What is management of public services and utilities in industrial clusters in Hanoi, Vietnam?

What is management of public services and utilities in industrial clusters in Hanoi, Vietnam?

In Article 14 of the Regulation on management of industrial clusters in Hanoi, promulgated under Decision 33/2022/QD-UBND of Hanoi, stipulating management of public services and utilities in industrial clusters in Hanoi as follows:

1. Public services and common utilities in the industrial cluster include : Protection, maintenance of security and order; communications; water supply and drainage; environmental sanitation, wastewater and waste treatment; maintaining, maintaining and exploiting technical infrastructure works and other utility services.

2. Prices for using public services and utilities are determined on the principle of agreement through contracts signed between enterprises, cooperatives, production establishments, households and individuals in the craft village. production and business in industrial clusters and investors in the construction of technical infrastructure of industrial clusters. In case no agreement can be reached, the investor in the construction of technical infrastructure of the industrial cluster shall report to the district-level People's Committee for handling in accordance with law.

The People's Committee of the city decides the price of using public services and utilities for industrial clusters invested by the district-level construction investment project management board.

3. The Department of Industry and Trade shall assume the prime responsibility for, and coordinate with relevant departments and branches in, appraising and reporting to the City People's Committee for decision on the price of using public services and utilities of the industrial cluster set by the project management board. construction investment at district level as the investor.

4. Department of Natural Resources and Environment shall appraise and collect industrial wastewater fees for industrial clusters according to Decree 154/2016/ND-CP dated November 16, 2016 of the Government on environmental protection fees for wastewater.

5. District-level People's Committees shall handle according to the provisions of law in case the investor in the construction of technical infrastructure of an industrial cluster is an enterprise whose report cannot agree on the price of using public services, utilities for enterprises, cooperatives and business households using services in industrial clusters.

6. Investors in the construction of technical infrastructure of industrial clusters shall have to organize the provision and management of public services and common utilities in the industrial cluster; formulating and approving the Regulation on management of public services and utilities on the basis of opinions of enterprises, cooperatives and business households in industrial clusters, not contrary to the provisions of law. Within 5 working days from the date of decision approving the Regulation on management of public services and utilities, the investor shall send it to the Department of Industry and Trade and the People's Committee of the district for monitoring and management.

7. Enterprises, cooperatives, cooperative groups , households and individuals in production and business villages in industrial clusters are responsible for negotiating and signing contracts for the use of public services . public facilities in the industrial cluster with the investor in the construction of technical infrastructure of the industrial cluster; use technical infrastructure works, public services and common utilities for the right purposes; has the responsibility to protect technical infrastructure works, public services, and common utilities and fulfill all obligations as prescribed in the signed contract.

What are management, supervision and assessment of investment, production and business activities in industrial clusters in Hanoi, Vietnam?

In Article 15 of the Regulation on management of industrial clusters in Hanoi, promulgated under Decision 33/2022/QD-UBND of Hanoi, stipulating management, supervision and assessment of investment, production and business activities in industrial clusters in Hanoi as follows:

1. Contents of production and business activities that need to be managed, monitored and evaluated: Operational status of enterprises, cooperatives, business households investing in production and business in industrial clusters; operation status of the investor in the construction of technical infrastructure of the industrial cluster.

2. Responsibilities of agencies:

a) Department of Industry and Trade: Monitor, update and summarize the general situation of industrial clusters in the city; assume the prime responsibility for, and coordinate with departments, branches and district-level People's Committees in organizing the inspection, examination and assessment of the observance of the State's policies and laws and the effectiveness of construction investment projects. technical infrastructure of industrial clusters, production and business projects in industrial clusters, handle according to their competence and advise the City People's Committee to handle violations; synthesize and report periodically and irregularly to the Ministry of Industry and Trade and the City People's Committee.

b) Department of Natural Resources and Environment: To assume the prime responsibility for, and coordinate with relevant agencies and units in, monitoring and inspecting the observance of regulations on land use and environmental protection; handle according to its competence and advise the City People's Committee to handle violations in the field of environment, water resources and land.

c) Department of Construction: Monitor and inspect the observance of the approved construction plannings and work construction permits according to their competence and decentralization; handle according to its competence and advise the City People's Committee to handle violations in the field of construction and construction planning in case the district-level People's Committee fails to promptly detect and handle violations. according to authority and decentralization.

d) Department of Planning and Architecture: Coordinate with Department of Construction and district-level People's Committee to monitor and inspect the observance of detailed construction planning.

dd) Department of Labor, War Invalids and Social Affairs : Assume the prime responsibility for, and coordinate with relevant agencies in, propagating, disseminating, guiding, inspecting and examining the observance of labor laws. Investigate and investigate occupational accidents in industrial clusters according to current regulations; granting, re-granting and withdrawing work permits for foreign workers to work in industrial clusters.

e) City Police: To assume the prime responsibility for, and coordinate with the Department of Industry and Trade and the People's Committee of the district in, inspecting the implementation of fire prevention and fighting work by production and business organizations in the industrial cluster; Propaganda and professional training on fire prevention and fighting, guiding enterprises to organize the formulation and practice of fire fighting , rescue and rescue plans; To guide and request investors to build technical infrastructure of industrial clusters with an area of ​​50 hectares or more to set up specialized fire prevention and fighting teams ; Directing the Police Department for fire prevention, fighting and rescueIn case of accident and rescue, coordinate with the district-level police department to guide investors in the construction of technical infrastructure of the industrial cluster, production and business agencies and enterprises in the industrial cluster to well perform fire prevention and fighting work. during construction investment; Assume the prime responsibility for, and coordinate with functional agencies in, collecting information and data, developing plans and plans to ensure internal security, economic security, security and order; Advise and coordinate with local authorities to build a movement of all people to protect national security at units operating in industrial clusters.

g) District-level People's Committees: Take charge of monitoring and inspecting the observance of national technical regulations on construction planning for industrial clusters, ensuring requirements on construction density, environmental protection, fire prevention and fighting safety and the compliance with the approved detailed construction plannings and construction permits, and handle violations according to regulations. Monitor and update the situation of construction investment, production and business; inspect, examine and evaluate the observance of the State's policies and laws; directing propaganda, monitoring and urging the implementation of regimes and policies towards employees, settlement of labor disputes, strikes in production and business enterprises in industrial clusters; summarizing , periodical reporting, irregularities City People's Committee, Department of Industry and Trade; handle according to its competence violations of production and business organizations and individuals in industrial clusters in the area under their management and propose competent agencies to handle according to regulations in case of exceeding their competence. ; take full responsibility for the management of construction order for construction works in the management area, including construction works in industrial clusters.

h) Ownerinvestment in construction of technical infrastructure of industrial clusters: Deploy investment in construction of technical infrastructure of industrial clusters in accordance with the provisions of the establishment decision, detailed construction planning and construction permits granted by competent authorities. approval authority; Promoting investment, guiding procedures for implementing investment projects, relocating into industrial clusters; Formulate and organize the implementation of the environmental protection plan according to regulations, not to expand the industrial cluster, receive more secondary investment projects in the industrial cluster in case the industrial cluster has no infrastructure works. environmental protection engineering; pay environmental protection fees according to regulations; arrange at least 01 staff in charge of environmental protection with a university degree or higher in one of the following majors: Environmental management; environmental science, technology and engineering; chemistry; biology and receive annual training on prevention and response to environmental incidents; Responsible for guiding, managing and supervising enterprises operating in the industrial cluster to use the land for the right purposes and comply with current regulations on construction activities, fire prevention and fighting, and environmental protection during the construction process. construction and operation investment process; Summarize and report results of environmental monitoring and environmental protection work in industrial clusters and facilities in industrial clusters and send them to the Department of Natural Resources and Environment according to regulations. For an industrial cluster with an area of ​​50 hectares or more, a specialized fire prevention and fighting team must be established. comply with current regulations on construction activities, fire prevention and fighting, and environmental protection during construction investment and operation; Summarize and report results of environmental monitoring and environmental protection work in industrial clusters and facilities in industrial clusters and send them to the Department of Natural Resources and Environment according to regulations. For an industrial cluster with an area of ​​50 hectares or more, a specialized fire prevention and fighting team must be established. comply with current regulations on construction activities, fire prevention and fighting, and environmental protection during construction investment and operation; Summarize and report results of environmental monitoring and environmental protection work in industrial clusters and facilities in industrial clusters and send them to the Department of Natural Resources and Environment according to regulations. For an industrial cluster with an area of ​​50 hectares or more, a specialized fire prevention and fighting team must be established.

i) Enterprises, cooperatives, cooperative groups, household and individual production establishments in production and business villages in industrial clusters: Use land for the right purposes and comply with current regulations on operations construction, fire prevention and fighting, and environmental protection during construction investment and operation. Propagating, disseminating and organizing the strict implementation of provisions of the Labor Code and other legal documents related to employees and employers; Actively participate in labor attraction, local job creation, annual labor recruitment plan and 05 (five) years of registration with the Department of Labor - Invalids and Social Affairs.

What is transformation of industrial cluster management model from the district-level Investment Project Management Board as the investor to an enterprise in Hanoi, Vietnam?

In Article 16 of the Regulation on management of industrial clusters in Hanoi, promulgated under Decision 33/2022/QD-UBND of Hanoi, stipulating transformation of industrial cluster management model from the district-level Investment Project Management Board as the investor to an enterprise in Hanoi are as follows:

1. For industrial clusters established before Decree No. 68/2017/ND-CP takes effect and the investor is the district-level construction investment project management board, the investor must build and report to the district-level People's Committee to develop a plan for completing technical infrastructure in industrial clusters, supplementing, renovating and upgrading technical infrastructure items that are lacking or do not meet requirements according to regulations. 

After the technical infrastructure of the industrial cluster is invested synchronously, fully and in accordance with regulations, the investor in the construction of technical infrastructure is responsible for developing a plan for management, exploitation, maintenance and maintenance. To maintain the industrial cluster to operate effectively, creating conditions for organizations and individuals to produce and do business in the industrial cluster for sustainable development.

2. For industrial clusters that need to change the management model of industrial clusters from the district-level construction investment project management board as the investor to an enterprise, the district-level People's Committee shall develop a plan change the management model of industrial clusters in the area and the transformation plan for each industrial cluster according to current regulations and report to the City People's Committee (via the Department of Industry and Trade).

3. The Department of Industry and Trade shall assume the prime responsibility for, and coordinate with relevant Departments of Industry and Trade in, appraising the transformation plan for each industrial cluster and submitting it to the City People's Committee for approval.

Best Regards!