Functions of an industrial park, export processing zone and economic zone authority in Vietnam

Functions of an industrial park, export processing zone and economic zone authority in Vietnam (Internet image) 

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

1. Functions of an industrial park, export processing zone and economic zone authority in Vietnam

Functions of an industrial park, export processing zone and economic zone authority according to Article 67 of Decree 35/2022/ND-CP are as follows:

- Industrial park, export processing zone and economic zone authorities are agencies affiliated to the provincial People's Committees, which performs the functions of direct State management over industrial parks and economic zones located in provinces or centrally-affiliated cities in accordance with this Decree and other relevant legislation;

Which manages and organizes the provision of public administrative services and other supporting services related to investment, production and business activities for enterprises at industrial parks and economic zones.

In this Decree, they are collectively referred to as industrial park and economic zone authorities, unless otherwise prescribed by particular regulations applied to economic zone authorities.

- Industrial park and economic zone authorities shall be incorporated under the Prime Minister’s establishment decision and subject to the direction and management of the provincial People's Committees over organization, personnel, working plans, schedules and operating costs and expenses; shall be commanded, instructed and supervised in professional aspects by ministries and central authorities with respect to related sectors and industries;

Shall assume responsibility for closely cooperating with specialized agencies controlled by the provincial People's Committees in managing industrial parks and economic zones; shall act as functional agencies under the provincial People’s Committees when being assigned or authorized; shall implement the tasks and powers as specialized agencies under the provincial People’s Committees in accordance with the regulatory provisions of this Decree and other relevant law.

- Each industrial park and economic zone authority has legal personality, its own account and stamp on which the national emblem is inscribed; shall be operated by using annual public non-business budgets and capital investment funds of the state budget and other funding sources under regulations adopted by competent state agencies.

- Industrial park and economic zone authorities shall perform duties and authority assigned by the state regulatory authorities specified herein and other regulatory provisions of relevant law.

2. Organizational apparatus and personnel structures of industrial park and economic zone authorities in Vietnam

Organizational apparatus and personnel structures of industrial park and economic zone authorities in Vietnamaccording to Article 70 of Decree 35/2022/ND-CP is as follows:

- Each industrial park and economic zone authority must be composed of the Head and no more than 03 Vice Heads; and its assistant staff.

The Head is appointed or dismissed by President of provincial People's Committee. Vice Heads are appointed or dismissed by President of provincial People's Committee upon the Head’s request.

- The Head shall be responsible for administering all activities of the industrial park and economic zone authority, and shall be held responsible to the provincial People's Committee, President of provincial People’s Committee and before law for performance of the industrial park or economic zone.

- Organization structure of the industrial park and economic zone authority shall be composed of: assistant staff (i.e., administrative, professional divisions and representatives of the industrial park and economic zone authority); affiliated non-business units performing public and social tasks, investment or business support services for enterprises of the industrial park or economic zone and other organizations suitable to the developmental context of the industrial park and economic zone;

The tasks and powers of specific types of the industrial park or economic zone authority shall be subject to regulations on instructions of competent regulatory authorities and regulations of relevant legislation.

- Setting out the assistant staff must conform to the following conditions and criteria:

+ Multi-disciplinary or multi-sectoral management divisions must be established; there must be clear processes for management of activities assigned to these divisions, and managed objects that are clearly identified and fall within the remit of the industrial park and economic zone authority;

+ Depending on workload, there is the requirement that each division of the industrial park and economic zone authority in Hanoi and Ho Chi Minh city must be staffed by at least 07 persons; each division of the industrial park and economic zone authority in the grade-I province must be staffed by at least 06 persons; each division of the industrial park and economic zone authority in the grade-II or grade-III province must be staffed by at least 05 persons;

+ Each division of the industrial park and economic zone authority in Hanoi and Ho Chi Minh city staffed by fewer than 10 persons; the industrial park and economic zone authority in the grade-I province staffed by fewer than 09 persons; the industrial park and economic zone authority in the grade-II or grade-III province staff by fewer than 08 persons must have one Vice Head;

+ Each division of the industrial park and economic zone authority in Hanoi and Ho Chi Minh city staffed by 10 – 14 persons; the industrial park and economic zone authority in the grade-I province staffed by 09 – 14 persons; the industrial park and economic zone authority in the grade-II or grade-III province staff by 08 – 14 persons must have no more than 02 Vice Heads;

+ The number of vice heads of the Office of the industrial park and economic zone authority, and the Representative Office at an industrial park, shall be the same as that of a professional and specialized division.

- The establishment of departments, divisions and other constituent organizations that are not public service units (hereinafter referred to as departments) under the control of the employment service center shall conform to the Government's regulations on establishment, reorganization and dissolution of public service units.

The number of public servants and employees working for public non-business units who are members of an industrial park and economic zone authority shall be determined according to working positions associated with their functions, tasks and range of activity, and shall be equal or less than the number of public servants and employees working for administrative agencies, organizations and non-business units of provinces and centrally-affiliated cities and which is assigned or approved by competent authorities.

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