounds and necessity for the establishment or expansion of the hi-tech park;

- Assessment of compliance with conditions for establishing or expanding hi-tech parks prescribed in Article 6 of this Decree;

- Assessment of the feasibility of the direction for the development of the hi-tech park; scheme to mobilize sources for investment in the construction of the technical infrastructure system of the hi-tech park or the expanded area of the hi-tech park and the connection with the infrastructure system of an invested hi-tech park; capacity for balancing the state budget;

- Preliminary assessment of the effective contributions to science and technology and socio-economy of the establishment or expansion of the hi-tech park;

- Feasibility of measures to establish or expand the hi-tech park.

The Ministry of Science and Technology of Vietnam shall take charge and cooperate with relevant state authorities in assessing applications for the establishment or expansion of hi-tech parks according to Article 31 of the Law on High Technologies 2008 before presenting them to the Prime Minister of Vietnam for decisions

Thus, the order and procedures for establishing a high-tech park follow the following steps:

(1) The People’s Committee of a province shall formulate an application for establishing and expanding hi-tech parks in Vietnam and submit it to an authority in charge

(2) Within 05 working days from receiving the adequate application, the presiding agency will send the application to get opinions from relevant agencies.

(3) Agencies that are consulted have 20 working days to submit suggestion collection documents on the content in the field of management.

(4) Within 05 working days after receiving suggestion collection documents, the presiding agency will evaluate and synthesize the application according to the contents of the proposal to establish a hi-tech park.

(5) The lead agency may organize meetings with relevant parties or establish an advisory council to clarify relevant issues (if necessary).

(6) If there is a request to amend or supplement documents, the implementation time will not be included in the assessment time limit.

(7) Within 05 working days after receiving the amended and supplemented application, the presiding agency prepares the application and submits it to the Prime Minister for decision.

At the same time, the content of the application evaluation includes: legal grounds, assessment of compliance with conditions, direction for the development, sources for investment, effective contributions to science and technology and socio-economy, measures to establish hi-tech parks. The Ministry of Science and Technology shall take charge in assessing applications before presenting them to the Prime Minister of Vietnam for decisions.

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