Building a factory in an industrial park (IP) is a complex process that requires strict compliance with legal regulations and technical standards. This article provides a detailed guide on the construction process and procedures for factories in industrial parks, updated according to the latest regulations.

1. Overview of Factory Construction in Industrial Parks

Constructing a factory in an industrial park must adhere to strict regulations regarding planning, environment, and labor safety. The year 2025 marks significant changes in the Construction Law, Environmental Protection Law, and labor safety standards, particularly in wastewater treatment, fire prevention and fighting (FPF), and environmental impact assessment.

2. Process of Obtaining a Construction Permit

According to Article 43, Decree 15/2021/ND-CP, if the project does not have an approved 1/500 detailed planning or has not been appraised for construction design, the enterprise must obtain a construction permit before commencing work.

2.1. Required Documents

For non-linear projects:

• Application for a construction permit;
• Documents proving land use rights (Land Use Right Certificate, industrial park land lease contract, etc.);
• Decision approving the investment project;
• Document on basic design appraisal by a competent authority;
• Construction design verification report (Clause 4, Article 41, Decree 15/2021/ND-CP);
• Fire protection design approval certificate (Decree 136/2020/ND-CP);
• Environmental impact assessment report (Environmental Protection Law 2020);
• Two sets of design drawings, including:
  • Master plan, infrastructure connection diagram;
  • Architectural, floor plan, and sectional drawings;
  • Structural, foundation, and factory frame drawings.

For linear projects:

• Application for a construction permit;
• Documents proving land use rights or land recovery decision;
• Similar design appraisal, environmental assessment, and FPF documents as required for non-linear projects;
• Location diagram, floor plan, and sectional design drawings.

2.2. Implementation Steps

S1: Prepare and submit the application

The investor prepares all required documents according to Article 43, Decree 15/2021/ND-CP.

S2: Submit the application to the competent authority

The investor submits two sets of application documents to the construction permit issuing authority.

S3: Application processing

Within seven working days from the receipt of the application, the competent authority must appraise the documents and conduct on-site inspections. If additional documents are needed, the authority must notify the investor in writing. in the case the supplementary documents still do not meet the requirements, the authority must provide further guidance within five working days. If the application remains insufficient, the authority must notify the investor of the rejection within three working days.

Step 4: Issuance of the Construction Permit

Once the valid application is received, the competent authority must review and issue the construction permit within 20 days. If additional review is required, the authority must notify the investor in writing and report to higher management, with an extension of no more than 10 days.

3. Factory Planning

3.1. Design Standards

Factory design must comply with the following standards:

• Building density: Varies depending on construction height and must comply with QCVN 01:2021/BXD – National Technical Regulations on Construction Planning.
• Maximum height: According to the IP’s detailed planning and TCVN 2737:2020 – Load and Impact Design Standards to ensure structural safety.
• Setback distance:
  • Minimum 10m from the plot boundary for industrial facilities with significant impacts.
  • Minimum 6m for standard production factories.
  • Compliance with fire prevention distances under QCVN 06:2022/BXD – Fire Safety for Buildings.
• Compliance with TCVN 4604:2012 – Industrial Building Design Standards for structural integrity, materials, ventilation, and lighting.

3.2. Infrastructure Requirements

Factories must be equipped with:

• Electricity system:
  • Compliance with TCVN 7447-5-52:2015 – Low Voltage Electrical Installations.
  • Adequate transformer stations according to IP planning.
• Water supply and drainage system:
  • Compliance with QCVN 07-1:2016/BXD – National Technical Regulations on Infrastructure.
  • Sufficient capacity for both production and domestic use.
• Wastewater treatment system:
  • Compliance with QCVN 40:2021/BTNMT – Industrial Wastewater Standards.
  • Proper collection and treatment before discharge.
• Fire prevention and fighting system:
  • Compliance with Decree 136/2020/ND-CP and the Fire Prevention Law 2013.

4. Industrial Park Construction Standards

4.1. Technical Regulations

Construction must comply with the following regulations:

• QCVN 01:2021/BXD – Construction Planning Regulations.
• QCVN 06:2022/BXD – Fire Safety Standards.
• QCVN 07-3:2016/BXD – Industrial Park Infrastructure.
• TCVN 2737:2020 – Load and Impact Standards.

5. Acceptance Procedures

5.1. Inspection Process

The factory acceptance process must comply with Articles 23, 24, and 25 of Decree 06/2021/ND-CP on construction quality management and maintenance. The process includes:

Partial acceptance:

• Inspect construction quality at each stage (foundation, structural frame, walls, roof, etc.).
• Evaluate safety and compliance with TCVN 9366-1:2012 – Construction Acceptance Standards.
• Sign acceptance records.

Technical system acceptance:

• Electrical and water systems.
• Wastewater treatment system.
• Fire prevention and fighting (FPF) system.

Final acceptance:

• Inspect overall compliance with regulations and technical standards.
• Issue final acceptance records.

Post-acceptance permits: After acceptance, enterprises must obtain:

• Fire safety certification from the Fire Department.
• Wastewater discharge permit under Decree 08/2022/ND-CP.
• Environmental permit under the Environmental Protection Law 2020.
• Business operation permit from the IP Management Board.

5.2. Required Acceptance Documents

The required documents for final acceptance are listed in Appendix 6B of Decree 06/2021/ND-CP, including:

• Investment and contract documents.
• Survey and design documents.
• Construction quality management records.

6. Important Notes

Enterprises must:

• Strictly comply with environmental regulations.
• Ensure labor safety during construction.
• Regularly update legal changes.
• Cooperate closely with the IP Management Board.

7. Conclusion

Constructing a factory in an industrial park requires careful preparation and strict adherence to regulations. Understanding the process and procedures helps businesses save time, reduce costs, and ensure successful project implementation.

For detailed assistance with foreign investment procedures in industrial parks, please contact

Harley Miller Law Firm

• Hotline: +84 937215585
• Email: [email protected]
• Website: luatminhnguyen.com or hmlf.vn