Contribute comments to the Draft Regulations on Industrial Cluster Management in Thanh Hoa Province

Implementing the direction of Vice Chairman of the Provincial People's Committee Mai Xuan Liem in Official Dispatch No. 15281/UBND-CN, dated October 17, 2024, the Department of Industry and Trade has completed the Draft Regulations on management of industrial clusters in Thanh Hoa province. Thanh Hoa Newspaper published the Draft Decision with the Regulations for agencies, organizations and individuals to contribute their opinions.

Illustration photo.

RULES

Management of industrial clusters in Thanh Hoa province

CHAPTER I

GENERAL PROVISIONS

Article 1. Scope of regulation and applicable subjects

1. Scope of adjustment:

a) This Regulation stipulates the principles, methods, contents and responsibilities.

of provincial departments, branches and sectors (hereinafter referred to as departments and sectors); People's Committees of districts, towns and cities (hereinafter referred to as district-level People's Committees) and units related to the management and development of industrial clusters in the province.

b) Contents on state management of industrial clusters not specified in this Regulation shall be implemented according to current legal regulations.

2. Applicable subjects:

The subjects of application of this Regulation include:

a) Investors in construction and business of industrial park infrastructure.

b) Organizations and individuals doing business in industrial parks.

c) Departments, branches, District People's Committees and other agencies, organizations and individuals related to the management, investment and operation of industrial clusters.

Article 2. Management principles and coordination methods

1. Management principles:

a) Industrial cluster management must ensure the principles of unity, concentration, and promote the responsibility of the presiding agency and coordinating agencies, without overlapping or omitting tasks.

b) Comply with legal regulations; maximize the effectiveness of technical infrastructure investment projects in industrial clusters and production and business projects in industrial clusters, serving local socio-economic development.

2. Coordination method:

Depending on the nature and content of the work, during the implementation process, the presiding agency will resolve or coordinate with relevant agencies to resolve the work in the following forms:

a) Organize meetings or seek written opinions from coordinating agencies.

b) Establish a team to monitor, conduct field inspections, and conduct interdisciplinary inspections.

CHAPTER II

MANAGEMENT CONTENT OF INDUSTRIAL CLUSTERS AND RESPONSIBILITIES

RESPONSIBILITIES OF RELEVANT AGENCIES AND UNITS

Article 3. Developing, promulgating and organizing the implementation of laws, mechanisms and policies on industrial clusters

1. The Department of Industry and Trade shall take the lead in advising on the development, submission to competent authorities for promulgation and implementation of legal documents and policies related to the management and development of industrial clusters in the province.

2. The Department of Planning and Investment shall preside over and advise the Provincial People's Committee to arrange funding to support investment in projects to build technical infrastructure for industrial clusters according to the provisions of law.

3. Departments, branches, district-level People's Committees and organizations and individuals are responsible for organizing the implementation of industrial cluster mechanisms and policies according to their functions and tasks as prescribed by law within their authority.

Article 4. Development and implementation of industrial cluster development plans

1. Develop industrial cluster development plan:

a) Comply with the provisions in Clause 1 and Clause 2, Article 5 of Decree No. 32/2024/ND-CP dated March 15, 2024 of the Government on management and development of industrial clusters (hereinafter referred to as Decree No. 32/2024/ND-CP of the Government).

b) The Department of Planning and Investment synthesizes the industrial cluster development plan to integrate into the provincial planning during the provincial planning period and submits it to the competent authority for approval according to regulations.

2. Organizing the implementation of the industrial cluster development plan:

The Department of Industry and Trade shall take the lead in advising on the implementation of plans to develop industrial clusters in the province according to regulations.

Article 5. Adjustment of industrial cluster development plan

1. Comply with the provisions in Clause 1 and Clause 2, Article 7 of Decree No. 32/2024/ND-CP of the Government.

2. The Department of Planning and Investment synthesizes and adjusts the industrial cluster development plan to integrate into the provincial planning during the provincial planning adjustment period and submits it to the competent authority for approval according to regulations.

Article 6. Establishment and expansion of industrial clusters; adjustment and repeal of decisions on establishment and expansion of industrial clusters

1. Establishment and expansion of industrial clusters

a) Conditions for establishing and expanding industrial clusters are implemented according to the provisions of Article 8 of Decree No. 32/2024/ND-CP of the Government.

b) The dossier for requesting the establishment or expansion of an industrial cluster shall be implemented in accordance with the provisions of Clause 1, Article 9 of Decree No. 32/2024/ND-CP of the Government.

In case an industrial cluster is located in two or more district-level administrative units (as prescribed in Point a, Clause 1, Article 9 of Decree No. 32/2024/ND-CP of the Government), the People's Committee of the district with the largest land area shall preside over and coordinate with the remaining districts to submit a proposal to establish or expand the industrial cluster.

Document requesting to be the investor in the construction of technical infrastructure of industrial clusters of enterprises, cooperatives, and organizations according to Form No. 01 issued with Circular No. 14/2024/TT-BCT dated August 15, 2024 of the Minister of Industry and Trade on the regulation of periodic reporting regime on industrial clusters, national industrial cluster database and some sample documents on management and development of industrial clusters (hereinafter referred to as Circular No. 14/2024/TT-BCT of the Minister of Industry and Trade).

c) Main contents of the Investment Report on establishment and expansion of industrial clusters are implemented according to the provisions of Clause 2, Article 9 of Decree No. 32/2024/ND-CP of the Government.

d) The procedures for establishing and expanding industrial clusters are implemented according to the provisions of Article 10 of Decree No. 32/2024/ND-CP of the Government.

The internal process for handling administrative procedures for establishing and expanding industrial clusters shall comply with the provisions of Decision No. 821/QD-BCT dated April 10, 2024 of the Minister of Industry and Trade on promulgating newly issued administrative procedures in the field of industrial clusters under the management scope of the Ministry of Industry and Trade; Decision No. 1580/QD-UBND dated April 22, 2024 of the Chairman of the Provincial People's Committee on promulgating the List of newly issued administrative procedures in the field of industrial clusters under the authority of the People's Committees at the district level in Thanh Hoa province.

d) The content of appraisal for establishment and expansion of industrial clusters is implemented according to Article 11 of Decree No. 32/2024/ND-CP of the Government.

e) The content of the Decision on establishment and expansion of industrial clusters shall be implemented in accordance with the provisions of Clause 1, Article 12 of Decree No. 32/2024/ND-CP of the Government; the Decision on establishment and expansion of industrial clusters shall be in accordance with Form No. 02 issued together with Circular No. 14/2024/TT-BCT of the Minister of Industry and Trade.

g) Evaluation and selection of investors for construction of technical infrastructure for industrial clusters:

- Selecting investors to build technical infrastructure for industrial clusters is a content of appraisal for establishing and expanding industrial clusters; carried out during the process of establishing and expanding industrial clusters.

Within 15 days from the date the District People's Committee issues a notice of receipt of application dossiers for establishment and expansion of industrial clusters on the website of the Provincial People's Committee and Thanh Hoa Newspaper, in case the industrial cluster has 02 or more enterprises, cooperatives, or organizations jointly requesting to be investors in the construction of technical infrastructure of the industrial cluster, a bidding process will be conducted to select investors in accordance with relevant laws.

- The selection of investors for the construction of technical infrastructure for industrial clusters is carried out by the Provincial Council for the Evaluation and Selection of Investors for the Construction of Technical Infrastructure for Industrial Clusters.

- The Provincial People's Committee decided to establish a Council for evaluating and selecting investors to build technical infrastructure for industrial clusters, including: Chairman of the Council: Vice Chairman of the Provincial People's Committee; Vice Chairmen of the Council: Leaders of the Departments: Industry and Trade, Planning and Investment; Council members: Leaders of the units: Office of the Provincial People's Committee, Department of Finance, Department of Construction, Department of Natural Resources and Environment; Council Secretary (not a Council member) is a specialist of the Department of Industry and Trade. The standing body of the Council is the Department of Industry and Trade.

- The Council for evaluating and selecting investors for the construction of technical infrastructure of industrial clusters is responsible for: Issuing the Council's operating regulations and regulations on methods for evaluating and selecting investors for the construction of technical infrastructure of industrial clusters; organizing the evaluation and selection of investors for the construction of technical infrastructure of industrial clusters in accordance with the provisions of law.

2. Adjusting the decision to establish and expand industrial clusters

Implement according to the provisions of Clause 2, Article 12 of Decree No. 32/2024/ND-CP of the Government.

Article 7. Establishing and adjusting detailed planning for industrial clusters

Comply with the provisions of Article 15 of Decree No. 32/2024/ND-CP of the Government.

Article 8. Implementation of environmental procedures for investment projects in construction of technical infrastructure of industrial clusters

1. The investor in the construction of technical infrastructure of the industrial park shall prepare an environmental impact assessment report/environmental licensing dossier according to regulations.

2. The Department of Natural Resources and Environment shall preside over the appraisal of environmental impact assessment reports, issue environmental licenses (issue/reissue/change/issue adjustments) and submit them to the Chairman of the Provincial People's Committee for approval (for cases under the authority of the Provincial People's Committee). Guide investors to prepare environmental impact assessment reports; dossiers for granting environmental licenses for cases under the authority of appraisal, approval, and licensing of the Ministry of Natural Resources and Environment.

Article 9. Land recovery and land lease for investment in construction of technical infrastructure of industrial clusters

1. District People's Committee:

Preside over the implementation of land recovery, compensation, site clearance and resettlement support (if any) for investment projects to build technical infrastructure for industrial clusters in the area; in case the industrial cluster has land, assets attached to the land are public assets, it shall be implemented according to the provisions of Article 83 of the Land Law dated January 18, 2024.

2. Departments and branches:

a) The Department of Natural Resources and Environment shall preside over and guide the implementation of procedures related to land lease, granting of land use right certificates and ownership of assets attached to land to investors in the construction of technical infrastructure of industrial clusters for submission to the Provincial People's Committee for consideration and decision.

b) The Department of Planning and Investment shall preside over and guide and implement the deposit guarantee when implementing the investment project to build technical infrastructure of industrial clusters according to the provisions of the law on investment for investors to build technical infrastructure of industrial clusters according to the provisions of the law on investment.

c) The Department of Agriculture and Rural Development shall take the lead in guiding the implementation of procedures for converting forest use to other purposes and replanting forests (if any) for investors in building technical infrastructure for industrial clusters according to the provisions of the law on forestry.

3. Investor in construction of technical infrastructure of industrial cluster:

Arrange funding, coordinate the implementation of compensation, support and resettlement payments (if any) according to the compensation and site clearance plan approved by competent authorities; complete the obligation to plant replacement forests when converting forest use to other purposes (if any) according to the provisions of forestry law.

Article 10. Receiving and implementing procedures on investment, construction, land, environment, fire prevention and fighting for investment projects in production and business in industrial parks; revoking investment projects in production and business in industrial parks

1. Receiving investment projects in industrial parks

a) Investors in the construction of technical infrastructure of industrial clusters shall receive investment projects in industrial clusters according to the provisions of Article 20 of Decree No. 32/2024/ND-CP of the Government.

b) The Department of Planning and Investment shall preside over the guidance and appraisal of procedures for requesting investment policies and investment certificates for production and business projects in industrial clusters in accordance with the provisions of the law on investment, and submit them to the Chairman of the Provincial People's Committee for consideration and decision.

2. Carry out procedures on investment, construction, land, environment, fire prevention and fighting of investment projects in industrial parks.

a) Organizations and individuals investing in industrial parks shall carry out procedures for land lease and construction permit issuance in industrial parks in accordance with the provisions of Article 21 of Decree No. 32/2024/ND-CP of the Government.

b) The Department of Natural Resources and Environment shall preside over the guidance and appraisal, and submit to the Chairman of the Provincial People's Committee for approval the appraisal results of environmental impact assessment reports/granting environmental licenses (granting/re-granting/changing/adjusting) under the authority of the Provincial People's Committee; guide and carry out procedures for granting land use right certificates, property ownership rights attached to land for secondary investors and contents related to the field of natural resources and environment , and submit to the Provincial People's Committee for approval.

c) The Department of Construction shall preside over the guidance and implementation of construction permit issuance procedures and other contents related to the functions and tasks of the industry.

d) The provincial police shall preside over the guidance and approval of design documents and fire prevention and fighting plans for investment projects in production and business in industrial parks according to the provisions of law on fire prevention and fighting.

d) The District People's Committee shall preside over and guide the implementation of compensation, site clearance and resettlement support (if any); guide and carry out procedures for granting construction permits and other contents related to investment, land and environment under the authority of the District People's Committee or under the authorization and decentralization of the Provincial People's Committee.

3. Adjust and revoke investment projects in production and business in industrial parks.

a) The Department of Planning and Investment shall preside over the procedures for adjusting and revoking investment policy decisions and investment certificates for production and business projects in industrial clusters under its authority in accordance with the provisions of law on investment, and submit them to the Chairman of the Provincial People's Committee for approval.

b) Investors in technical infrastructure of industrial clusters shall make recommendations to competent authorities to revoke investment policies and investment certificates (if any) or handle investment projects in industrial clusters that violate the law, stop operating, or are not implemented or are slow to implement in accordance with the provisions of law on investment.

Article 11. Management of public services and utilities

Management of public services and facilities of industrial parks is carried out according to the provisions of Article 17 of Decree No. 32/2024/ND-CP of the Government.

Article 12. Management of production and business activities in industrial clusters and information reporting work

1. Management of production and business activities in industrial clusters is carried out according to the provisions of Article 24 of Decree No. 32/2024/ND-CP of the Government.

2. Information reporting work is carried out in accordance with the provisions of Article 3 of Circular No. 14/2024/TT-BCT of the Minister of Industry and Trade.

Article 13. Inspection and examination work

1. The Department of Industry and Trade shall preside over and coordinate with the Departments, branches and District People's Committees to periodically or suddenly inspect and evaluate the effectiveness of industrial cluster development in the province according to the provisions of law; handle or propose competent authorities to handle recommendations and violations of the law according to regulations.

2. Departments and branches, based on their functions and tasks, shall conduct periodic and unscheduled inspections and examinations of compliance with laws on land, construction, environmental protection, fire prevention, fire fighting, rescue, and other State regulations on industrial clusters in the province; inspection and examination work shall be carried out in accordance with the principle of no more than once a year, except in cases showing signs of violations.

3. The People's Committee at the district level shall preside over and coordinate with relevant units to periodically or suddenly inspect and handle violations of the laws on land, construction, environmental protection, fire prevention, fire fighting, rescue and other regulations on industrial clusters in the district area according to its authority.

CHAPTER III

IMPLEMENTATION ORGANIZATION

Article 14. Responsibility for implementation

1. State management content of industrial clusters:

Pursuant to Article 28 of Decree No. 32/2024/ND-CP of the Government.

2. Authority and responsibility for state management of industrial clusters:

a) Provincial People's Committee:

Implement state management of industrial clusters according to regulations in Article 32 of Decree No. 32/2024/ND-CP of the Government.

b) Department of Industry and Trade:

- Perform responsibilities and powers as prescribed in Article 33 of Decree No. 32/2024/ND-CP of the Government;

- Implement the reporting regime according to the provisions of Circular No. 14/2024/TT-BCT of the Minister of Industry and Trade and according to the regulations of the Provincial People's Committee.

c) Provincial Departments, branches and relevant units:

- Perform specialized state management functions for industrial clusters according to the provisions of law and this Regulation;

d) District People's Committee:

- Perform the responsibilities and powers prescribed in Article 34 of Decree No. 32/2024/ND-CP of the Government.

3. Investor in construction of technical infrastructure of industrial cluster:

- Carry out investment and business in technical infrastructure of industrial clusters according to the provisions of law and the provisions of this Regulation;

4. Organizations and individuals investing in production and business activities in industrial parks:

- Carry out investment and business production in industrial parks in accordance with the provisions of law and the provisions of this Regulation;

Article 15. Implementation provisions

1. Departments, branches, district-level People's Committees and relevant organizations and individuals are responsible for implementing and strictly implementing this Regulation; based on their functions and tasks, they are responsible for coordinating implementation.

2. During the implementation process, if there are any difficulties or problems, the Departments, branches, District People's Committees and organizations and individuals shall promptly report to the Department of Industry and Trade for synthesis and reporting to the Provincial People's Committee for consideration, amendment and supplementation as appropriate./.

See full text of the Decision and Regulations here.

Source: https://baothanhhoa.vn/dong-gop-y-kien-vao-du-thao-quy-che-quan-ly-cum-cong-nghiep-tren-dia-ban-tinh-thanh-hoa-228304.htm