JOINT CIRCULAR

GUIDING THE SETTLEMENT OF INDUSTRIAL COMPLEXES ESTABLISHED BEFORE THE REGULATION ON THE MANAGEMENT OF INDUSTRIAL COMPLEXES, PROMULGATED TOGETHER WITH THE PRIME MINISTER’S DECISION NO. 105/2009/QĐ-TTG DATED AUGUST 19, 2009, TAKES EFFECT.

Pursuant to the Government's Decree No. 189/2007/NĐ-CP dated December 27, 2007 on defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government's Decree No. 44/2011/NĐ-CP dated June 14, 2011 amending and supplementing Article 3 of the Government's Decree No. 189/2007/NĐ-CP dated December 27, 2007 on defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government's Decree No. 116/2008/NĐ-CP dated November 14, 2008 on defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

Pursuant to the Prime Minister’s Decision No. 105/2009/QĐ-TTG dated August 19, 2009, promulgating the Regulation on the management of industrial complexes;

Implementing the Prime Minister’s Directive No. 07/CT-TTg dated March 02, 2012, on reorganizing the management and enhancement of the efficiency of economic zones, industrial parks, and industrial complexes;

The Ministry of Industry and Trade and the Ministry of Planning and Investment guides the settlement of industrial complexes established before the Regulation on the management of industrial complexes, promulgated together with the Prime Minister’s Decision No. 105/2009/QĐ-TTG dated August 19, 2009, takes effect,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular guides the settlement of industrial complexes established before the Regulation on the management of industrial complexes (hereinafter referred to as the Regulation), promulgated together with the Prime Minister’s Decision No. 105/2009/QĐ-TTG dated August 19, 2009, takes effect.

If an industrial complex has been decided to be converted by a provincial People’s Committee in accordance with Clause 1, 2 and 3 Article 13 of the Circular No. 39/2009/TT-BCT dated December 28, 2009 of the Ministry of Industry and Trade, on the implementation of the Regulation on the management of industrial complexes , and has obtained an Establishment Decision, it is exempted from the settlement prescribed in this Circular.

Article 2. Subjects of application

1. The enterprise, organizations and individuals investing in building, trading the infrastructures of industrial complexes, and investing in the production, business, and service provision in industrial complexes.

2. The State management agencies and organizations related to the management and operation of industrial complexes.

Chapter 2.

SPECIFIC PROVISIONS

Article 3. Identifying industrial complexes established before the Regulation takes effect

The industrial complexes established before the Regulation takes effect include:

1. The industrial complexes of which the projects of investment in building infrastructure were approved by competent authorities before October 05, 2009;

2. The industrial complexes of which the detailed construction plannings were approved before October 05, 2009, but their projects of investment in building infrastructure have not been approved by competent authorities;

3. The industrial complexes not being prescribed in Clause 1 and Clause 2 this Article, but are in the Planning for developing industrial complexes, or the local Planning for industrial development, and have projects of investment in industrial complexes before October 05, 2009.

Article 4. Making the list of industrial complexes established before the Regulation takes effect

Based on Article 3 of this Circular, Services of Industry and Trade shall lead and cooperate with relevant Services, sectors, and district-level People’s Committees in reviewing, making, and submitting the list of industrial complexes established before the Regulation takes effect to provincial People’s Committees for approval, then consider, settle, or propose solutions for settling under the plans prescribed in Clause 5 of this Circular.

The list of industrial complexes established before the Regulation takes effect must be made under the form in Annex 1 and Annex 2, promulgated together with this Circular, and sent to the Ministry of Industry and Trade and the Ministry of Planning and Investment for monitoring.

Article 5. Plans for settling industrial complexes established before the Regulation takes effect

1. For industrial complexes larger than 75 hectares:

a) The industrial complexes that satisfy the conditions in Clause 1 Article 6 of this Circular shall be converted into industrial parks as prescribed in Article 6 and Article 7 of this Circular for unifying the management in accordance with the Government's Decree No. 29/2008/NĐ-CP dated March 14, 2008 on industrial parks, export processing zones, and economic zones (hereinafter referred to as the Decree No. 29/2008/NĐ-CP);

a) The industrial complexes that fail to satisfy the conditions in Clause 1 Article 6 of this Circular must adjust their scale and size in conformity with the Regulation, and establish industrial complexes as prescribed in Article 8 and 9 of this Circular.

The industrial complexes in the following cases may retain their scale and size when establishing industrial complexes:

- The industrial complexes of which the industrial land is completely used;

- The industrial complexes that have finished investing in building infrastructure;

- The industrial complexes of which the detailed plannings have been approved, and the procedures for land clearance and compensation have been completed.

2. The industrial complexes smaller than 75 hectares must be established as industrial complexes prescribed in Article 8 and 9 of this Circular for unifying the management under the Regulation.

3. If the industrial complexes established before the Regulation takes effect are not settled in accordance with the plans prescribed in Clause 1 and 2 this Article, the provincial People’s Committees must settle them intra vires, or request competent agencies to settle in accordance with law.

Article 6. Converting industrial complexes established before the Regulation takes effect into industrial parks

1. Conditions for conversion:

a) The investors in developing infrastructure are enterprises operating under law provisions on enterprises;

b) The land area leased or subleased to the projects, that apply for investment and Investment certificates, reaches at least 40% of the total industrial land area of the industrial complex;

c) the detail planning of the industrial complex has been approved by a competent agency as prescribed by current law provisions;

d) A concentrated sewage treatment system has been built, or the investor in developing the infrastructure has made a commitment on the time limit for building the sewage treatment system after the conversion;

dd) The conditions in Clause 2, 3, 4, and 5 Article 6 of the Decree No. 29/2008/NĐ-CP are satisfied.

2. Procedures for conversion:

a) The Provincial People’s Committee shall make the dossiers on converting industrial complexes into industrial parks, and send them to the Ministry of Planning and Investment for appraisal;

a) The Ministry of Planning and Investment shall lead and cooperate with the Ministry of Industry and Trade, relevant Ministries and sectors in appraising the dossiers on converting industrial complexes into industrial parks, and submit them to the Prime Minister for appraisal;

c) Supplementing the planning, and establishing industrial parks from the converted industrial complexes:

- For industrial complexes that satisfy the conditions prescribed in Clause 1 this Article, and have been issued with the Investment certificates regarding the projects of investment in developing infrastructure, the Ministry of Planning and Investment shall consider and request the Prime Minister to add them in the Overall planning for developing industrial parks nationwide, and assign provincial People’s Committees to make decisions on establishing industrial parks.

- For industrial complexes that satisfy the conditions prescribed in Clause 1 this Article, but have not been issued with the Investment certificates regarding the projects of investment in developing infrastructure, the Ministry of Planning and Investment request the Prime Minister to add them in the Overall planning for developing industrial parks.

The issuance of Investment certificates to the projects of investment in developing infrastructure and establishing industrial parks must comply with current law provisions.

3. A dossier on conversion comprises:

a) The written proposal submitted to the Prime Minister, made by the Provincial People’s Committee, for converting local industrial complexes into industrial parks;

b) The scheme for converting industrial complexes into industrial parks;

The dossier is made into 07 sets, including 02 originals (01 original is submitted to the Prime Minister, and 06 sets are submitted to the Ministry of Planning and Investment for appraisal).

4. The scheme for converting industrial complexes into industrial parks contains:

a) The necessity and legal foundation of the conversion;

b) Assessment of the implementation and orientation of the local socio-economic and industrial development;

c) Assessment of the current condition and development of the established industrial parks, and the planning for developing local industrial parks;

d) Names, positions, scales, areas, current conditions, and infrastructure of the industrial complex planned to be converted;

dd) The legal position, capability, and experience of the investors in developing infrastructure of the industrial complex planned to be converted;

e) Assessment and explanation for the fulfillment of the conditions prescribed in Clause 1 this Article;

g) The ability to raise capital for investing in building and developing the industrial park after the conversion;

h) The demonstration of the plan for developing the industrial park after converting on the planning map.

Article 7. Appraising dossiers on converting industrial complexes established before the Regulation takes effect into industrial parks

1. The content of appraisal:

a) The legal foundation and necessity of the conversion;

b) The conformity of the conversion of the industrial complex into an industrial park with the planning for socio-economic development; the local planning and plan for using land; the regional and urban construction planning; the planning for developing infrastructure;

c) The fulfillment of the conditions for converting industrial complexes into industrial parks;

d) The conformity and feasibility of the development of the industrial park, and the raise of capital for building its infrastructure.

2. Procedures for appraisal:

a) Within 5 working days as from receiving the conversion dossier, the Ministry of Planning and Investment must obtain opinions from relevant Ministries and sectors;

If the conversion dossier does not satisfy the conditions in Clause 2 and Clause 3 Article 6 of this Circular, the Ministry of Planning and Investment shall request the provincial People’s Committee, in writing, to amend and supplement it. The time for amending and supplementing the dossier is not included in the appraisal period.

b) Within 10 working days as from being asked by the Ministry of Planning and Investment, the relevant Ministries and sectors must reply;

If necessary, the Ministry of Planning and Investment may hold a meeting with relevant Ministries, sectors, and provincial People’s Committees to clarify related issues.

c) Within 30 working days as from obtaining the opinions from Ministries and sectors, the Ministry of Planning and Investment must summarize and submit them to the Prime Minister for consideration and decision.

Article 8. Establishing industrial complexes from industrial complexes established before the Regulation takes effect

1. Procedures for establishing:

a) The Provincial People’s Committee shall make the dossier on establishing the industrial complex as prescribed in Clause 2 and Clause 3 this Article, and submit it to the Service of Industry and Trade for appraisal;

b) The Services of Industry and Trade shall be in charge and cooperate with relevant Services and sectors in appraising it, and submit it to the provincial People’s Committee for decision:

Within 15 days working days as from receiving the dossier on establishing the industrial complex, the Service of Industry and Trade must appraise and submit it to the provincial People’s Committee.

- When establishing an industrial complex of which the area does not exceed 75 hectares: within 10 working days as from receiving the dossier enclosed with the written appraisal from the Service of Industry and Trade, the provincial People’s Committee must consider and decide to whether establish the industrial complex.

- When establishing an industrial complex of which the area exceeds 75 hectares: within 10 working days as from receiving the dossier enclosed with the written appraisal from the Service of Industry and Trade, the provincial People’s Committee must send 01 dossier on establishing the industrial complex to the Ministry of Industry and Trade for agreement.

Within 30 days working days as from receiving the dossier on establishing the industrial complex, the Ministry of Industry and Trade must consider and issue a written agreement If the dossier on establishing the industrial complex does not satisfy the conditions in Clause 2 and Clause 3 this Article, the Ministry of Planning and Investment shall request the provincial People’s Committee, in writing, to explain and supplement it. The time for explaining and supplementing is not included in the consideration period. Within 10 working days as from receiving the written agreement from the Service of Industry and Trade, the provincial People’s Committee must consider and decide to whether establish the industrial complex.

01 copy of the Decision on establishing the industrial complex must be sent to the Ministry of Industry and Trade for monitoring and summarizing.

2. A dossier on establishing the industrial complex comprises:

a) The written request from the district-level People’s Committee being submitted to the provincial People’s Committee for the establishment of the industrial complex;

b) The report on the establishment of the industrial complex;

c) A valid copy of the Decision on approving the project of investment in building infrastructure of the industrial complex, or the Investment certificate of the project (applicable to the industrial complexes prescribed in Clause 1 Article 3 of this Circular); a valid copy of the Decision on approving the detailed planning for building the industrial complex (applicable to the industrial complexes prescribed in Clause 2 Article 3 of this Circular); a valid copy of the decision on approving the planning for developing industrial complexes, or the decision on approving the planning for provincial industrial development (applicable to the industrial complexes prescribed in Clause 3 Article 3 of this Circular).

The dossier must be made into 06 sets, including 02 originals.

3. The report on the establishment of the industrial complex contains:

a) The necessity and legal foundation for establishing the industrial complex;

dd) The legal position, capability, and experience of the investors in developing infrastructure of the industrial complex;

c) The assessment of the current condition and structure of land use; the plan for arranging the business lines in the industrial complex;

d) The assessment of the current conditions of, and the plan for investing in infrastructure of the industrial complex;

dd) The solution and ability of raising capital for investing in completing the infrastructure of the industrial complex;

e) The current conditions and solutions for attracting investment to the industrial complex;

g) The forecast about the economic, social, and environmental efficiency of the development of the industrial complex after being established;

h) The demonstration of the plan for developing the industrial complex on the map (applicable to the industrial complexes prescribed in Clause 3 Article 3 of this Circular).

Article 9. The appraisal of dossiers on establishing industrial complexes from industrial complexes established before the Regulation takes effect

1. The necessity and legal foundation for establishing the industrial complex.

2. The name, area, targets, and functions of the industrial complex.

3. The conformity with the planning for developing industry and handicrafts, the planning for developing the local industrial complexes; the plannings and plans for using land; the construction plannings, and other relevant local plannings.

4. The adherence to the law provisions on investment, constructions, land, and environment of the industrial complex.

5. The solutions for raising capital for investing in completing the infrastructure, and solutions for attracting investment to the industrial complex.

6. The economic, social, and environmental efficiency of the development of the industrial complex after being established.

Chapter 3.

IMPLEMENTATION ORGANIZATION

Article 10. Time limit for settling industrial complexes established before the Regulation takes effect

1. The deadline for completing reviewing and making the list of industrial complexes established before the Regulation takes effect prescribed in Article 4 of this Circular is before December 31, 2012.

2. The deadline for completing settling the industrial complexes established before the Regulation takes effect is before December 31, 2015.

Article 11. Effects

This Circular takes effect on November 26, 2012.

Clause 2 and Clause 3 Article 13, and Article 14 of the Circular No. 39/2009/TT-BCT dated December 28, 2009 of the Ministry of Industry and Trade, on the implementation of the Regulation on the management of industrial complexes, promulgated together with the Prime Minister’s Decision No. 105/2009/QĐ-TTG dated August 19, 2009, are annulled

Article 12. Implementation responsibilities

1. Provincial People’s Committees shall direct Services, sectors, and district-level People’s Committees, investors in developing the infrastructure of industrial complexes, and relevant organizations to settle industrial complexes established before the Regulation takes effect as prescribed in this Circular.

2. The Services of Industry and Trade shall be in charge and advise provincial People’s Committees to implement this Circular.

3. Local Industrial Departments (The Ministry of Industry and Trade) and the Departments of Economic Zone Management shall advise leaders of the Ministry of Industry and Trade and the Ministry of Planning and Investment to monitoring and reporting the implementation of this Circular.

4. Relevant organizations and individuals are recommended to send feedbacks on the difficulties arising during the course of implementation to the Ministry of Industry and Trade and the Ministry of Planning and Investment for consideration and settlement./.

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