Procedures for resizing of boundaries of an economic zone in Vietnam

Procedures for resizing of boundaries of an economic zone in Vietnam (Internet image)

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

1. What is resizing of boundaries of an economic zone?

According to Clause 1, Article 18 of Decree 35/2022/ND-CP, resizing of boundaries of an economic zone is any change in size of geographical boundaries of the preexisting economic zone that takes place within a commune

Or from this commune to the other in the same district if total area of land of the economic zone does not vary by more than 10% and the district where the project site of the resized economic zone is located does not change.

2. Cases of resizing of boundaries of the economic zone in Vietnam

Cases of resizing of boundaries of the economic zone according to Clause 2, Article 18 of Decree 35/2022/ND-CP include:

The resizing of boundaries of the economic zone may be allowed in the following cases:

- The resizing occurs due to any change in the national, regional, provincial or other relevant planning schemes that has effects on the developmental orientation of the economic zone;

- The resizing is required if the dimensional size of the economic is decreased in comparison to that of the preexisting economic zone;

- The resizing is needed if the dimensional size of the economic zone is increased in comparison to that of the preexisting one by no more than 10% in order to reserve more space for the immense development and pervasive influence of prioritized sectors and industries of the economic zone.

3. Application documents for resizing of boundaries of an economic zone in Vietnam

Application documents for resizing of boundaries of an economic zone according to Article 19 of Decree 35/2022/ND-CP is as follows:

- The project on resizing of an economic zone under the control of the provincial People’s Committee must contain the followings:

+ Legal basis for and necessity of and affected sections of the economic zone to be resized;

+ Evaluation of the current construction and development condition of the preexisting economic zone;

+ Assessment and interpretation of capabilities of satisfying the conditions for resizing of the economic zone that are prescribed in point b, c, d and dd of clause 2 of Article 14 and 18 in Decree 35/2022/ND-CP (enclosing relevant documents);

+ Proposed plan for development of the resized economic zone shall contain the followings: developmental objectives, dimensional scale, features and functions of the economic zone; developmental orientations of sectors and industries;

Plan for spatial development and development of functional sections inside the economic zone; investment, construction and development plan and schedule of the economic zone;

+ Recommended solutions and implementation thereof;

+ Representation of the plan for resizing of the economic zone on the map at scale 1:10,000 - 1:25,000.

- Transmittal form submitted to the Prime Minister by the provincial People’s Committee for request for resizing of boundaries of the economic zone.

- Such documentation shall be made into 10 sets, comprising at least 02 original ones (01 original set submitted to the Prime Minister) and 09 sets submitted to the Ministry of Planning and Investment for evaluation purposes as prescribed in Article 20 of Decree 35/2022/ND-CP.

4. Processes and procedures for resizing of boundaries of an economic zone in Vietnam 

Processes and procedures for resizing of boundaries of an economic zone according to Article 20 of Decree 35/2022/ND-CP are as follows:

- Within 03 working days of receipt of all required application documents prescribed in Article 19 of Decree 35/2022/ND-CP, the Ministry of Planning and Investment sends documents on consultation with relevant state authorities.

- Where such consultation documentation fails to meet the regulations laid down in Article 19 of Decree 35/2022/ND-CP, the Ministry of Planning and Investment advises the provincial People’s Committee of such failure in writing in order to request it to revise such submitted documents. Period of such supplementation or revision shall not be included in the review time.

- Within 15 days of receipt of consultation documentation, the consulted agency gives its comments about items falling within its remit and sends them to the Ministry of Planning and Investment.

- Within 40 days of receipt of all required application documents, the Ministry of Planning and Investment prepares the review report including the information specified in clause 5 of Article 20 of Decree 35/2022/ND-CP for submission to the Prime Minister to seek his decision on approval of such resizing.

Where necessary, the Ministry of Planning and Investment can set up the Review Council or organize a meeting with other relevant state authorities and the People’s Committee of the province where the project is located to clarify concerned issues.

- The items subject to the pre-approval review of resizing of an economic zone shall include:

+ Legal basis for and necessity of the resizing of the economic zone;

+ Assessment of conformance to the conditions for resizing of the economic zone that are prescribed in point b, c, d and dd of clause 2 of Article 14 and 18 of Decree 35/2022/ND-CP;

+ Assessment of the proposed plan for development of the resized economic zone;

+ Assessment of solutions and implementation thereof.

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