What documents are required for the establishment of an industrial cluster in Vietnam?
What documents are required for the establishment of an industrial cluster in Vietnam? - Mr. Nhan (Binh Duong)
According to the law in Vietnam, what is an industrial cluster in Vietnam?
Pursuant to Clause 1 Article 2 of the Decree 68/2017/NĐ-CP stipulating as follows:
Definitions
For the purposes of this Decree, the terms below are construed as follows:
1. “industrial cluster” means a place in which services are provided for industrial and cottage-industrial production, with defined geographical boundaries and without any inhabitant living in the cluster, and which is constructed to attract and relocate small and medium-sized enterprises, cooperatives and cooperative associations to conduct production and business activities.
An industrial cluster has an area not less than 75 ha and not exceeding 10 ha. An industrial cluster in a mountainous district or a craft village industrial has an area not less than 75 ha and not exceeding 5 ha.
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As regulations above, an industrial cluster means a place in which services are provided for industrial and cottage-industrial production, with defined geographical boundaries and without any inhabitant living in the cluster, and which is constructed to attract and relocate small and medium-sized enterprises, cooperatives and cooperative associations to conduct production and business activities.
An industrial cluster has an area not less than 75 ha and not exceeding 10 ha. An industrial cluster in a mountainous district or a craft village industrial has an area not less than 75 ha and not exceeding 5 ha.
What documents are required for the establishment of an industrial cluster in Vietnam? - Source: Internet
What are conditions for establishment of an industrial cluster in Vietnam?
Pursuant to Clause 1 Article 2 of the Decree 68/2017/NĐ-CP (amended by Clause 8 Article 1 of the Decree 66/2020/NĐ-CP) stipulating conditions for establishment or expansion of an industrial cluster as follows:
Conditions for establishment or expansion of an industrial cluster
1. Eligibility requirements for establishment of an industrial cluster:
a) The industrial cluster development plan must be available and included in the approved provincial planning;
b) There is an enterprise or cooperative that has a legal status, capacity and experience to invest in construction of technical infrastructure or a unit that is assigned to invest in construction of technical infrastructure;
c) In the event industrial clusters have been established within a district, the average occupancy rate of those industrial clusters must exceed 50% or the clusters’ total industrial land fund yet to be leased out must be less than 50 ha.
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As regulations above, conditions for establishment of an industrial cluster in Vietnam are as follows:
- The industrial cluster development plan must be available and included in the approved provincial planning;
- There is an enterprise or cooperative that has a legal status, capacity and experience to invest in construction of technical infrastructure or a unit that is assigned to invest in construction of technical infrastructure;
- In the event industrial clusters have been established within a district, the average occupancy rate of those industrial clusters must exceed 50% or the clusters’ total industrial land fund yet to be leased out must be less than 50 ha.
What documents are required for the establishment of an industrial cluster in Vietnam?
Pursuant to Clause 1 Article 11 of the Decree 68/2017/NĐ-CP stipulating application for establishment or expansion of an industrial cluster as follows:
Application for establishment or expansion of an industrial cluster
1. An application for establishment or expansion of an industrial cluster includes:
a) An application form for establishment or expansion of an industrial cluster, which is submitted by the district-level People’s Committee;
b) The written request for acting as the investor in technical infrastructure construction project or written request for establishment or expansion of the industrial cluster from the unit assigned to construct industrial cluster infrastructure enclosed with an report on investment in establishment or expansion of the industrial cluster;
c) A copy of certificate of establishment or a document proving legal status;
d) A copy of one of the following documents: the investor's financial statements of the last two years; parent company's commitment to provide financial assistance; financial institution’s commitment to provide financial assistance; guarantee for investor’s financial capacity; explanation for investor’s financial capacity;
dd) Other documents.
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As regulations above, documents that are required for the establishment of an industrial cluster in Vietnam are:
1. An application form for establishment or expansion of an industrial cluster, which is submitted by the district-level People’s Committee;
2. The written request for acting as the investor in technical infrastructure construction project or written request for establishment or expansion of the industrial cluster from the unit assigned to construct industrial cluster infrastructure enclosed with an report on investment in establishment or expansion of the industrial cluster;
3. A copy of certificate of establishment or a document proving legal status;
4. A copy of one of the following documents:
- The investor's financial statements of the last two years;
- Parent company's commitment to provide financial assistance;
- Financial institution’s commitment to provide financial assistance;
- Guarantee for investor’s financial capacity;
- Explanation for investor’s financial capacity;
5. Other documents.
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