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Repealing provisions on master planning for development of industrial parks, economic zones

On July 15, 2022, Decree No. 35/2022/ND-CP regulating the management of industrial parks and economic zones officially took effect. Accordingly, Decree 35 replaced Decree No. 82/2018/ND-CP on management of industrial parks and economic zones issued by the Government on May 22, 2018. In particular, the repeal of regulations on master planning for development of industrial parks and economic zones is a remarkable new point of Decree 35 because this helps ensure the consistency and synchronization in the implementation of the master planning in accordance with the Law on Master Planning.

1. OVERVIEW

On July 15, 2022, Decree No. 35/2022/ND-CP of the Government regulating the management of industrial parks and economic zones (hereinafter referred to as the “Decree 35”) officially came into force. Accordingly, Decree 35 replaced Decree No. 82/2018/ND-CP stipulating the management of industrial parks and economic zones issued by the Government on May 22, 2018, effective from July 10, 2018 (hereinafter referred to as “Decree 82”).

According to the Report of the Ministry of Planning and Investment submitted to the Government, Decree 35 was made in the spirit of updating and synchronizing with the provisions of the Law on Master Planning, the Law on Investment, the Law on Enterprises, the Law on Public Investment, the Law on amendments and supplements to some articles of the Law on Construction, the Law on Environmental Protection, and other specialized laws as well as some difficulties during the implementation of Decree 82.

Following the above goals, one of the prominent amendments of Decree 35 is to repeal regulations related to master planning for development of industrial parks and economic zones.

2. CONTENT

2.1 AMENDED CONTENT

Pursuant to Decree 82, the master planning for development of industrial parks, the master planning for development of economic zones is basis for consideration about the investment, establishment and expansion of industrial parks and economic zones. The effective master planning on development of industrial parks at the date of this article is the Decision No. 1107/QD-TTg dated August 21, 2006 of the Government about the Master planning on development of industrial parks up to 2015, oriented to 2020. Accordingly, when wanting to modify industrial parks, investors must submit an application of request for the modification and the Prime Minister approves.

However, Decree 35 repealed the above regulation and introduced new regulations on the orientation of construction of industrial parks and economic zones (hereinafter referred to as “Construction Orientation”) and the plan for development of industrial parks, economic zone system (hereinafter referred to as “Development Plan”).

Under Article 3, Decree 35, Construction Orientation is a part of regional master planning. The approved Construction Orientation determines “Estimated total area and type of industrial parks and economic zones of each province and city under the central government in such region”.

Under to Articles 4, 5, Decree 35, the Development Plan is a part of the provincial master planning. The approved Development Plan specifically shows the List of industrial parks and economic zones in the province and cities under the central government. For industrial zones, The Development Plan for industrial park system is also a basis for making industrial park construction master planning.

Accordingly, the requirements about master planning to invest in the establishment of industrial parks and economic zones under Decree 35 are prescribed as follows:

• For industrial parks: the to-be-established industrial park shall be consistent with regional master planning, provincial master planning and industrial park construction master planning approved at that time.
• For economic zones: the to-be-established economic zones shall be consistent with regional master planning, provincial master planning approved at that time.

2.2 REASON FOR AMENDMENTS

This amendment and supplement of Decree 35 has closely followed the aims and orientations of the State mentioned in the Report of the Ministry of Planning and Investment. Specifically, recently, the National Assembly has promulgated and amended many legal documents such as the Law on Investment, the Law on Enterprises, the Law on Master Planning, the Law on Public Investment, the Law on amendments and supplements to some Articles of the Law on Construction, Law on Environmental Protection and some other specialized laws.

Among others, the Law on Master Planning No. 21/2017/QH14 issued by the National Assembly on November 24, 2017, took effect on January 01, 2019 (hereinafter referred to as the “Law on Master Planning”) stipulated that the regional master planning consists of the “Construction orientation, including identification of urban and rural systems; economic sector; industrial parks, export processing zones”, provincial master planning consists of the “plan on development of the system of economic zones; industrial parks and export processing zones”.

Thus, Decree 35 repealed the regulations on the establishment, modification, supplementation and approval of the Master planning for the development of industrial parks and economic zones and replaced them with regulations on construction orientation and the plan for development of the system of industrial zones and economic zones to avoid the overlapping and to be more suitable to the Law on Master Planning.

3. CONCLUSION

With the aim to the consistency, synchronization when obeying the master planning in accordance with the Law on Master Planning, Decree 35 repealed regulations on planning for development of industrial parks and economic zones.

However, it is noted that, according to Article 74.3 of Decree 35 stipulating the transitional provisions, while the regional master planning, provincial master planning have not been decided or approved in accordance with the Law on Master Planning, the investors having demand to modify the industrial parks, for instance, newly establish, change the area, scale of the industrial parks, … they shall request for amendment of the Master planning development of industrial parks in the Decision 1107 in accordance with the order and procedures stipulated in Decree 82.

Nguyen Pham Quynh Trang (Paralegal)