Thông tư 12/2020/TT-BKHDT

CIRCULAR

GUIDELINES FOR FUNCTIONS, TASKS, ENTITLEMENTS AND ORGANIZATIONAL STRUCTURES OF MANAGEMENT BOARDS OF INDUSTRIAL PARKS, EXPORT-PROCESSING ZONES AND ECONOMIC ZONES

Pursuant to the Government’s Decree No. 82/2018/ND-CP dated May 22, 2018 on management of industrial parks and economic zones;

Pursuant to the Government’s Decree No. 40/2019/ND-CP dated May 13, 2019 on amendments to Decrees on guidelines for the Law on Environmental Protection;

Pursuant to the Government’s Decree No. 86/2017/ND-CP dated July 25, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

At the request of the Director of the Economic Zones Management Department;

The Minister of Planning and Investment hereby promulgates a Circular on guidelines for functions, tasks, entitlements and organizational structures of management boards of industrial parks, export-processing zones and economic zones.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular elaborates on functions, tasks, entitlements and organizational structures of management boards of industrial parks, export-processing zones and economic zones (hereinafter referred to as “the Management Board”) specified in Article 61, Article 62, Article 63, Article 64 and some Articles in the Government's Decree No. 82/2018/ND-CP dated May 22, 2018 on management of industrial parks and industrial parks (hereinafter referred to as “the Decree No. 82/2018/ND-CP”).

Article 2. Regulated entities

This Circular applies to Management Boards, regulatory bodies and relevant organizations and individuals.

Article 3. Position and functions of the Management Board

1. Position and functions of the Management Board are specified in Article 61 of the Decree No. 82/2018/ND-CP .

2. Each Management Board has its own account opened at the State Treasury as prescribed by law; is under the direction and management by the provincial People's Committee regarding its operation, finance and infrastructure; is under the professional and specialized direction and guidance by the Ministry of Planning and Investment and ministries regarding the state management performed within an industrial park, export-processing zone or economic zone.

Chapter II

TASKS AND ENTITLEMENTS OF THE MANAGEMENT BOARD

Article 4. Tasks and entitlements

1. Every Management Board shall carry out its tasks and entitlements as assigned and the tasks and entitlements as assigned and authorized in Articles 63 and 64 and other Articles specified in the Decree No. 82/2018/ND-CP .

2. Every Management Board shall carry out its tasks and entitlements regarding investment management as specified in Point c Clause 1, Point b, Point e, Point h, Point k and Point l Clause 2 Article 63 of the Decree No. 82/2018/ND-CP. To be specific:

a) Register investment; issue, adjust and revoke investment guideline documents and investment registration certificates; agree upon the payment of deposits for execution of investment projects under its management;

b) Inspect and supervise the fulfillment of the investment objectives specified in investment guideline documents and investment registration certificates, the capital contribution, the execution of investment projects and the fulfillment of commitments by projects eligible for investment incentives; carry out periodic assessments of efficiency of investment activities and submit reports thereon to the Ministry of Planning and Investment;

c) Resolve difficulties facing investors in industrial parks, export-processing zones and economic zones and request the Prime Minister, ministries concerned and provincial People’s Committee to address the issues that are beyond its power;

d) Submit to the provincial People’s Committee programs and plans for promoting investment in development of industrial parks, export-processing zones and economic zones;

dd) Cooperate with the Ministry of Planning and Investment in building and managing a system of information about industrial parks, export-processing zones and economic zones under its management;

e) Submit periodic reports on construction and development of industrial parks, export-processing zones and economic zones; on receipt, adjustment and revocation of investment guideline documents and investment registration certificates and the operation of investment projects under its management;

3. Every Management Board shall carry out its tasks and entitlements regarding environmental protection as assigned in Article 43, Article 44 and Point dd Clause 3 Article 63 of the Decree No. 82/2018/ND-CP , and Decree No. 40/2019/ND-CP. To be specific:

a) Cooperate in appraising and approving environmental impact assessment reports, certify the completion of environmental protection works, grant environmental approval, certify environmental protection plans for investment projects within industrial parks, export-processing zones and economic zones;

b) Receive applications for registration of certification of eco-industrial park, obtain comments of ministries concerned, prepare and submit evaluation reports on fulfillment of criteria to the provincial People’s Committee for consideration and issuance of the certificate of eco-industrial park;

c) Follow procedures for collecting comments of agencies concerned, consider granting eco-enterprise certification.

4. Every Management Board shall carry out its tasks and entitlements regarding construction management as assigned and authorized in Point b Clause 3 Article 63 of the Decree No. 82/2018/ND-CP. To be specific:

a) Appraise projects, designs and cost estimates of the Departments in charge of specialized management of construction works with respect to projects and works located within industrial parks, export-processing zones and economic zones;

b) Issue, adjust, extend, re-issue and revoke construction permits for works constructed within industrial parks, export-processing zones and economic zones;

c) Manage quality of construction works for the projects located within industrial parks, export-processing zones and economic zones.

5. Every Management Board shall carry out its tasks and entitlements regarding planning management as assigned and authorized in Point b Clause 3 and Point a Clause 1 Article 64 of the Decree No. 82/2018/ND-CP. To be specific:

a) Formulate and report to the provincial People’s Committee for submission to the Prime Minister  to seek his decision on the general planning for construction of economic zones;

b) Adjust the approved construction planning of industrial parks and dedicated areas of economic zones without changing the planning structure in accordance with regulations of law on construction;

c) Approve the tasks and detailed planning blueprints for construction of projects in industrial parks, export-processing zones or dedicated areas of economic zones which are subject to the requirement that detailed construction planning must be prepared as per the construction law.

6. Every Management Board shall carry out its tasks and entitlements regarding labor management as authorized in Point c Clause 3 Article 63 of the Decree No. 82/2018/ND-CP. To be specific:

a) Issue and re-issue labor permits to foreign laborers working in industrial parks, export-processing zones and economic zones; certify that foreign laborers are not licensed to work for enterprises operating in industrial parks, export-processing zones and economic zones;

b) Receive explanatory reports from enterprises operating in industrial parks, export-processing zones and economic zones on the demand for employing foreigners for each job position which Vietnamese workers are not qualified to take up;

c) Apply for registration of labor regulations, receive collective labor agreements; receive applications for registration of salary systems, scales and labor norms submitted by enterprises operating in industrial parks, export-processing zones and economic zones;

d) Receive reports on dismissal of employees, sublease of laborers, results of professional training and skill development courses held on an annual basis by enterprises operating in industrial parks, export-processing zones and economic zones;

dd) Receive and process applications for registration of effecting of contracts on reception of interns submitted by enterprises operating in industrial parks, export-processing zones and economic zones, and sending workers abroad in the form of internship for improvement of professional skills for less than 90 days;

e) Receive declarations of labor use and reports on labor change; receive notifications of overtime work lasting from over 200 hours to 300 hours a year of enterprises operating in industrial parks, export-processing zones and economic zones;

g) Receive notifications of the location, region and time of commencement of operation, and managers or key title holders of enterprises as the labor sublessors operating in industrial parks, export-processing zones and economic zones;

h) Inspect and supervise the compliance with the law on labor, wages and social insurance for laborers, protection of legal rights and interests of employees and employers, assurance of labor safety and hygiene.

7. Every Management Board shall carry out its tasks and entitlements regarding trade management as assigned and authorized in Point c Clause 2 and Point a Clause 3 Article 63 of the Decree No. 82/2018/ND-CP. To be specific:

a) Issue, re-issue, adjust, extend and revoke representative office establishment licenses and shut down representative offices of foreign organizations and traders located in industrial parks, export-processing zones and economic zones in accordance with laws on trade;

b) Issue certificates of origin for goods produced in industrial parks, export-processing zones and economic zones under their authority delegated by the Ministry of Industry and Trade.

8. Every Management Board shall carry out its tasks and entitlements regarding land management as assigned and authorized in Point dd Clause 2 Article 63 and Points g and h Clause 3 Article 64 of the Decree No. 82/2018/ND-CP. To be specific:

a) Formulate and submit to competent authorities for approval and organize the implementation of detailed plans and planning for use of land in economic zone (for the Economic Zone Management Board);

b) Receive applications for registration of the price bracket applied to land leases and subleases, and the bracket of fees for use of infrastructure of industrial parks, export-processing zones and economic zones, submitted by investors developing infrastructure of industrial parks, export-processing zones and dedicated areas within economic zones;

c) Effectively manage and use specialized land and water surface areas allocated for intended purposes and in line with the general planning for construction of economic zones, the planning for construction of dedicated areas and the land use planning and plan approved by the competent authority;

d) Re-allocate land subject to land levies, re-allocate land not subject to land levies or lease out land and exercise other powers related to management of land located within economic zones under laws on land.

9. Every Management Board shall carry out its tasks and entitlements regarding science and technology management as prescribed in Clause 2 Article 53 and Point e Clause 1 Article 63 of the Decree No. 82/2018/ND-CP. To be specific:

a) Cooperate with concerned agencies in carrying out technology appraisal, technology evaluation, technological level evaluation and evaluation of technology transfer contracts; conducting inspection and control of technology and technology transfer in investment projects, technology research, development and application by enterprises.

b) Perform state management of science and technology in industrial parks, export-processing zones and economic zones under the guidance of the Ministry of Science and Technology.

10. Every Management Board shall carry out other tasks and entitlements as prescribed in Clause 10, Clause 14 Article 60, Article 1 Article 61, Point a, Point b Clause 1 and Point q Clause 2 Article 63 of the Decree No. 82/2018/ND-CP and other relevant regulations. To be specific:

a) Formulate and submit to the provincial People’s Committee the document defining functions, tasks, entitlements and organizational structure of the Management Board and project on establishment and re-organization of the Management Board as prescribed by law;

b) Set up and submit to the provincial People’s Committee the project on transformation and development of eco-industrial parks and new models of industrial parks, export-processing zones and economic zones;

c) Formulate and submit to the provincial People’s Committee the Regulation on cooperation with specialized agencies of the provincial People's Committee or concerned agencies in carrying out their assigned tasks and entitlements using the single-window system within a regulatory body or the single-window system that involves multiple regulatory bodies;

d) Consult with ministries, agencies and the provincial People's Committee on drafting of legislative documents, policies and planning related to investment and development of industrial zones, export-processing zones and economic zones;

dd) Provide information about the planning for development of industrial parks, export-processing zones and economic zones, planning for construction of industrial parks, export-processing zones and economic zones, price bracket applied to land leases and occupancy rate of industrial parks, export-processing zones and dedicated areas of economic zones, investment incentive policies, orientations towards development of business lines and industries attracting investment, procedures for making investment in industrial parks, export-processing zones and economic zones, and other contents prescribed by law for investors that wish to make investment in industrial parks, export-processing zones and economic zones, and relevant parties;

e) Carry out other tasks and entitlements in accordance with regulations of the Decree No. 82/2018/ND-CP and relevant regulations of law.

Chapter III

ORGANIZATIONAL STRUCTURE AND PAYROLL OF THE MANAGEMENT BOARD

Article 5. Organizational structure

1. The Management Board’s organizational structure is specified in Clause 3 Article 65 of the Decree No. 82/2018/ND-CP .

2. Heads of the Management Board

a) The Management Board has a Head and no more than 03 (three) Deputy Heads;

b) The Head of the Management Board has the responsibility to manage all operations of the Management Board, is responsible to the provincial People’s Committee and the law for operations and operating efficiency of industrial parks, export-processing zones and economic zones; cooperate with heads of departments, socio-political organizations and agencies concerned in performing tasks of the Management Board.

c) Deputy Heads of the Management Board are those who assist the Head and are responsible to the Head and the law for their assigned tasks; if the Head is absent, a Deputy Head shall be authorized by the Head to manage operations of the Management Board;

d) The President of the provincial People’s Committee shall decide on the appointment, secondment, rewarding, imposition of disciplinary penalties on, dismissal, grant of permission for resignation or retirement to and provision of other benefits for the Head and Deputy Heads as prescribed by law.

3. Professional and specialized divisions

a) Conditions and criteria for establishing professional and specialized divisions are specified in Clause 4 Article 65 of the Decree No. 82/2018/ND-CP and relevant regulations of law;

b) According to the payroll, functions and tasks of the Management Board, the provincial People's Committee shall decide on the number of professional and specialized divisions of the Management Board and the consolidation and merger thereof in case of failure to satisfy the conditions and criteria for establishing professional and specialized divisions in accordance with the Decree No. 82/2018/ND-CP and relevant regulations of law. 

4. Representative offices in industrial parks, export-processing zones and economic zones

a) In the cases where an industrial park, export-processing zone or economic zone is located outside the area where the Management Board is located and it is necessary to provide receive assistance in completion of administrative procedures on site, the Management Board is entitled to establish a representative office in such industrial park, export-processing zone or economic zone;

b) The representative office shall perform the following tasks: provide guidelines for administrative procedures; provide administrative services; directly handle administrative procedures assigned by the Head of the Management Board.

5. Public service providers

a) Each Management Board shall establish a financially autonomous public service provider to provide auxiliary services regarding investment consulting, technical consulting, employee recruitment, investment promotion and assistance in boosting cooperation, forming production links and creating industrial symbiosis to establish eco-industrial parks, and other auxiliary services for investors and parties concerned in industrial parks, export-processing zones or economic zones;

b) The establishment and operation of the public service provider affiliated to the Management Board shall comply with regulations of law on public services.

6. According to the nature, characteristics and state management requirements of each industrial park, export-processing zone or economic zones within the province, the Head of the Management Board shall preside over and cooperate with the Director of the Department of Home Affairs in requesting the provincial People's Committee to decide on functions, tasks, entitlements and organizational structure of the Management Board, and on establishment of representative offices and public service providers affiliated to the Management Board as prescribed by law.

Article 6. Payroll

The number of public servants and employees working for public service providers of the Management Board shall comply with Clause 5 Article 65 of the Decree No. 82/2018/ND-CP and relevant regulations of law.

Chapter IV

IMPLEMENTATION CLAUSE

Article 7. Effect

1. This Circular comes into force from February 16, 2021.

2. The Joint Circular No.06/2015/TTLT-BKHDT-BNV dated September 03, 2015 of the Minister of Planning and Investment is null and void from the effective date of this Circular.

Article 8. Grandfather clauses

If the number of deputies of any Management Board's organization or unit undergoing merger or consolidation exceeds the number specified in the Decree No. 82/2018/ND-CP , the provincial People’s Committee or the Management Board shall reduce the number of deputies in accordance with the Decree No. 82/2018/ND-CP within 02 years from the date of merger or consolidation.

Article 9. Implementation

1. Every Management Board shall preside over and cooperate with departments and competent authorities in perform the tasks below:

a) On an annual basis, review and assess difficulties (if any) in implementing the Regulation on cooperation between the Management Board and the specialized agencies affiliated to the provincial People’s Committee and other agencies concerned, and request the provincial People’s Committee to amend the Regulation; and report such difficulties to the Ministry of Planning and Investment, Ministry of Home Affairs, ministries and agencies concerned to form a basis for reviewing and amending legislative documents relating to functions, tasks and entitlements of the Management Board;

b) Promptly update regulations on functions, tasks and entitlements of the Management Board according to the legislative documents on investment, land, trade, construction, labor and environment, and other legislative documents for reporting to the provincial People’s Committee, which will amend the documents on Management Board’s functions and tasks which it promulgates.

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Planning and Investment for consideration and resolution./.