What is an industrial park? Who is eligible to register or unregister short stay within industrial parks in Vietnam?

What is an industrial park? Who is eligible to register or unregister short stay within industrial parks in Vietnam? (Internet image)

1. What is industrial park?

According to Clause 1, Article 2 of Decree 35/2022/ND-CP, industrial park refers to an area that is enclosed by definite boundaries, specializes in production of industrial goods and provision of services satisfying the industrial production needs.

2. 05 types of industrial parks in Vietnam

Types of industrial parks are specified from Clauses 2 to 6, Article 2 of Decree 35/2022/ND-CP, specifically, there are 05 types of industrial parks in Vietnam as follows:

(1) Export processing zone

An industrial park specially intended for manufacturing of exported goods, rendering of services meeting the needs of production of exported goods and exporting purposes; which is fenced in under the regulatory provisions applied to the free zones stipulated in law on customs duties.

(2) Supporting industrial park

An industrial park which specializes in manufacturing supporting industrial products and renders services satisfying the needs of manufacturing of these products; has at least 60% of its industrial land which is used for attracting investment projects on manufacturing of supporting industrial products under law on development of the supporting industry.

(3) Specialized industrial park

An industrial park which specializes in and supplying services needed for manufacturing of products in a specified industry or sector; has at least 60% of its industrial land intended to attract investment projects in such industry or sector.

(4) Eco-industrial park

An industrial park in which enterprises located inside its perimeter get involved in cleaner production, make effective use of natural resources and enter into production linkage and cooperation for industrial symbiosis; which meet the criteria stipulated herein.

(5) Hi-tech industrial park

An industrial park that attracts hi-tech and IT investment projects on the classification list of industries and sectors with special investment incentives under the provisions of law on investment; projects with technology transfers on the classification list of technologies eligible for technology transfer incentives as provided in law on technology transfer; technology incubators; science and technology business incubators subject to law on high technology and legislation on science and technology; investment projects on creative entrepreneurship, innovation, research and development, education and training; that has at least 30% of its industrial land used to attract these investment projects.

3. Who is eligible to register or unregister short stay within industrial parks in Vietnam?

According to Article 25 of Decree 35/2022/ND-CP, the subjects who are allowed to register or unregister short stay within industrial parks are prescribed as follows:

- Registered or unregistered short stay shall be accepted at industrial parks without permanent residences as per law on residence.

- Professionals and employees may be granted permission for registered or unregistered short stay at industrial parks to work for enterprises according to the following regulations:

+ Vietnamese professionals and employees may be granted permission for their registered and unregistered short stay according to law on residence;

+ Foreign professionals and employees may be granted permission for their registered short stay under law on entry, exit, transit and residence of foreign nationals in Vietnam.

- Accommodation establishments must be built on the area of land intended for services of industrial parks; must ensure conformance to environmentally safe distance requirements set out in law on construction and other relevant regulatory provisions; must ensure conformance to social security and peace requirements and none of adverse impacts on production and business activities of enterprises inside the perimeter of industrial parks.

- In case of force majeure events taking place due to direct impacts caused by natural disaster, environmental calamity, fire, disease, war, strike, riot or other emergencies, professionals and workers or employees may register their short stay or stay at enterprises inside the perimeter of industrial parks according to the following regulations:

+ Vietnamese professionals and employees may be permitted for unregistered short stay at enterprises inside the perimeter of industrial parks as per law on residence;

+ Foreign professionals and employees may be granted permission to stay at enterprises inside the perimeter of industrial parks during the period of less than 30 days and must register their short stay under law on entry, exit, transit and residence of foreign nationals in Vietnam.

Nhu Mai

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