CONDITIONS FOR IMPLEMENTING INDUSTRIAL PARK INFRASTRUCTURE PROJECTS

The Government has just issued Decree 35/2022/ND-CP regulating the management of industrial parks and economic zones.

 One of the conditions for converting an industrial park to developing an urban-service area is that the industrial park is located in the inner city of a special-class urban area, a grade-I urban center directly under the central government, and a grade-I urban area. under the province.

The Decree includes 08 Chapters, 76 Articles, regulating general issues; invest in infrastructure, establish industrial parks and economic zones; policies on development of industrial zones and economic zones; some types of industrial parks and industrial - service - urban zones; the national information system on industrial parks and economic zones; State management of industrial parks and economic zones; functions, tasks, powers and organizational structure of the Management Board of industrial parks, export processing zones and economic zones; and terms of performance.

In particular, on infrastructure investment and industrial park construction, Decree 35/2022/ND-CP abolishes the procedure for establishing industrial zones in order to reduce administrative procedures for businesses. Accordingly, an industrial park is determined to have been established since the competent authority:

a) Decide the investment policy of industrial park infrastructure projects using public investment capital in accordance with the law on public investment;

b) Approving the investment policy, concurrently approving the investor, approving the investor or granting an investment registration certificate to execute the investment project on construction and business of infrastructure of the industrial park in accordance with regulations. investment law.

In addition, Decree 35/2022/ND-CP also completes the conditions for investment and business in industrial park infrastructure (occupation rate, industrial park size, investor's capacity and a some other conditions) on the basis of inheriting the provisions of Decree No. 82/2018/ND-CP and the provisions of Clauses 2 and 3, Article 7 of the Law on Investment in order to ensure conformity with the characteristics of the project. industrial park infrastructure project.

Conditions for investors to build and operate industrial park infrastructure

Decree 35/2022/ND-CP stipulates that investors implementing investment projects on construction and business of infrastructure of industrial parks must satisfy the following conditions:

1- Conditions for real estate business in accordance with the law on real estate business.

2- Conditions to be allocated land, leased land, change land use purpose by the State for the implementation of investment projects on construction and business of infrastructure of industrial zones according to the provisions of the law on land, forestry law and other relevant laws.

In case the investor implementing the investment project on construction and business of infrastructure of an industrial park is an economic organization that is expected to be established by the foreign investor in accordance with the provisions of the law on investment and the law on investment. Regarding enterprises, the economic organization to be established must be able to satisfy the conditions to be allocated or leased land by the State, or permitted to change the land use purpose according to the provisions of the law on land and legislation. forestry law and other relevant laws.

In case of choosing to apply investor selection bidding, the evaluation criteria for selecting investors to implement investment projects on construction and business of infrastructure of industrial parks include:

+ The criteria for evaluating the investor's capacity are built on the basis of the prescribed conditions.

+ The criteria for assessing investor's experience are established on the basis of the size of the area, the implementation progress, and the implementation situation of the investment project, construction and business of infrastructure of the industrial park, or other real estate projects in which the investor has implemented or contributed equity to implement the project; Owners, members, founding shareholders are organizations of investors that have implemented or contributed equity to implement the project.

+ Technical evaluation criteria are built on the basis of the decision approving the planning for construction of industrial zones, the decision approving the investment policy of investment projects on construction and business of infrastructure of the zone. industry of the competent authority and other relevant laws.

+ The financial-commercial evaluation criteria are built on the basis of the content of the decision approving the investment policy of the competent authority and other provisions of law related to the selection of investor. investment projects using land.

Conditions for converting industrial parks to developing urban-service zones

The Decree also stipulates the conditions for converting industrial parks to developing urban-service zones, including:

1- In accordance with the provincial planning, urban planning in the province, city directly under the Central Government.

2- The industrial park is located in the inner city of special grade urban centers, grade I urban centers directly under the central government, and grade I urban centers directly under the province.

3- The operating period from the date the industrial park is established to the time of consideration for conversion is at least 15 years or one-half (1/2) of the operating term of the industrial park.

4- Having the consent of the investor implementing the investment project to build and trade in infrastructure of the industrial park and industrial park.up to two thirds (2/3) of the number of enterprises in the industrial park in the area to be converted, except for the following cases: an investment project has expired its operation term as prescribed by the investment law; the investment project is not eligible for land sublease extension in accordance with the law on land and civil law; Investment projects causing serious environmental pollution are subject to forced relocation according to the provisions of the law on environmental protection.

5- Having economic, social and environmental efficiency.

The transformation of an industrial park into an urban-service zone development shall be carried out for part or the entire area of ​​the industrial park.

After the Prime Minister decides to convert all or part of the area of ​​the industrial park to the development of an urban-service zone, the investor of the infrastructure project of the industrial park or the investor shall carry out the investment project. Investors in construction and business of infrastructure of industrial zones shall carry out the order and procedures for project adjustment in accordance with the law on public investment, the law on investment and other relevant laws. The selection of investors to implement urban-service projects must comply with the provisions of the law on investment, the law on bidding, the law on land, the law on housing and the law on real estate business and other relevant laws.