The Government promulgated Decree No. 35/2022/ND-CP dated 28 May 2022 on the management of industrial parks (IPs) and economic zones (EZs).
Accordingly, the Decree provides for orientations for the development and plans for the development of industrial park and economic zone systems; infrastructure investment; establishment and operation; development policies; and state management of industrial parks and economic zones. It applies to competent state authorities, organisations and individuals involved in investment, production and business activities in industrial parks and economic zones.
In addition, Decree No. 35/2022/ND-CP further refines the conditions for investment in industrial park infrastructure development, taking into account conformity with planning, the industrial park occupancy rate, scale, location and type of industrial park, the investor’s capacity, the pace of investment attraction, and the ability to satisfy the conditions for conversion of land-use purposes in accordance with the law on land, the law on forestry, and other relevant legal provisions.
In particular, Decree No. 35/2022/ND-CP provides detailed regulations on several industrial park development models, most notably eco-industrial parks, including policies to encourage and provide incentives for the development of eco-industrial parks, as well as procedures for their establishment and certification. These provisions contribute to strengthening confidence and creating incentives for industrial park infrastructure investors and enterprises operating in industrial parks to move towards the development of eco-industrial parks, while promoting industrial symbiosis and cleaner production.
Policies to encourage the development of supporting-industry, specialised and high-tech industrial parks are provided:
– For investment projects for the construction and commercial operation of infrastructure of supporting-industry industrial parks, specialised industrial parks and high-tech industrial parks, including supporting-industry, specialised and high-tech industrial sub-zones: investors are entitled to exemption from or reduction of land rental payments in accordance with the law on land; priority access to State investment credit; permission to mobilise capital through lawful forms in accordance with the law on enterprises, the law on credit and other relevant legislation; and inclusion in the list of projects calling for investment.
– For investment projects producing supporting-industry products and investment projects eligible for investment incentives under the law on investment within supporting-industry, specialised and high-tech industrial parks: investors are entitled to corporate income tax, export tax and import tax incentives, as well as other forms of support in accordance with tax legislation, legislation on supporting-industry development, legislation on high technology and other relevant legislation. Where a project produces products included in the list of supporting-industry products prioritised for development under the legislation on supporting-industry development, the competent state authority shall provide support for the procedures for certification of eligibility for incentives within a maximum period of 30 days. Such projects shall also be given priority to participate in training and human resource development programmes, start-up support programmes, small and medium-sized enterprise support programmes and other programmes implemented by competent state authorities.
– Investment projects for the construction and commercial operation of infrastructure of supporting-industry, specialised and high-tech industrial parks, including supporting-industry, specialised and high-tech industrial sub-zones, must satisfy the following conditions: the investor implementing the project for the construction and commercial operation of industrial park infrastructure must register the investment sectors and activities to be attracted to each type of supporting-industry, specialised or high-tech industrial park; and the proportion of industrial land allocated to investment projects in the sectors and activities to be attracted to the industrial park shall be determined in accordance with the applicable regulations.
Policies to support and promote cooperation in the development of eco-industrial parks
Provincial-level People’s Committees shall promulgate policies for the development of eco-industrial parks, including:
– Supporting investment in the construction, upgrading, renovation and repair of technical and social infrastructure facilities both inside and outside the boundaries of existing industrial parks in order to establish connections, support enterprises within industrial parks in implementing industrial symbiosis, and facilitate their transformation into eco-industrial parks;
– Supporting investment in the construction of new eco-industrial parks and attracting investment into eco-industrial parks;
– Providing scientific and technical support and technology transfer to enable enterprises within industrial parks to improve management and operational processes and upgrade production technologies in order to reduce sources of pollution, reuse raw materials, materials, water, energy, waste and scrap, and improve resource efficiency.
Regarding cooperation in the development of eco-industrial parks, the Decree provides that:
Enterprises within industrial parks shall cooperate with one another in the shared use of technical and social infrastructure facilities, services, raw materials, materials and production inputs; and in the reuse of surplus raw materials, materials, water, energy, waste and scrap generated by themselves or other enterprises within the industrial park in order to reduce costs, improve operational efficiency and enhance competitiveness.
Enterprises within industrial parks may cooperate with third parties to implement industrial symbiosis. Third parties include investors implementing projects for the construction and commercial operation of industrial park infrastructure and other enterprises through the provision of infrastructure facilities or supporting services for the establishment and implementation of industrial symbiosis.
The participating parties shall agree among themselves on the form of cooperation and the sharing of benefits and costs in accordance with civil law.
The Management Board of Industrial Parks and Economic Zones shall assign a public non-business unit under the Management Board, or another appropriate entity, to perform functions related to the development and provision of information and databases on resource efficiency and cleaner production; propose solutions and connect enterprises to implement industrial symbiosis; and provide support services for the transformation of existing industrial parks or investment in new eco-industrial parks.
Agencies, organisations and investors are encouraged to develop and provide information and databases on resource efficiency and cleaner production within industrial parks in order to support and connect enterprises in implementing industrial symbiosis activities.
The Management Board of Industrial Parks and Economic Zones shall take the lead and coordinate with relevant agencies in developing and providing information and databases on resource efficiency and cleaner production within the locality for the certification, monitoring, supervision and evaluation of the effectiveness of eco-industrial parks and eco-industrial enterprises. It shall also ensure that relevant information is fully, promptly and accurately updated in the information system on industrial parks and economic zones within the locality and the national information system on industrial parks and economic zones, among others.
The Decree takes effect from 15 July 2022./.