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Decree 36/cp: About Issued Regulation Of Industrial Zones, Export Processing Zones, High-Tech Zones

Original Language Title: Nghị định 36/CP: Về ban hành Quy chế khu công nghiệp, khu chế xuất, khu công nghệ cao

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The DECREE issued by the Government on the regulation of industrial zones, export processing zones, hi-tech base GOVERNMENT Government Organization Law on September 30, 1992;
Pursuant to the law on domestic investment encouragement 22 June 1994;
Pursuant to the law on foreign investment in Vietnam on November 12, 1996;
In order to expand and improve the efficiency of operation of the establishment, construction, development and management of industrial zones, export processing zones, high-tech zones;
According to the recommendation of the Minister of planning and investment, the Minister of science, technology and the environment, the Minister of industry, the head of the Management Board of the Vietnam industrial zone, the DECREE: article 1. Attached to this Decree, regulation of industrial zones, export processing zones, hi-tech zone, replacing the regulations issued under the export processing zones Decree 323/dated 18 October 1991 of the Council of Ministers (Government), industrial regulation was attached to the Decree 192/CP dated 28 December 1994 from the Government.
Article 2. This Decree takes effect after 15 days from the date of signing. The previous provisions contrary to this Decree are repealed.
Article 3. The Ministers, heads of ministerial agencies, heads of government agencies involved, the Management Board of the Vietnam industrial zone, is responsible for the detailed guide to the enforcement of the regulations attached to this Decree.
Article 4. The Ministers, heads of ministerial agencies, heads of government agencies, head of the Management Board of the Vietnam industrial zone, Chairman of the provincial people's Committee, central cities are responsible for the implementation of this Decree.
 
REGULATION of INDUSTRIAL ZONES, EXPORT PROCESSING ZONES, HI-TECH ZONE (attached to Decree No. 36/CP dated 24 April 1997 from the Government) chapter I GENERAL PROVISIONS article 1. The Government encouraged businesses in Vietnam the economic sectors, economic organizations, foreign individuals and enterprises invested by foreign investment in industrial zones, export processing zones and high-tech zones (collectively and as IPS, except where there are separate rules for each type of zone) on the basis of this regulation and the provisions of the law of Vietnam.
Article 2. In this regulation the terms below are interpreted as follows: 1. "Industrial Zone" is the focus to INDUSTRIAL businesses specializing in the production of industrial goods and performed services for industrial production, have defined geographical boundaries, no residential living; by the Government or the Prime Minister decided to establish, in the industrial zone can have export processing businesses.
2. the "export processing zones" is the concentrated industrial zones and export processing enterprises specializing in the production of exported goods, perform services for export production and export activities, geographical boundaries are defined, no residential living; by the Government or the Prime Minister decided to establish.
3. "high" is the focus of the high technology business and operational units of service for high-tech development includes research-science-technology, training and other related services, geographical boundaries identified; by the Government or the Prime Minister decided to establish. In the high-tech zones can have export processing businesses.
4. "export business" is a business that specializes in the production of exported goods, perform services for export production and export activities are established and operate under this regulation.
5. "Enterprise IPS" is established and business activity in the INDUSTRIAL ZONES, including the manufacturing business and Enterprise Services.
6. "producer IZ" is industrial production enterprises are established and operating in the INDUSTRIAL PARK.
7. "INDUSTRIAL PARK service business" is a business established and operating in the INDUSTRIAL PARK, to perform services of infrastructure works, services of industrial production.
8. "industrial management" (except where there are separate rules for each type of management) is the direct administration of the industrial zones, export processing zones in the geographic scope of a province, the central cities or industrial zones Management Board the Management Board or a federal industrial zone (peculiar) or management high-tech zones; due to the Prime Minister decided to establish.
Article 3. The development of industrial zones are subject to the master plan has been approved by the Government. The case would like to shape the INDUSTRIAL ZONES already in the master plan, the provincial people's Committee, the central cities (collectively, the provincial people's Committee) directs the feasibility study report of establishment of INDUSTRIAL ZONES and the browser according to the current rules. The case would like to shape the INDUSTRIAL ZONES not yet in the overall planning of the Ministry of planning and investment to host, in cooperation with the Ministry of industry, Ministry of construction, the Management Board of the Vietnam industrial and related agencies (if necessary) on the basis of the proposal of the provincial people's Committee, the Prime Minister reviewed the decision advocates the formation of INDUSTRIAL ZONES.
Article 4. When the prime consideration, decided the establishment of INDUSTRIAL ZONES, the Agency reviewed, appraised the project clarified the following xấn: 1. Have or not have in general rules have been approved by the Government. The case is not yet in the master plan must make clear the need for additional adjustments to the master plan.
2. The construction of infrastructure works in and outside INDUSTRIAL ZONES, taking into account the technical connector in addition to the INDUSTRIAL PARK, the neighborhood serves workers, labor to work in INDUSTRIAL ZONES, schools, facilities and clinics serve the INDUSTRIAL PARK.
3. The solution: sources of capital, power supply, water supply, transportation, information, the environment, labor to ensure the viability of the INDUSTRIAL PARK.
4. industrial production industries in the INDUSTRIAL PARK.
5. mobility projects investment in the INDUSTRIAL PARK.
Article 5. The management of the investment, construction and management of bidding with the operation of the INDUSTRIAL PARK business must comply with the applicable provisions of the law of Vietnam.
Article 6. In the INDUSTRIAL PARK has the following business types: a. Vietnam business in the economic component.
b. foreign enterprises.
c. The parties to a contract do business according to the law on foreign investment in Vietnam.
Article 7. In INDUSTRIAL ZONES, the investors in the country and abroad, Vietnam business in the economic sectors, enterprises with foreign capital is invested in the areas of: 1. the business and construction of infrastructure works.
2. The manufacture, Assembly, machining and industrial products for export and consumption in the domestic market; development and sales of patents, technical know-how, technological processes.
3. research and development of science-technology to improve the quality of our products and create new products.
4. production support services industry.
 
CHAPTER II article 8 INDUSTRIAL PARK BUSINESS. The business has sufficient legal basis to INDUSTRIAL operations in the INDUSTRIAL PARK after a competent State agency decision or investment approvals phếp investments and the business registration certificate.
For enterprises invested abroad, the paper phếp valuable investment as business registration certificate under the provisions of article 60 of law on foreign investment in Vietnam.
For domestic investors when investing in INDUSTRIAL PARKS must have decided to established businesses under current rules for every type of business.
Article 9. The duration of the business functioning IPS not more than 50 years and not to exceed the time limit for the operation of the INDUSTRIAL ZONE infrastructure development company, is calculated from the date the business was the decision by the authorized investment approvals or licenses to invest in the INDUSTRIAL PARK.

Special cases the duration of activity of enterprises INDUSTRIAL ZONES may exceed the time limit for the operation of the INDUSTRIAL ZONE infrastructure development company, but must be approved by the Prime Minister on the basis of the proposal of the provincial people's committees and decision-making bodies approved the investment or investment license.
Article 10. Enterprise IPS have the right to: 1. Leased land in INDUSTRIAL ZONES according to the current rules for every kind of business for the construction of factory buildings and production-business. Lease of land in INDUSTRIAL ZONES in line with the duration of activity of enterprises in INDUSTRIAL ZONE investment approval decision or investment licenses.
2. paid use of infrastructure works, public utility facilities, services in the INDUSTRIAL PARK.
3. The organization of production and business, made the service consistent with the investment approval decision or investment licenses, business registration certificate, contract, Charter business.
4. Export and import directly under the provisions of the law.
5. Hiring the public utilities, the means of production, business and services in addition to the INDUSTRIAL PARK.
6. Within the time limit allowed manufacturing and trading enterprise, the INDUSTRIAL PARK has the right to transfer part of their capital in accordance with the provisions of the current law. The capital transfer is valid only after the Agency approved investment decisions or licensed investment capital transfer of medical standards.
Article 11. KCN enterprises are obliged to: 1. Compliance with laws, regulations, statutes, management decided to approve investment or investment license, certificate of business registration.
2. registration with the industrial zone management Board granted the province: the number, the volume of exports and consumption in the domestic market (for business INDUSTRIAL ZONES); the number of scrap, scrap longer commercial value from processing and exporting enterprises to sell into the domestic market and of the goods from the domestic market was bought into export processing enterprises (for processing and exporting enterprises). For business high-tech zones, in addition to the registration of the above mentioned content depending on the type of business, have to register the transfer of high technology.
3. Make the financial obligations for the State.
4. open foreign currency account and the same account at Bank of Vietnam are allowed to operate in Vietnam.
Open accounts in foreign banks to receive the loan if the lender requires foreign loan accounts opened in foreign banks and the State Bank of Vietnam was approved.
5. implementation of the accounting regime, statistics, insurance under the provisions of the law.
6. In compliance with the rules on security, order, ensure occupational safety, industrial hygiene, environmental protection, environment and prevention of fires.
7. Perform periodic and annual reports about the management of province-level industrial zone.
 
CHAPTER III BUSINESS and CONSTRUCTION of INFRASTRUCTURE WORKS IZ article 12. The Government encourages, creates favorable conditions for Vietnam business in the economic sectors to foreign investors, in the form of joint venture with Vietnam enterprise investments, business and construction of infrastructure works INDUSTRIAL PARK (hereinafter the INDUSTRIAL ZONE infrastructure development company) was established and operates under the provisions of the law. Depending on the scale and nature, an IPS can have one or more INDUSTRIAL ZONES and infrastructure development company.
Article 13. After having decided to approve investment or investment licenses of authority, provincial people's committees to consider, decide each case specifically enabling the company is INDUSTRIAL ZONE infrastructure development business in Vietnam the economic component (does not apply to the case of Vietnam business join business venture was established under the law on foreign investment in Vietnam) are slow leasing land in certain period of time (depending on the scale of the project, the area of operation, the financial ability of the enterprise), the form for the business to be getting land lease debt capital in the State budget.
On that basis, the provincial people's Committee to review the decision having slow leasing land to INDUSTRIAL enterprises in Vietnam business is the economic component (does not apply to the case of Vietnam business join business venture was established under the law on foreign investment in Vietnam) based deals on slow time leasing land between IPS business infrastructure development companies and INDUSTRIAL ZONES, but not exceed the maximum time that the INDUSTRIAL ZONE infrastructure development corporation is the provincial people's Committee allows for slow leasing the land.
The company's INDUSTRIAL ZONE infrastructure development business in Vietnam the economic component (not applicable for Vietnam business case involved the company's INDUSTRIAL ZONE infrastructure development business venture was established under the law on foreign investment in Vietnam is the State's preferential loans; mobilization of resources specified by law to invest in construction of the INDUSTRIAL ZONE infrastructure.
Article 14.
1. INDUSTRIAL ZONE infrastructure development company has the right to: a. mobilizing investment in INDUSTRIAL ZONES on the basis of a detailed development plan.
b. for the enterprises referred to in article 6 of this regulation leased land associated with public works infrastructures have been built under the provisions of Decree 11/CP dated 24 January 1995 from the Government detailing the implementation of the Ordinance on the rights and obligations of the Organizer foreign individuals, leasing land in Vietnam and Decree No. 87/CP dated 17 December 1996 from the Government detailing the implementation of the Ordinance on the rights and obligations of the Prosecutor in the country are State land, land rental. Main facility are provincial people's Committee authorized granting registration for leased land with simple administrative procedures on the basis of the lease signed between the Land Development Corporation INDUSTRIAL PARKS and corporate infrastructure INDUSTRIAL ZONES.
c. For sale or rental to INDUSTRIAL enterprises by factory infrastructure INDUSTRIAL ZONE development company building in the INDUSTRIAL PARK.
d. business services in INDUSTRIAL ZONES in accordance with the approved investment decisions or the investment license, certificate of business registration, company charters preferred a fixed price for the land was leased to build infrastructures, price for rent or sale of factory and service fees with the agreement of the Management Board of the provincial industrial park 2. The INDUSTRIAL ZONE infrastructure development company is obliged to: a. Establish and the overall scheme of development of infrastructure works in the INDUSTRIAL ZONES and outlined the development needs of infrastructure works in addition to INDUSTRIAL ZONES in relation to the State Management Agency based development planning and delivery responsibility.
b. the construction of infrastructure works in accordance with the planning, design and progress. If for unforeseen reasons and there is good reason that the company does not plan to complete the construction according to schedule, at least thirty (30) days before the expiration of regulations, companies must permit the competent authority to renew construction. If the time limit, the company does not permit renewal or because the wrong land use purposes should not be allowed to renew the unused portions will be competent State agencies consider decisive measures, sanctions, if it will apply withdrawal form.
c. maintenance, maintenance of infrastructure works in the INDUSTRIAL ZONE during the operation of the company.
d. ensure the industrial hygiene, environmental protection, environment.
Sync performs periodic report mode and for the management of province-level industrial zone.

Article 15. In the case of the construction of the factory but to land use, distribution to INDUSTRIAL businesses still allowed to rent a whole part of the land required, but must be planned divergence using land was rented within a maximum of two (2) years. KCN enterprises must submit plans divergence using land was leased on the company INDUSTRIAL ZONE infrastructure development (land leased), Department of Geography and management of provincial INDUSTRIAL ZONE. If for reasons of force majeure or reasons which did not complete the land use plan has committed at least thirty (30) days before the end of the prescribed time limit, the INDUSTRIAL ZONE business must apply for renewal of the right to use the land. If the prescribed time limit, the enterprise does not permit renewal or because the wrong land use purposes should not be allowed to extend the leased land not in use will be the State Agency has the authority to review the decision of the sanctions measures, if it will apply withdrawal form.
 
CHAPTER IV LABOUR RELATIONS in ENTERPRISES in INDUSTRIAL ZONES in article 16. Labor relations in enterprises in the INDUSTRIAL PARK is governed under the provisions of the labor law on Jun. 23, Vietnam in 1994 and the other legal texts concerned.
Article 17. Depending upon the specific conditions of the industrial zone management board provincial, provincial people's Committee decided to set up employment service center in the industrial zone management Board granted the province to fulfill the function of the employment service centre specified in Decree 72/CP dated 31 October 1995 from the Government detailing and guiding the implementation of a number of articles of the labour code of employment.
Article 18. The recruitment of labor on work in the business INDUSTRIAL ZONES as defined in Decree 72/CP mentioned above and the relevant guidance documents.
 
Chapter V FINANCIAL MANAGEMENT and FOREX article 19. Tax obligations of enterprises INDUSTRIAL ZONES 1. Vietnam business in the economic sectors to invest in INDUSTRIAL ZONES and INDUSTRIAL PARKS infrastructure development company business in Vietnam is the economic component of service tax to the level of incentives under the current rules.
2. enterprises, foreign-invested INDUSTRIAL ZONE, foreign parties involved in business cooperation contracts and infrastructure development company in the INDUSTRIAL PARK's business venture was established under the law on foreign investment in Vietnam made pay tax as follows: a. income tax rate (tax this tax is applied throughout the duration of the project) : for high-tech industrial enterprises, high-tech services business in the high-technology zone: 10% of the profits and tax exemption for 8 years since starting business profitable.
For export processing business: 10% of the profits and tax exemption for 4 years since starting the business profitable for producers;
15% of the profits are tax exempt and 2 years from the start of profitable business for business services.
With regard to INDUSTRIAL Enterprise: 15% of the profits for enterprises have export activities under 50% of their products and are exempt from income taxes 2 years since starting the business profitable; Export cases from 50% to 80% of its products shall be reduced by 50% more income taxes in the next 2 years; 10% of the profits are for business have export activities on 80% of their products and are exempt from income taxes for 2 years and 50% in the next 2 years since starting the business profits of 20% of the profits are for business services and tax exempt 1 year since starting the business profitable.
With regard to INDUSTRIAL infrastructure development company: 10% of the profits and tax exemption for 4 years since starting the business profitable and 50% in the next four years.
The export tax rate adjustment as well as tax exemptions have been prescribed in the investment license is made according to the provisions of article 58, Decree 12/CP dated 18 February 1997 from the Government detailing the implementation of the law on foreign investment in Vietnam. The use of the profit is split to reinvest and tax refunds already paid of profit reinvestment is made according to the provisions of article 59 of the Decree 18/CP dated 12 February 1997 by the Government.
b. when the transfer of profits abroad, the business tax filing INDUSTRIAL ZONE is 5% of profits transferred abroad.
c. submission of other taxes and fees according to the current regulations at the time of the filing of the annual tax.
Article 20. Vietnam commercial bank, a joint venture between Bank of Vietnam with foreign countries, foreign bank branches in Vietnam have the right to operate in the INDUSTRIAL ZONE when the consent of the Governor of the State Bank of Vietnam and the industrial zone management Board.
The Foreign Exchange Management in INDUSTRIAL ZONES follow the Government's rules and according to the provisions of Chapter VII of this regulation.
 
CHAPTER VI ORGANIZATION of the INDUSTRIAL ZONE MANAGEMENT article 21. Content management for INDUSTRIAL ZONES include: 1. strategic planning, construction, planning and the development of the INDUSTRIAL PARK;
2. The promulgation of the legal text of the INDUSTRIAL ZONE operations;
3. Regulations and guide the establishment, construction, development and management activities of the INDUSTRIAL PARK;
4. level, adjust and recover the license type and perform the administrative procedures related to the State;
5. Organizational, training and fostering;
6. test, inspection, monitoring the operation of the INDUSTRIAL PARK and the false address issues that arise.
Article 22. Ministries, ministerial agencies, government agencies (collectively referred to as the Government) made nhệm service management for INDUSTRIAL ZONES and industrial zones management provincial in scope of functions, duties and powers under current rules and authorize the Board of provincial industrial management made a number of State management tasks for the INDUSTRIAL PARK.
Article 23. State management responsibility for INDUSTRIAL ZONES: 1. Ministry of planning and investment: coordinated with the Ministry of industry, Ministry of construction, the Management Board of the Vietnam industrial park master plan construction develop INDUSTRIAL ZONES within the country consistent with the strategy for socio-economic development in each period to the Government for approval.
Synthesis and process of Government INDUSTRIAL PARK development plan annually and 5 years. Secure elements to make the huge balance in the annual State plan about the solutions outlined in paragraph 2 and 3 article 4 of this regulation.
The Government issued legal documents related to the mechanisms, the policy on the management of the economy, encourage domestic and foreign investment to promote the development of the INDUSTRIAL PARK.
Levels, adjust, revoked the license of authority.
Authorization for the Board of management of provincial-level industrial zones, regulate, recover the investment license for foreign investment projects, investment in INDUSTRIAL ZONES on the basis of the proposal of the provincial people's Committee (for the management of INDUSTRIAL ZONES in the province by the local INDUSTRIAL ZONE Management Board contact the recommended and management of high-tech zone by the Ministry of Science, technology and the environment proposed) and be the Prime Minister.
Organizing A group project evaluation by the authority to the Prime Minister to review the decision of approval to invest in the INDUSTRIAL PARK.
Enacted the Charter organization INDUSTRIAL ZONE management model checking, inspection, assessment of social-economic efficiency the implementation of investment projects in INDUSTRIAL ZONES under the control of the investment license.

The layout plan of the basic construction investment for the management of provincial industrial zone located in the annual plan of the provincial people's Committee; the case of the INDUSTRIAL ZONE located in the Union, the provincial people's Committee in the place of management of local industrial Union of the province headquartered; as for the high-tech zones, the Ministry of science-technology and the environment.
2. Ministry of industry: together with the Ministry of planning and investment, the construction of the INDUSTRIAL PARK development master plan submission to the Government for approval.
Hosted, in cooperation with the Management Board of the Vietnam industrial zone stretching towards determining the list of industries to be encouraged, restricted or prohibited industries invest in each industrial parks, export processing zones.
License the exploitation of resources, the production license of industrial explosives and other license types under the authority of the Ministry in accordance with the law.
Participate in the evaluation of investment projects in INDUSTRIAL ZONES relating to the industry due to The charge prescribed by the Government.
Governing the quality of industrial products and industrial safety Ministry's jurisdiction under the provisions of the law.
Specialized testing, evaluation of socio-economic efficiency of investment projects in the field of management of the industry.
Directs the specialized economic organizations by the Ministry in charge of industry participants develop the INDUSTRIAL PARK.
3. Ministry of construction: building the INDUSTRIAL PARK development master plan.
Detailed planning approval industrial zones in the province, the city directly unless the Prime Minister decides otherwise.
Participate in the evaluation of investment projects in INDUSTRIAL ZONES according to the regulations of the Government.
Design Engineering Group A project, and guide the provincial people's Committee (Department of construction or the Chief Architect of the city) design engineering in the project group B (foreign investment), the project groups B and C (domestic investment). After the design is approved, then the investors be construction without a building permit.
Directs the specialized economic organizations by the Ministry in charge of the INDUSTRIAL PARK developer.
Issued charters to INDUSTRIAL construction management model to which the management of provincial industrial implementation.
4. The Ministry of science, technology and environment: implementation of State management functions on Science, technology and the environment for the General INDUSTRIAL ZONE within the functions, duties and powers under current rules and direct State management for the establishment, construction and high technology development zones.
Hosted, in cooperation with related government agencies to build the mechanisms, the policy of promoting high-tech zones. Guide the selection of industrial trades and priority technology investment in high-technology areas consistent with the development strategy of science and technology in each period.
Proposed personnel took charge as Chief, the Deputy Head of the Committee, the Commissioners of the high-tech Zone Management Committee to review Government Prime Minister, appointed. The decision to help the work of the high-tech Zone Management Committee on the basis of the proposal of the head of the high-tech zone management committee under the rules and general guidelines of the Organization-Government officials.
Recommend the Ministry of planning and investment process the Prime Minister decides the Ministry of planning and investment for high-tech zone management committee level, tuning and phếp paper recovery investment for foreign investment projects into high technology and the Department of Commerce proposed authorization for high-tech zone management plan review for import and export the enterprise zone.
5. Ministry of Commerce decided the authorisation for the Board of management of the provincial industrial import-export plan review for enterprise IPS in the range of import goods to form enterprise, production-enterprise business and exported goods manufactured by enterprises according to business-production goals set forth in the investment license or the approval decision investment. The authorization of the Ministry of Commerce on the basis of the proposal of the provincial people's Committee (for the management of local industrial zones by the Federal management of local industrial Union of the proposal and for the high-tech zone management committee by the Ministry of science , Technology and the environment suggest) for the management of provincial industrial zone has been granted authorization to invest in the INDUSTRIAL PARK.
6. The organizers-Government officials: suggestions or comments about appraisal personnel undertake Major Provincial INDUSTRIAL ZONE Management Board, the Deputy Head of the Committee, the Management Committee of high industrial park to the prime consideration and appointment.
Proposed personnel took charge as Chief, the Deputy Head of the Committee, the Committee of management of local industrial Union of the province to the prime consideration and appointment.
Hosted, in cooperation with the Management Board of the Vietnam industrial zone issued regulation on the salary mode of servants; Organization, training and fostering; the procedure of appointing leading cadres; review the annual payroll of the industrial zone management Board.
7. the Management Board of the Vietnam industrial zone: management of Vietnam industrial park under the direction of the Prime Minister to help the Prime Minister directs the preparation, construction, development and management of the INDUSTRIAL ZONE was planned and approved.
General clue is the Prime address the proposal of the Government, the provincial people's Committee, the industrial zone management Board provincial and communicated the opinion of the Prime Minister to government agencies, provincial people's Committee, the provincial industrial zone management on issues of INDUSTRIAL ZONES and related IPS.
Is the Prime mandate the timely solving new problems arising with respect to the work related to the INDUSTRIAL PARK and responsible to the Prime Minister on that issue.
In collaboration with government agencies, provincial people's Committee in the formulation of legal documents, policies, planning, planning related to the establishment, construction, development and management, the project invests in addition to related INDUSTRIAL ZONE.
In collaboration with the Ministry of industry guidelines defining the list of industries to be encouraged, restricted or prohibited industries invest in industrial parks, export processing zones.
In collaboration with the Organization-Government officers guide the implementation of the Organization-the officers of the Board of management of industrial region.
In collaboration with the management of province-level industrial zone in building human resource development plan for industrial zones, organizing training managers of the IPS.
Join the evaluation planning, investment projects in INDUSTRIAL ZONES.
Comments on proposed personnel took the titles of the Management Board of the provincial industrial zone as defined in article 28 of this regulation.
Preliminary organization, summarizing and reporting the Prime periodically, the construction, development and management.
Article 24. Issuing the guidance documents detailing the implementation of this regulation must comply with the provisions of the law on issuing legal documents on November 12, 1996 and the legal texts instructions detailing the implementation of this law.
The Government has the responsibility to provide legal documents issued by themselves for the industrial zone management board, provincial government offices provide legal documents of the Government, the Prime Minister related to the INDUSTRIAL PARK for the industrial zone management board.

Article 25. Specialized agencies, trade finance, customs, public security and other necessary subjects put authorized representative Agency addressed directly the work at each step by clusters or INDUSTRIAL ZONE INDUSTRIAL PARK. The Agency due to the specialized agency level on established, regulated the operations, direction and guidance. Staffing and funding for the operation of the Agency due to the specialized agency level on the decision and the layout.
Article 26. The provincial people's Committee has the task of INDUSTRIAL ZONES and where there is authority to: 1. Implement state management functions for industrial zones, industrial zones management on provincial territory. Responsible to manage and solve bottlenecks in the authority for industrial zones on the area. With regard to the problem of excess of jurisdiction shall coordinate with government agencies to solve.
2. Join the construction of the INDUSTRIAL PARK development master plan; steer projects to establish INDUSTRIAL ZONES and INDUSTRIAL ZONES detail planning.
3. Monitoring, inspection planning, legal construction process, the regulations on labor, environment, environmental security, order in the INDUSTRIAL PARK.
4. Host plans and holding ground clearance, resettlement of people in the area need clearance; the allocation of land to INDUSTRIAL ZONES and land for the construction of infrastructure works in addition to the INDUSTRIAL PARK to serve for the development of INDUSTRIAL ZONES.
5. License the establishment of enterprises in Vietnam authorized under current rules.
6. Recommend the Ministry of planning and investment process the Prime Minister decides the Ministry of planning and investment authorisation for the Board of management of provincial-level industrial zone, adjust and recover the investment license for foreign investment projects, investment in the INDUSTRIAL PARK; Department of Commerce suggested the decision to authorize the industrial zone management Board granted the export plan review for IPS.
7. Approval of the Charter by the INDUSTRIAL ZONE Management Board manage the provincial industrial process under the Charter model by the Ministry of planning and investment issued, instructions of the Ministry of industry on the list of industries to invest in industrial parks, export processing zones, the instructions of the Ministry of planning and investment and the Ministry of trade on the market.
8. the proposed staffing of the Chief took charge of the management of the provincial industrial park to the prime consideration, appointment; the decision of the Deputy head, the Commissioners and the Management Board's provincial industrial zone under the rules and general guidelines of the Organization-Government officials.
9. Host evaluation engineering design project group B (foreign investment), Group B and C (domestic investment).
10. Provide the text issued by themselves and the materials, information concerning the INDUSTRIAL ZONES for industrial management.
Article 27. The industrial zone management board is the provincial agency that directly manage the IPS has the duty and authority: 1. the construction of the INDUSTRIAL ZONE management rules on the basis of the model regulations by the Ministry of planning and investment issued the provincial people's Committee for approval. The case of the Charter of local INDUSTRIAL ZONE management contact the the Ministry of planning and investment approval. For Charter-tech zone management by the Ministry of science, technology and the environment for approval.
2. organizations build and manage the implementation of detailed planning, construction progress, developing INDUSTRIAL ZONES include: development of infrastructure works; layout planning profession; participate in the development of infrastructure-related and INDUSTRIAL PARK outside the neighborhoods cater to workers in INDUSTRIAL ZONES.
3. Urge, check out the construction of infrastructure works in and out of IPS related to ensure the construction and put into operation according to the synchronization of the planning and progress.
4. Support the mobilization of investments into the INDUSTRIAL PARK.
5. Receiving a petition attached investment projects, organization of evaluation and license investment for foreign investment projects under the authorization.
6. test, inspection of the implementation of the investment license, contract processing, contract service providers, business contracts, economic disputes at the request of the litigants.
7. In cooperation with the State administration of labour inspection, the inspection provisions of the law on labor contracts, collective labor agreement, labor safety, salary.
8. operational management of services in the INDUSTRIAL PARK.
9. The agreement with the INDUSTRIAL ZONE infrastructure development company in the valuation of land lease back associated with infrastructure works were built, the type of service fees in accordance with the existing laws and policies.
10. level, tuning and recall the type of certificates under the authority or with the authorization; levels, adjust and recover the license type as authoritative.
11. the representative was invited to attend the meetings of the Government and the provincial people's Committee when the tables on the formation, construction, development and management of INDUSTRIAL PARKS.
12. periodic and annual reports under the provisions of the law on the State of formation, construction, development and management of provincial people's committees, the Management Committee of the Vietnam industrial zone, the relevant government agency.
Article 28. Management of provincial industrial zone are: head of Department, a number of Deputy Head of the Committee, a number of Commissioners; have the apparatus; used stamps have your coat.
The industrial zone management Board Chief Provincial Government appointed by the Prime Minister on the advice of the provincial people's Committee and the Minister's assessment opinions, head of the Organizing Committee – Government officials and the opinion of the Management Board of the Vietnam industrial zone.
Head of Department, the Deputy Head of the Committee, the Management Committee of high technology by the Prime Minister appointed under the recommendation of the Minister of science, technology and the environment and the Minister's assessment opinions, head of the Organization-Government officials and the opinion of the Management Board of the Vietnam industrial zone.
Head of Department, the Deputy Head of the Committee and the Management Committee on joint industrial zone the Government appointed by the Prime Minister on the advice of Ministers, head of the Organizing Committee – Government officials and Chairman of the Management Board of the Vietnam industrial zone.
The help of the management of local industrial Union of the province due to the head of the Board of management of local industrial Union of the decision according to the General instructions of the organizers-Government officials.
Article 29. Management of provincial industrial zone is the State budget estimation. The revenues of local budgets IZ must submit to the State budget. The expenses for the operation of the industrial zone management Board granted the province due to the State budget.
Article 30. The industrial zone management Board granted the responsibility to coordinate with the relevant authorities in the construction, and the management bodies of State authority on INDUSTRIAL PARK development plan on the issues specified in paragraph 2 and 3 article 4 of this regulation. After the plan is approved, the competent authority together with the allocation target.
Article 31. The industrial zone management Board granted the management of many IPS have their representation in each of the INDUSTRIAL PARK.
Article 32.
1. The evaluation and licensing of investment projects for Foreign Investment Management Committee's province-level industrial zone when the Ministry of planning and investment authorized by decision of the Prime Minister, as follows: the content project appraisal under the provisions of article 12 of the Decree 92/CP dated 18 February 1997 from the Government.
Within 15 days from the date of the project, the provincial industrial management completed the project appraisal and licenses investment.
Within 7 days after the expiry of the above without investment license, management of provincial industrial announced in writing to investors stating reasons, the mailed relevant agencies.

The time limit on time regardless of the investors at the request of the Management Board of the provincial industrial modification, additional application for licensing investment.
All requirements of the Board of management of the provincial industry zone for investors about the amendments, additional projects are made within 7 days from the date of the project. After 7 days from the date of the industrial zone management Board granted the request, if the investor does not reply in writing to the investment application form accompanied by the investment project profile No.
2. The investment license granted to investors, investment project profile form of unity by the Ministry of planning and investment regulations and issued.
3. within 7 days from the date the investment license, management of provincial industrial zone sent the investment license granted on the provincial people's Committee, the Ministry of planning and investment (original) and the Ministry of finance, Ministry of Commerce, Ministry of industry, the Management Board of the Vietnam industrial zone management and state management agencies concerned (copy).
Article 33. National Authority decided to accept investments, investment licensing as well as process evaluation for investment projects in the country and the project group A foreign investor to invest in the INDUSTRIAL PARK is done according to the current rules.
 
CHAPTER VII SOME PROVISIONS SPECIFIC to EXPORT PROCESSING ZONES and EXPORT PROCESSING ENTERPRISES in Article 34. Export processing zones and export processing businesses are separated from territories outside the fenced wall system, gate and door.
Article 35. Only the investor, officer, employees, employees working in export processing zones and export processing businesses and people who have a relationship with the organs, organizations, enterprises in export processing zones and export processing business out on export processing zones and export processing businesses.
Article 36. Vietnam citizens and foreigners not domiciled in export processing zones and export processing businesses. In case of need to save in the export processing zones and export processing enterprises to solve the work must be allowed by the provincial industrial management.
Article 37. Work out, travel and other activities in export processing zones and export processing businesses by province-level industrial management regulations in the INDUSTRIAL ZONE management rules.
Article 38. Goods, luggage and Forex from foreign imports in the export processing zones or export processing enterprises (directly or through the gate of Vietnam) and from export processing zones or export processing enterprises exported abroad (directly or through the gate of Vietnam) are tax free export , import tax; subjected to checks, customs supervision according to the provisions of the law of Vietnam customs and customs fees (if any).
Article 39.
1. Goods of export export processing businesses abroad and imports from foreign countries on export processing zones or export processing enterprises must have certificates export porcelain goods of the competent agency, the customs procedures at the customs. The goods on the customs declarations must match the investment approval decision or investment license, certificate of business registration.
2. export goods shipped from the test location of the customs at export processing zones or export processing enterprises to the gate of Vietnam and imported goods, shipped from Vietnam to gate check locations of customs at the export processing zones or export processing business is done in the method-ten-bow tie (Container) moulded and Customs sealed package, there are Customs escorts.
Article 40. Exchange of goods between businesses in the internal market with export processing businesses are considered related to export, import and must comply with the provisions of the law of Vietnam import export. In this case, the buyer and the seller must perform the customs procedures in INDUSTRIAL ZONES under customs legislation of Vietnam and are exempt from the export plan review procedures, import.
Export processing businesses are buying raw materials, materials, goods from the domestic market to the export processing zones or export processing businesses; scrap, scrap trading value also of export processing zones or export processing business is consumed on the domestic market under the customs procedure is simple and convenient.
The sale of goods between businesses in the same export processing zones or export processing businesses between enterprises in the same industrial zone INDUSTRIAL PARK or high-tech zones must be allowed by the Board of management of the provincial industrial zone and be subject to the supervision of the Customs authorities.
Article 41 1. Luggage, Forex of foreigners working in the export processing zones or export processing enterprises (including investors and foreigners working in the export processing zones or export processing enterprises) bring into Vietnam when entry and brought abroad when the exit is made of customs procedures at the Customs gate of Vietnam.
2. Baggage, of foreign exchange from Vietnam domestic take on export processing zones or export processing businesses and from export processing zones or export processing enterprises take on Vietnam made domestic customs procedures at the INDUSTRIAL PARK.
Article 42. Export processing businesses are outsourcing contract and service agreement with Vietnam businesses in the economic sectors and enterprises of foreign investment under the provisions of the law.
43 things.
1. Customs procedures are publicly available, fast, convenient, the head of customs at the IPS is responsible for guiding export processing businesses make customs procedures.
2. Customs inspection activities are conducted in the presence of the owner of goods, baggage or the legal representative of the owner of goods, baggage.
3. The Heads of customs bodies in the INDUSTRIAL PARK has the right to require unscheduled inspections of goods in the warehouse of the enterprise when the export processing bases to have imported goods.
4. In case there are grounds for identification of the goods, Forex, money, Vietnam imported illegally or carrying on export processing zones or export processing businesses, from Major customs gate and over have the right to visit in accordance with Vietnam's customs laws.
Article 44. The goods transported between the export processing zones or export processing enterprises with export processing zones or export processing enterprises on the territory of Vietnam must follow the method-ten container (container), a container sealing package, there are customs Customs escorts and are tax free export and import tax.
Article 45. Foreigners active in the export processing zones or export processing enterprises to bring Vietnam into the Forex to make customs procedures at the Customs gate upon entry; when exiting, be brought offshore Forex number not yet used.
Article 46. Bringing Forex from the hinterland to the export processing zones or export processing businesses and from export processing zones or export processing businesses into compliance with domestic rules Vietnam's foreign exchange management.
Article 47. The purchase, payment, transfer and other trading relations between the export processing businesses with each other made in the currency freely convertible through bank accounts and bookkeeping are credited in the currency freely convertible.
The sales of the goods to the daily lives of the employees of export processing business is done by Vietnam coins.
Article 48. Export processing enterprises when exporting goods or services currency exchange to send foreign currency earnings into an account opened at the Bank. The expenditures of the business are through the account mentioned above.

Article 49. The violations of the provisions of this chapter, depending on the nature and extent of the violation, be considered to violate the customs, inspection regimes, customs supervision, or acts of smuggling or illegal transportation of commodities, Forex, money Vietnam across the border and dealt with according to the law of Vietnam customs.
 
CHAPTER VIII SOME PROVISIONS SPECIFIC to HIGH-TECH ZONE article 50. The goal of the high-tech zone's high-tech industry development, attracting foreign technology, acquire and transfer of high technology and high-tech capacity in the country.
The Government body responsible for priority in the investment plan layout, funding, mobilization of investment aimed at mobilizing all sources of capital: capital budget, foreign funding, venture capital, loan capital of the domestic and foreign investors to build and develop the high-tech zones according to overall planning. Government agencies, where the provincial people's Committee is planning on building and high-tech development zones create favorable conditions, simple administrative procedures, apply preferential policies to the highest level has been regulated by the current legislation to the domestic and foreign investors , scientific research institutions and high-tech development, the active service of high technology investments in high-tech areas.
Article 51. The Government encouraged settlement of Vietnam people abroad including the Vietnam nationals or people of other nationalities have Vietnam, economic organizations abroad was established with capital of Vietnam who settled in foreign investment in the construction and development of high technology in Vietnam. These objects when investing in high-tech zone will enjoy preferential treatment under the provisions of article 44 of law on foreign investment in Vietnam and as a rule by the Government on the measures taken to encourage the settlement of Vietnam in foreign investments on water.
Article 52. The Government shall encourage and create favorable conditions for scientists, specialists, hi-tech businesses abroad to work and invest in the construction, the development of high technology in Vietnam.
Article 53. In addition to the high-tech industrial businesses (including export processing businesses) in the types of business as prescribed in article 6 of this regulation, in the high-tech zone also established: the research and development unit, science-technology, specialized training institutions and related service organizations.
Article 54. The research and development unit, training and science-technology service in the high-tech zones enjoy the incentives under the current rules on the operation of science-technology.
 
CHAPTER IX CONFLICT, breach of article 55. The criminal cases occurred in the INDUSTRIAL PARK in the jurisdiction of the civil courts under the provisions of the law.
The civil disputes, economic that one side is business IPS are resolved according to the rules of law, unless otherwise specified.
Article 56. Investors in the country and abroad, business INDUSTRIAL PARK, INDUSTRIAL ZONE infrastructure development companies, organizations, individuals, employees, State authorities in violation of the provisions of this Regulation shall subject the degree of violation will be handled in accordance with the law.
Article 57. Investors in the country and abroad, business INDUSTRIAL PARK, INDUSTRIAL ZONE infrastructure development company, organization or individual is entitled to complain, to sue for the decisions and acts contrary to this regulation, difficult, troublesome, officials of the State bodies.
Complaints, claims and the resolution of complaints, claims made under the provisions of the law.
 
CHAPTER X TERMS Enacted 58. The other regulations related to the operation of the INDUSTRIAL PARK business not specified in this regulation to be made under the terms of the law on foreign investment in Vietnam, domestic investment encouragement Law, law on State enterprises, cooperative Law, Company Law, law of private enterprises , Land Law and other legal documents.
Article 59. This regulation takes effect after 15 days from the date of signing. The INDUSTRIAL PARK was established before the effective date of this regulation must still implement the provisions in this regulation, except where the Board of management of the provincial industrial park proposal and be the Prime Minister approved the continued implementation according to the export processing zone regulations (Decree No. 322, dated 18 October 1991 of the Council of Ministers is now the Government) and zone regulation industry (Decree 192/CP dated 28 December 1994 from the Government), within a maximum of 1 (one) year from the date of this regulation./.