Proposing new regulations on management of industrial parks and economic zones

Đề xuất quy định mới quản lý khu công nghiệp và khu kinh tế- Ảnh 1. — Ministry of Finance proposes new regulations on management of industrial parks and economic zones

The Ministry of Finance said that according to the provisions of Clause 2, Article 24 of the Law on Planning (amended and supplemented in Clause 1, Article 243 of the 2024 Land Law), the content of national land use planning only includes land use indicators for agricultural land and non-agricultural land groups; in which the area of some types of land is determined, including rice-growing land, special-use forest land, protective forest land, production forest land that is natural forest, national defense land, security land, and does not stipulate land use indicators for industrial parks (IPs) and economic zones (EZs).

Regarding construction planning, the Law on Urban and Rural Planning has replaced regulations related to planning for construction of functional areas (including industrial parks and economic zones) in the Construction Law; in which the general planning for functional areas other than economic zones and national tourist areas is abolished.

Regarding investment and public investment, Law No. 57/2024/QH15 amending and supplementing a number of articles of the Law on Planning, the Law on Investment, the Law on Investment under the public-private partnership model and the Law on Bidding dated November 29, 2024 of the National Assembly and the Law on Public Investment 2024 have stipulated the decentralization of authority to decide and approve investment policies for industrial park infrastructure projects to the People's Council and the People's Committee (PC) at the provincial level.

Along with that, the Investment Law and the Planning Law are being continued to be reviewed for research, amendment, supplementation, and submission to the National Assembly in October 2025.

According to the Ministry of Finance, currently, the Politburo, the Secretariat and the Government are focusing on directing all levels to implement policies on implementing the 2-level local government model, promoting decentralization and delegation of power to localities, promoting private economic development and innovation. These policies also have a direct impact, leading to the need to amend and supplement Decree No. 35/2022/ND-CP to suit the current context.

On that basis, the development of a Decree replacing Decree No. 35/2022/ND-CP is necessary to ensure consistency in the current legal framework on industrial parks and economic zones, in accordance with current policies and guidelines, and not create legal gaps.

The draft Decree is built on the basis of inheriting the contents stipulated in Decree No. 35/2022/ND-CP, updating the contents according to newly issued legal regulations, the 2-level local government organization model and amending and supplementing a number of contents to suit the current construction and development of industrial parks and economic zones.

Supplementing regulations on the contents of the development plan for industrial parks and economic zones in the provincial planning

According to the Ministry of Finance, the draft proposes to supplement regulations on the contents of the development plan for the industrial park and economic zone system in the provincial planning, including:

Current status of industrial parks and economic zones in the province and centrally run cities: quantity and area of industrial parks and economic zones in the provincial planning; investment and construction situation of each industrial park and economic zone; occupancy rate of each industrial park.

Additional industrial parks and economic zones in the development plan of the industrial park and economic zone system; plan to adjust the scale of industrial parks and economic zones already in the development plan of the industrial park and economic zone system; industrial parks and economic zones removed from the development plan of the industrial park and economic zone system.

The above contents aim to ensure that the economic zone system development plan in the provincial planning fully reflects the necessary information related to the current status, adjustment and supplement plans for industrial parks and economic zones in the provincial planning, serving the appraisal work as well as the implementation of the provincial planning.

In addition, the draft proposes to amend and supplement relevant regulations to ensure compliance with the provisions of the Law on Urban and Rural Areas, such as:

Abolish regulations on general construction planning for industrial parks.

Abolish regulations on consulting ministries in the process of planning industrial parks.

Update regulations on the authority of the Management Board of industrial parks and economic zones in organizing the establishment and approval of planning tasks, zoning plans, and detailed planning of industrial parks according to the provisions of law on urban and rural planning.

On infrastructure investment, establishment of industrial parks and economic zones

The draft proposes to amend and supplement regulations on investment phases for industrial park infrastructure projects requiring conversion of land use purposes for rice cultivation of two or more crops on a large area.

Regulations on decentralization of authority to the Provincial People's Committee to consider and decide on the conversion of industrial parks to urban - service area development.

Amendment and supplementation of regulations on adjusting economic zone boundaries: adjusting economic zone boundaries means adjusting the geographical boundaries of established economic zones, but the total area of the economic zone after boundary adjustment does not increase or does not increase by more than 10% of the total area of the established economic zone and does not change the commune-level areas.

Industrial park and economic zone development policy

The draft proposes to abolish regulations on the list of key economic zones: According to the provisions of Point d, Clause 10, Article 3 of Resolution No. 973/2020/UBTVQH14 dated July 8, 2020 of the Standing Committee of the National Assembly stipulating principles, criteria and norms for allocating public investment capital from the state budget for the period 2021-2025, industrial parks and economic zones: Infrastructure of coastal economic zones, border gate economic zones, specialized economic zones, free trade zones and infrastructure of industrial parks and industrial clusters in the sectors and fields using public investment capital and arranged according to the provisions of the Law on Public Investment. The determination of priority projects expected to be implemented by localities has been summarized in the provincial planning according to the provisions of the law on planning. Therefore, the Ministry of Finance proposes to abolish regulations on key economic zones.

Abolish regulations on preferential policies for investment projects in the production of supporting industrial products and investment projects eligible for investment incentives according to the provisions of law on investment in supporting industrial parks, specialized industrial parks, and high-tech industrial parks because the contents on incentives for investment projects in the production of supporting industrial products and investment projects eligible for investment incentives according to the provisions of law on investment have been specifically regulated in the provisions of relevant laws.

In addition, in the draft, the Ministry of Finance also updated regulations on the authority and responsibility for state management of provincial People's Committees and relevant ministries according to newly issued regulations and the 2-level local government organization model...

The Ministry of Finance is soliciting comments on this draft on the Ministry's Electronic Information Portal./.

Source: https://baochinhphu.vn/de-xuat-quy-dinh-moi-quan-ly-khu-cong-nghiep-va-khu-kinh-te-102251024182157378.htm