Some regulations on investment in industrial parks and export processing zones

Some regulations on investment in industrial parks and export processing zones

Legal basis

Law on Investment No. 61/2020/QH14 dated June 17, 2020
Decree No. 31/2021/ND-CP of the Government dated March 26, 2021 detailing and guiding the implementation of a number of articles of the Law on Investment.

Investment in construction and commercial operation of infrastructure in industrial parks, export-processing zones, hi-tech zones and economic zones

Pursuant to Article 61 of Decree 31/2021/ND-CP regulating investment in construction and business of infrastructure of industrial parks, export processing zones, high-tech zones and economic zones as follows:

The investment in construction and commercial operation of infrastructure in industrial parks and export-processing zones must be conformable to the industrial park and export-processing zone construction planning approved by a competent authority.
For disadvantaged areas, the provincial People’s Committees shall, according to specific local conditions, request the Prime Minister to decide to establish or assign revenue-generating public service providers act as investors in the project on construction and commercial operation of infrastructure in industrial parks and export-processing zones.
Every investor executing a project on investment in construction and commercial operation of infrastructure in an industrial park, export-processing zone, hi-tech zone or dedicated area of an economic zone is entitled to carry out the following activities:
Constructing buildings, offices, warehouses and depots for sale or for lease;
– Determining land rental prices and sublease prices for land with technical infrastructure built; fees for using infrastructure; Rental prices, selling prices of factories, offices, warehouses and other service fees according to the provisions of law and registered with the Management Board of industrial parks, export processing zones, high-tech zones, and economic zones on price frames and infrastructure usage fees. Registration of price brackets and infrastructure usage fees is carried out periodically every six months or in case of other adjustments compared to the registered price bracket and infrastructure usage fees;
Collecting charges for use of infrastructure;
Transferring the land use rights, leasing out and subleasing out land on which technical infrastructure has been constructed in the industrial park, export-processing zone, hi-tech zone or dedicated area of the economic zone to other investors in accordance with regulations of law on land and real estate business;
Carrying out other activities specified in the Law on Investment, Decree No. 31/2021/ND-CP, Government’s regulations on industrial parks, export-processing zones, hi-tech zones and economic zones, and relevant regulations of law.

Execution of investment projects in industrial parks, export-processing zones, hi-tech zones and economic zones

Pursuant to Article 62 of Decree 31/2021/ND-CP regulating investment projects in industrial parks, export processing zones, high-tech zones and economic zones, investors are allowed to carry out the following activities:

Leasing or purchasing warehouses and depots to serve their business operation.
Using and paying for the use of technical infrastructure and service facilities, including systems of roads, electricity supply, water supply and drainage, communications, wastewater treatment, waste treatment and other public facilities (hereinafter referred to as “infrastructure charges”).
Transferring and receiving the land use rights, leasing out and subleasing out land on which technical infrastructure has been constructed to construct buildings, offices and other works serving their business operation in accordance with regulations of law on land and real estate business.
Leasing out or subleasing out their buildings, offices and other works to serve their business operation in accordance with regulations of law on land and real estate business.
Other activities according to the provisions of the Law on Investment 2020, Decree 31/2021/ND-CP, Government regulations on industrial parks, export processing zones, high-tech zones, economic zones and applicable laws relate to.