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Circular No. 39/2009/tt-Bct: Regulations Make Some Of The Content Of The Regulations On Industrial Clusters Attached To Decision No 105/2009/qd-Ttg Dated August 19, 2009 By Prime

Original Language Title: Thông tư 39/2009/TT-BCT: Quy định thực hiện một số nội dung của Quy chế quản lý cụm công nghiệp ban hành kèm theo Quyết định số 105/2009/QĐ-TTg ngày 19 tháng 8 năm 2009 của Thủ tướng Chính phủ

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CIRCULAR regulations make a number of content management rules bylaws clusters attached to decision No 105/2009/QD-TTG dated August 19, 2009 by Prime _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 189/2007/ND-CP on December 27, 2007 of the Government functions duties, powers and organizational structure of the Ministry of industry and trade;

Pursuant to decision No. 105/2009/QD-TTg dated August 19, 2009 by Prime Minister the Government issued regulations on industrial clusters;

Industry regulations make some of the content of the regulations on industrial clusters attached to decision No 105/2009/QD-TTg dated August 19, 2009 by Prime as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular regulations make some of the content of the regulations on building industrial clusters and industrial clusters development planning, investment in infrastructure construction and industrial clusters, the procedure of establishing the Center for development of industrial clusters and the implementation regulations of industrial clusters attached to decision No 105/2009/QD-TTg dated 19 August 2009 by the Prime Minister.

Article 2. Application object 1. Enterprises, organizations and individuals to invest in the construction of infrastructure business, industrial and business services in industrial clusters;

2. State management agencies, other organizations implement the tasks related to the management and operation of industrial clusters.

Chapter II SPECIFIC PROVISIONS of article 3. The project of development of the industrial cluster 1. Construction of the project of industrial cluster development plan (hereinafter referred to as project) are understood to be system-building goals, direction, solutions and policy mechanism of industrial cluster development of province-level areas in each period, to distribution, the development of industrial cluster based on the rational use of resource efficiency and savings , local resources.

2. Project was established for each stage 10 (ten) years, are considering the prospect of 5 (five) years. The time limit for considering the adjustment of the planning scheme made 5 (five) year 1 (one).

Article 4. Funding to establish the project planning 1. Funds established by local budget plan assurance on the basis of the approved budget plan.

2. The Department of industry and trade construction plan included as expected an expense up project submitted for planning and investment, the Department of finance to consider balancing the budget under the current regulations, the provincial people's Committee decision.

3. The estimating and settlement planning for funding industrial cluster development is done in accordance with the law on State budget and circular No. 24/2008/TT-BTC dated 14 March 2008 of the Ministry of Finance on guidelines to manage, use and payment of funding economic career performing the tasks , project planning.

Article 5. Establish project planning 1. Based on the budget plan has been delivered, the Department of industry and Commerce held up the outline and estimating cost of implementation project according to the regulation, the competent authority report for approval.

2. Outline of project planning and estimation are browsing is the basis for implementation established planning and payment of costs under current rules.

3. where it is necessary to adjust, supplement the outline and estimation project, Department of industry and trade reported bodies competent to decide.

Article 6. Reporting project 1. Base outline and estimation, the Department of industry and Commerce coordinated with departments, district-level people's Committee building project or hire agency established the planning process of provincial people's committees for approval after the opinion and agreement of Industry. in case of making rental project Department of industry and Trade Organization, choose the Agency through tender or the tender specified under current rules for implementation in accordance with the outline and timelines.

2. in the planning process, the Department of industry and trade organizations to take steps to report, the opinions of the relevant authorities in writing, and complete the project.

Article 7. Profile approval process project planning process records include: 1. the suggestion Sheet approved project of the Department of industry and Commerce;

2. The draft decision on approval of the project planning;

3. the comment text of the Department of planning and investment; departments, district-level people's committees concerned;

4. evaluation results the report reviews the impact of the environment strategy 5. The text of the assessment authority;

6. Project report in full (the number required by the Department of industry and trade);

7. Summary of the project (amount by Industry).

Article 8. Appraisal and approval planning 1. The evaluation reports by the Council planning scheme appraisal project implementation.

Authority project was established under the provisions of Article 17, Paragraph 1, of the Decree 04/2008/ND-CP dated 11 January 2008 the Government's amendments and supplements to some articles of Decree No. 92/2006/ND-CP on 7 September 2006 by the Government on creation, approval and management of the overall socio-economic development , is responsible for implementation of the tasks specified in this Decree.

2. When finished the project report, the Department of industry and trade reported the provincial people's Committee established the authority to conduct the evaluation of the report project. In case of need can hire consultants on consulting, appraisal to staff appraisal.

3. where the report project need additions, corrections, Department of industry and trade is organized. Within 15 days from when the project was complete, the Department of industry and trade to complete diligence reports and records as specified in article 7, the provincial people's Committee to ask for the opinion of the Ministry of industry and trade agreements before approval.

The decision approving the planning scheme of the provincial people's Committee was submitted to the Ministry of industry and Commerce 1 (a) to monitor, the General Director.

Article 9. The sequence of construction industry clusters infrastructure investments infrastructure construction and industrial clusters are made according to the following sequence: 1. Establish, approve the report established investment, expansion of industrial clusters;

2. Establishment, approval of construction detailed planning industrial clusters;

3. Establishment, approval of investment projects in infrastructure construction and industrial or investment certification infrastructure business industrial clusters;

4. Organize the construction of infrastructure works in industrial cluster and manage the operation of the infrastructure works after completion.

Article 10. Detailed planning for the construction of industrial clusters 1. The content and process of independence, appraisal, approval of construction detailed planning of industrial clusters as a industrial zone according to the instructions in circular No. 01/2008/TT-BXD DATED November 20, 2008 of Ministry of construction guidelines in the preparation, evaluation, approval and management of construction of industrial zones the economic zones.

2. The cost of the detailed planning was done according to the norms of construction planning fees issued under the decision No. 15/2008/QÐ-BXD dated November 17, 2008 by the Minister of construction.

3. The selection of the consultants establish the detailed planning is done through tender or the tender specified under current rules.

4. in case of industrial clusters have the area under 5 ha (five hectares), you can set up project build without construction detail planning 1/500. Drawings of architectural projects, ground works, infrastructure solutions in content the basic design of the project must be consistent with the General Plan (or the planning sector of the municipality); ensuring the technical infrastructure connections and fit on the space architecture with the surrounding area.

Article 11. Set up the project infrastructure construction investment clusters 1. The content, sequence, appraisal, approval and management of investment projects in infrastructure construction and industrial implementation as stipulated in Decree No. 12/2009/ND-CP on December 2, 2009 on the management of project construction investment and Decree No. 83/2009/ND-CP on 10/15/2009 revised supplement some articles of Decree No. 12/2009/ND-CP.

2. When establishing investment projects in construction, infrastructure business unit conducted simultaneously reporting of environmental impact assessment of the project. The content, sequence, appraisal, approval of the assessment report on the environmental impact of the project made under the provisions of Decree No. 80/2006/ND-CP dated 9 August 2006 from the Government about detailing and guiding the implementation of some articles of the law on environmental protection and Decree No. 21/2008/ND-CP of March 2008 on the revision supplement some articles of Decree No. 80/2006/ND-CP.

Article 12. Procedure for the establishment of industrial cluster development centre 1. Investment demand base industrial development on the area and in the case of the expected establishment of industrial expansion, no infrastructure business unit, the district level people's Committee established the record established the Center for development of local industrial clusters, the provincial people's Committee to consider decision.

2. The Records Center includes: a) the Sheets of the district-level people's committees;

b) project established Central (which includes: the need, explain the conditions established Center; proposed organizational structure, staffing, funding of activities of the Centre; the Center's operation regulations, ...);

c) a copy of the decision on establishment of industrial clusters; The decision for approval of construction detailed planning industrial clusters; The decision to approve the investment project of construction of industrial infrastructure;

d other related texts).

The record was established 4 sets, sending provincial people's Committee, the Department of the Interior, the Department of industry and trade, Department of finance; each 1.

3. The Department of industry and commerce in collaboration with the Department of the Interior, the Department of finance evaluation of the record established the Centre provincial people's Committee decision established or not established.

The decision to establish the center of the provincial people's Committee was submitted to the Ministry of industry and Commerce 1 (a) to monitor and steer.

Chapter III


IMPLEMENTATION article 13. Handle switch according to the provisions of the regulation 1. About the name of industrial clusters: a) industrial park is the generic name of the zone, clusters, industrial by the provincial people's Committee approved the plan and decided to establish under the provisions of the regulation.

b) for zones, clusters, industrial was established on the area before May 5, 2009, the Department of industry and trade review and report the provincial people's Committee decision to adjust, modify the name in accordance with the provisions of the regulation.

2. On the area of industrial clusters: Department of industry and trade, in collaboration with the relevant departments to check, recheck the list of clusters have been established before October 2009 have area larger than 75 hectares (seven fifty-five hectares) the people's Committee report, issued the decision according to the following: a) established the adjustments, additions to the development planning of the Vietnam industrial zone for the industrial cluster has enough additional conditions on the planning of industrial parks, send the Ministry of planning and investment, Ministry of industry and trade review the Prime Minister's decision.

b) adjust the area for the rest of the industry for compliance with the provisions of the regulation to manage clusters.

Industrial case approved the detailed planning, performing the procedure on infrastructure investment shall be considered unchanged area such as detailed planning was approved after the opinion of the Ministry of industry and trade.

3. On the management models of industrial clusters and industrial clusters of cases by the people's committees at district level or business units invested infrastructure (using capital budget) must be converted to industrial cluster development centre to implement the functions and tasks of the infrastructure business unit.

4. On the development of industrial clusters: a) for industrial clusters development plan was approved before the April 5, 2009, the Department of industry and trade to conduct the review, adjusted in accordance with the prescribed rules, reports the provincial people's Committee consideration, approval.

b) event planning industry cluster development are in the process of planning for the Organization to review, adjust planning content for compliance with the regulation and organization of appraisal, approval under the provisions of this circular.

Article 14. Execution time switch 1. The disposal switch according to the provisions of article 13, this circular must be finished before January 5, 2011.

2. The Department of industry and trade is the clue to help the provincial people's Committee to implement the transformation of local industrial clusters under the provisions of the Statute and this circular.

3. The results of the conversion in the sending local Industry to track, aggregate and report the Prime Minister.

Article 15. Terms of implementation 1. This circular has the effect after 45 days from the date of signing. The previous provisions of the provincial people's Committee of management, industrial clusters, contrary to regulations and guidance in this circular are repealed.

2. The Bureau of the local industry is the clue to help the Minister of industry and trade to make state management tasks for the industrial clusters in the nationwide according to the content of the provisions of Article 18 paragraph 1 industrial management regulation; have the responsibility to guide and handle specific problems arising in the process of implementation of this circular.

3. in the implementation process if there are problems, the Organization, the individual concerned submitted comments about the Industry to consider and resolve.