What are land recovery, land lease for investment in construction of technical infrastructure of industrial clusters in Hanoi, Vietnam?

What are land recovery, land lease for investment in construction of technical infrastructure of industrial clusters in Hanoi, Vietnam?

In Article 11 of the Regulation on management of industrial clusters in Hanoi, promulgated under Decision 33/2022/QD-UBND of Hanoi, stipulates on land recovery, land lease for investment in construction of technical infrastructure of industrial clusters in Hanoi are as follows:

1. Dossier, order and procedures for land recovery, land lease for investment in construction of technical infrastructure of industrial clusters comply with the provisions of the Land Law 2013, Decree No. 43/2014/ND-CP dated 15 May 2014 of the Government detailing the implementation of a number of articles of the Land Law, Decree No. 01/2017/ND-CP dated January 6, 2017 of the Government amending and supplementing a number of decrees Decree detailing the implementation of the Land Law, Decree No. 148/2020/ND-CP dated December 18, 2020 of the Government amending and supplementing a number of Decrees detailing the implementation of the Land Law, Circular No. 30/2014/TT-BTNMT dated June 2, 2014 of the Ministry of Natural Resources and Environment providing regulations on land allocation documents ,land lease, land use purpose change, land recovery, Circular No. 33/2017/TT-BTNMT dated September 29, 2017 detailing Decree No. 01/2017/ND-CP dated January 6, 2017 2017 of the Government amending and supplementing a number of decrees detailing the implementation of the land law and amending and supplementing a number of articles of the circulars guiding the implementation of the land law and current regulations.

2. District-level People's Committees shall carry out procedures related to land recovery, compensation, site clearance and resettlement in accordance with law: Direct and organize propaganda and advocacy to organizations and individuals on compensation , support and resettlement policies when the State recovers land; carry out site clearance according to the land recovery decision of the competent state agency; establish and direct the Compensation, Support and Resettlement Council to make plans (general and detailed) for compensation, support and resettlement; approve compensation, support and resettlement plans according to regulations.

3. The Department of Natural Resources and Environment is responsible for guiding the district-level People's Committee and the investor in the construction of technical infrastructure of the industrial cluster on the work of land recovery, compensation for site clearance in accordance with the land law; receive dossiers, appraise and submit them to the City People's Committee for decision on land recovery, land allocation, land lease and grant of land use right certificates to investors in technical infrastructure construction of industrial clusters.

4. The investor in the construction of technical infrastructure of the industrial cluster is responsible for completing the application for land recovery and land allocation in service of ground clearance in accordance with the State 's regulations and the guidance of the Department of Natural Resources. and environment.

5. The relevant departments and units shall coordinate on the basis of their respective functions and tasks.

What are regulations on issuance of construction permits for industrial clusters in Hanoi, Vietnam?

In Article 12 of the Regulation on management of industrial clusters in Hanoi, promulgated under Decision 33/2022/QD-UBND of Hanoi, stipulating issuance of construction permits for industrial clusters in Hanoi is as follows:

Dossier, order of procedures and competence to grant construction permits comply with the provisions of the Law on Construction, the Law amending and supplementing a number of articles of the Law on Construction dated June 28, 2020, Decree No. 15/2021/ ND-CP dated March 3, 2021 of the Government detailing a number of contents on construction investment project management and Regulations of the Hanoi People's Committee on granting construction permits in the area of Hanoi.

What are receipt and implementation of investment procedures for production and business investment projects in industrial clusters in Hanoi, Vietnam? 

In Article 13 of the Regulation on management of industrial clusters in Hanoi, promulgated under Decision 33/2022/QD-UBND of Hanoi, stipulating receipt and implementation of investment procedures for production and business investment projects in industrial clusters in Hanoi are as follows:

1. Investors in the construction of technical infrastructure of industrial clusters may accept production and business investment projects in industrial clusters only when they have adequate technical infrastructure for environmental protection as prescribed in Article 48. Decree No. 08/2022/ND-CP dated January 10, 2022 of the Government detailing a number of articles of the Law on Environmental Protection .

2. Industrial clusters receive small and medium enterprises, cooperatives and cooperative groups to invest in production and business; The craft village industrial cluster receives small and medium enterprises, cooperatives , cooperative groups, household and individual production establishments in the craft village to invest in production and business.

In the process of receiving investment projects on production and business in trade village industrial clusters, investors in the construction and business of infrastructure of craft village industrial clusters must give priority to receiving small and medium enterprises in order to cooperate with each other. communes, household and individual production establishments in craft villages; In case, after receiving the small and medium-sized enterprises, cooperatives, household production facilities but still have industrial land, the investor in the construction and business of infrastructure of the industrial cluster in the craft village may consider receive individuals in the craft village to hire for production and business.

3. Investment procedures for production and business investment projects in industrial clusters: Dossier, order and procedures for investment in production and business investment projects in real industrial clusters comply with the provisions of the law on investment and the regulations, decentralization and decentralization of the People's Committee of Hanoi.

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