On April 10, 2024, the Ministry of Industry and Trade issued Decision No. 821/QD-BCT announcing new administrative procedures in the field of industrial clusters under the management of the Ministry of Industry and Trade. Accordingly, to establish/expand industrial clusters, the following steps need to be taken:
1. Implementation sequence
Step 1: Enterprises, cooperatives, organizations submit applications for the establishment/expansion of industrial clusters (including a request to be the investor for the construction of technical infrastructure of the industrial cluster) to the District People’s Committee:
Within 05 working days from the date of receiving the first document from the enterprise, cooperative, organization requesting to be the investor for the construction of technical infrastructure of the industrial cluster, the District People’s Committee is responsible for widely announcing the receipt of applications for the establishment/expansion of industrial clusters on the local mass media. The deadline for receiving applications is within 15 days from the date of the announcement.
Step 2: Within 05 working days from the end of receiving applications for the establishment/expansion of industrial clusters, the District People’s Committee presides over and coordinates with the enterprise, cooperative, organization requesting to be the investor for the construction of technical infrastructure of the industrial cluster to prepare 02 sets of applications for the establishment/expansion of industrial clusters as prescribed in Clause 1, Article 9 of Decree No. 32/2024/ND-CP dated March 15, 2024 of the Government on the management and development of industrial clusters, along with an electronic file of the application, sent to the Department of Industry and Trade to preside over and coordinate with related departments and agencies to organize the appraisal.
Step 3: Within 25 days from the date of receiving a complete application for the establishment/expansion of an industrial cluster, the Department of Industry and Trade completes the appraisal, synthesizes the report to the Provincial People’s Committee on the establishment/expansion of the industrial cluster. In case the application, the content of the Report on the establishment/expansion of the industrial cluster does not meet the requirements, the Department of Industry and Trade has a document sent to the District People’s Committee to supplement and complete the application. The time for supplementing and completing the application is not counted into the appraisal time.
The selection of the investor for the construction of technical infrastructure of the industrial cluster is a content of the appraisal for the establishment/expansion of the industrial cluster; is implemented during the establishment/expansion of the industrial cluster. For industrial clusters with enterprises, cooperatives, organizations having applications for the establishment/expansion of industrial clusters meeting the regulations in Decree No. 32/2024/ND-CP, the selection of the investor for the construction of technical infrastructure of the industrial cluster is implemented as follows:
The Provincial People’s Committee establishes the Council for Evaluation and Selection of the Investor for the Construction of Technical Infrastructure of the Industrial Cluster (including the Chairman of the Council is the leader of the Provincial People’s Committee, the Vice Chairman of the Council is the leader of the Department of Industry and Trade, Department of Planning and Investment, other members are representatives of some departments, related agencies; the Secretary of the Council is a representative of the professional department of the Department of Industry and Trade and is not a member of the Council) to score with a 100-point scale for the criteria: investment plan for the construction of technical infrastructure (maximum 15 points); management plan, environmental protection of the industrial cluster (maximum 15 points); capacity, experience of the enterprise, cooperative (maximum 30 points) and financial plan for investment in the construction of technical infrastructure (maximum 40 points). Based on the actual conditions of the locality and the regulations of relevant laws, the Council unanimously agrees on the principles, working methods, the contents of each criterion and the corresponding maximum score accordingly.
Enterprises, cooperatives, organizations with scores from 50 and above are considered and decided by the Provincial People’s Committee to assign as the investor for the construction of technical infrastructure of the industrial cluster in the Decision on the establishment/expansion of the industrial cluster (in case there are from 02 enterprises, cooperatives, organizations and above proposing to be the investor for the construction of technical infrastructure of the industrial cluster, assign the enterprise, cooperative, organization with the highest score; if there are from two enterprises, cooperatives, organizations with the highest equal score, assign the enterprise, cooperative, organization according to the proposal of the Chairman of the Council for Evaluation and Selection of the Investor).
The Provincial People's Committee regulates the notification to businesses, cooperatives and organizations requesting to be investors in the construction of industrial cluster technical infrastructure of the results of investor selection.
The Provincial People's Committee regulates the notification to businesses, cooperatives and organizations requesting to be investors in the construction of industrial cluster technical infrastructure of the results of investor selection.
Step 4: Within 07 working days from the date of receiving 01 set of dossier for establishment/expansion of industrial cluster together with appraisal report from the Department of Industry and Trade, the Provincial People's Committee shall consider and decide on the establishment Establishing/expanding industrial clusters (including assigning investors to build industrial cluster technical infrastructure). The decision to establish/expand an industrial cluster is sent to the Ministry of Industry and Trade in 01 copy.
2. Method of implementation:
Submit the application via postal service or directly
3. Components and quantity of the application:
- The application for the establishment/expansion of the industrial cluster (implemented by enterprises, cooperatives, organizations) includes:
(i) A document from the enterprise, cooperative, organization requesting to be the investor for the construction of technical infrastructure of the industrial cluster (including a commitment not to violate the provisions of the law and to bear all costs and risks if not approved) accompanied by the Investment Report for the establishment/expansion of the industrial cluster and a map determining the location and boundaries of the industrial cluster;
(ii) A valid copy of the legal status document of the enterprise, cooperative, organization requesting to be the investor for the construction of technical infrastructure of the industrial cluster;
(iii) A valid copy of the financial capacity document of the enterprise, cooperative, organization requesting to be the investor for the construction of technical infrastructure, including at least one of the following documents: Financial report of the last 02 years; commitment of financial support from the parent company; commitment of financial support from a financial organization; financial capacity guarantee; other documents proving financial capacity (if any);
(iv) A valid copy of the experience document of the enterprise, cooperative, organization requesting to be the investor for the construction of technical infrastructure of the industrial cluster and other related documents and materials (if any).
- Quantity of application: 02 sets.
4. Resolution deadline:
57 days from the date of receiving a valid application (including: step 1 is implemented within 5 working days to announce the receipt of the application and 15 days to receive the application; step 2 is implemented within 5 working days; step 3 is implemented within 25 days; step 4 is implemented within 7 working days).
5. Subjects implementing administrative procedures:
Enterprises, cooperatives, organizations established and operating under the provisions of Vietnamese law carry out investment and business activities in technical infrastructure of industrial clusters.
6. Agency implementing administrative procedures:
• The competent decision-making agency: Provincial People’s Committee.
• The agency directly implementing administrative procedures: District People’s Committee, Department of Industry and Trade.
7. Results of implementing administrative procedures:
Decision on the establishment/expansion of the industrial cluster.
SB LAW will provide comprehensive support to Clients to carry out procedures to establish/expand industrial clusters. With a team of professional and experienced lawyers, SBLAW will help Clients understand the relevant legal regulations and guide the implementation of necessary procedures. SBLAW is committed to providing high-quality legal consulting services, helping Clients save time and effort in resolving issues. Client satisfaction is SBLAW’s top priority.
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