Vietnam Industrial Guide

The level of overseas investment in Vietnam has grown dramatically in recent years, with actual Foreign Direct Investment (FDI) topping US$5 billion in 2005. A significant component of this investment has been in the establishment of factories, warehouses and other premises in the burgeoning range of industrial parks across Vietnam. The Vietnam Industrial Guide is aimed at providing corporate real estate (CRF) executives with a concise guide to the rapidly changing industrial market in Vietnam and addressing the key issues impacting business location decisions in Vietnam.

ECONOMIC LIBERALIZATION & DEVELOPMENT

Vietnam's economic liberalization (also referred to as "Doi Moi / Open Door" policy) began at the 6th Party Congress of 1985. Since then, the Southern Key Economic Region (focused on Ho Chi Minh City) and the Northern Key Economic Region (focused on Hanoi) and the Central Key Economic Region (centered on Da Nang) have emerged as the three major areas driving economic growth in Vietnam. While economic growth in these areas will continued to be supported, the focus has now shifted to a more balanced approach as the Vietnamese government hopes to close the gap between the Mekong Delta and central & northern mountainous regions with the big cities, while sustaining strong national growth.

THREE MAJOR ECONOMIC REGIONS

We have divided Vietnam's 64 provinces into 3 major economic regions : the Southern Key Economic Region (SKER); the Northern Key Economic Region (NKER); and the Central Key Economic Region (CKER). While recognising that other groupings and regions can be identified (eg the Cuu Long / Mekong Delta and around various border gates with Cambodia & Laos), this broader approach is consistent with government policy and adminjstrative divisions, which should ensure these regions will prove robust.

Table 1 : Three Major Economic

Regions

* -HCMC GDP – 2004 (Note : Binh Duong 2004 - $739).
** -Hanoi GDP - 2004
*** -National Average – 2004 (Note : Danang 2005 - $1,015).

SKER : - The SKER originally comprised Ho Chi Minh City, Dong Nai, Binh Duong and Ba Ria-Vung Tau provinces but in 2003 was joined by Binh Phuoc, Tay Ninh and Long An, and in 2005 by the Mekong Delta province of Tien Giang.

Accounting for 9.2% of the country's area and 17.7% of the country's population, the SKER's urbanisation rate is twice that of the rest of the coun­try.

The region attracts over 50% of the total annual foreign direct in­vestment and accounts for over one-third of the Gross Domestic Prod­uct (GDP), 60% of the State budget, 58% of the country's industrial values and 69.6% of the country's ex­port values and a 1% growth rate of the region increases the overall national growth by 0.3%.

GDP per capita last year was USD$1,330 and the unemploy­ment rate has fallen from 11.6% in 1996 to 5.96% last year.

NKER : - In 2004, the Prime Minister (PM) approved an ambitious plan to develop the North into a major economic zone over the next 15 years.

This Northern Key Economic Zone would incorporate the north-central provinces of Quang Ninh, Hai During, Hung Yen, Ha Tay, Vinh Phuc and Bac Ninh and the cities of Ha Noi and Hai Phong. Under plans until 2020, high ­tech industries would be the north­ern zone's top investment priori­ties, which include software, IT equipment, automation, robotics, high-grade steel and shipbuilding.

Ancillary industries such as vehicle parts and electrical com­ponents would also be a key fo­cus, with marine-based ecotourism, aquaculture and sea­food processing also placed high on the investment list. The development of human resources would play a major role in the region's economic future, with a series of vocational projects, including a vocational training centre in Vinh Phuoc Province and a high-quality vocational training centre for the entire region planned.

The Ministry of Industry will consider establishing a poly­technic university in Hung Yen Province. Transport systems in the region would incorporate ex­pressways such as the Ha Noi to ­Hai Phong link; direct rail links from Ha Noi to coal mines and the World Heri­tage site in Quang Ninh; in­ner-city metros; and railway systems for Ha Noi; as well as a deep-water port in Hai Phong.

Under the 15 year plan, Vietnam's northern region has also been set a variety of ambitious socio-economic targets. The region will aim to contribute 23-24% of GDP by 2010 - up from the 2005 tar­get of 21%. The target will reach 29% by 2020.

The region will also be chasing increased tax rev­enue of 26% of State budget revenue by 2010 - from 23% in 2005 - and this should rise to 29% by 2020. Its export targets have been set at USD$1,200 per capita per year by 2010 and USD$9,200 by 2020 - up from almost USD$450 in 2005.

Unemployment should reduce to 6.5% by 2010, and track under 4% in subsequent years. The north's poverty rate is expected to go down to 1.5% by 2010, and to less than 0.5% by 2020. Its population growth is expected to drop 1% in 2010 and be 0.8% by 2020.

Industrial Parks (IPs) and Export Processing Zones (EPZs) make up only 16% of Vietnam’s industrial production value and 6% of the country’s commodity exports. Between now and 2020, 16 IPs and EPZs will be developed with a total investment of USD$8 billion.

The Government will also allow the local governments in the zone to license for­eign investment projects of up to USD$40 million.

Other proposals include the establishment of a special region covering the whole border area between Yunnan Province and Vietnam's Lai Chau, Lao Cai and Ha Giang provinces, and a larger triangular region defined by the three points of Vietnam's Ha Noi, Hai Phong and Yunnan's capital of Kunming.

Deputy director of the Southeast Asian Study Insti­tute attached to Yunnan's Social Science Institute, Dr. Zhu Zhenmeng, said the two sides should quickly agree on a zone or co-operation area. He said the trade zone could be centred on the bor­der checkpoints of Hekou-Lao Cai; Jimping-Lai Chau and Manipho-Ha Giang. He added that develop­ment of this project was also in line with requirements to build one of the five pro­posed routes in the Greater Mekong Sub-region initi­ated by the Asian Develop­ment Bank.

CKER : - The distance between Hanoi and HCMC is 1,138km (2 hours flying time), most of which can be termed as being the central region.

Da Nang lies roughly in the middle and is also at the eastern end of the Asian Development Bank funded East-West Economic Corridor that runs from Mukdahan in Thailand to Savanakhet in central Laos which, it is hoped, will serve as the focal point for the de­velopment of central Vietnam.

However, because of the superior shipping conditions and capacity of other coastal provinces and central government’s desire to see other, more economically challenged provinces develop, a number of other locations represent attractive foreign investment destinations.

So, whilst it is difficult to define the CKER as a single region, it exists as a series of several large designated economic development zones, in particular : the 27,000 hectare Chan May-Lang Co Economic Commercial Zone in Thua Thien-Hue (including the development of indus­trial parks, tourism and enter­tainment, and tax-free areas around the Chan May deep water port, which can receive ships of 30,000 tonnes);

The 32,400 hectare Chu Lai Open Economic Zone – OEZ (including the 4,000 hectare former military Chu Lai Airport, a 2,500 hectare industrial park, a 2,100 hectare tourism and sports zone, a 1,550 hectare urban and services area, a 400 hectare free trade area and the 200 hectare Ky Ha seaport and services zone);

The 20,000 hectare Dung Quat Economic Zone (including a deep sea port and oil refinery); and the 12,000 hectare Nhon Hoi Economic Zone (including a 500 hectare duty free zone, a 1,500 hectare industrial park, a 1,000 hectare urban area, entertainment and tourist sites, and the 300 hectare Quy Nhon Port capable of accommodat­ing 30,000 ton ships).

INDUSTRIAL PARKS & EXPORT PROCESSING ZONES

As of 2004, there were approximately 106 industrial zones of varying size and quality across Vietnam. A few – approximately a dozen – are foreign invested Joint Ventures. The rest are either State Owned Enterprise (SOE) owned or Joint Ventures between SOE’s and private domestic enterprises (many of which have SOE involvement). Joint Ventures have a maximum life span of 50 years, so many of the zones can now only lease plots for less than 40 years.

Whilst is it normal to see the term “lease� or “sell� in this context, one should remember that, in effect the (foreign) “lessee� is “buying� a long term non-transferable lease, the consequences of which are that, from a valuation perspective, the land and building assets of the tenant company are “worthless� – since by definition, the “lease� cannot be sold, assigned, sub-leased, or even mortgaged! (Note – as a Vietnamese real estate company we can resolve this dilemma).

The zones are spread between 66 provinces, all of which are competing with each other for investment capital - especially foreign. Incentives that provincial authorities often use as bait for in­vestors involve tax breaks (cor­porate, import and value added taxes), cheap credit and low land rental prices.

The problem is that most of these incentives are so great that provincial authorities often have to use the local budget to fund them. This sort of mindset comes at the expense of local tax­payers, robbing the local authori­ties of any chance to improve lo­cal living standards.

It is also a fertile ground for favouritism and cronyism. Another problem is the race to build as many industrial zones as possible. Within six years, from 1998 to 2004, the total number of such zones more than doubled from 48 to 106.

The result is that many of them are still vacant and developers are trying hard to com­pete by lowering rent. Infact, many park developers have not built any infrastructure but have already leased land to companies (typically SOEs), partially because many provincial authori­ties do not themselves recover sites before allocating or leasing them, and instead leave developers to deal directly with residents when negotiating the terms of land compensation and resettlement.

In many cases deadlocks between developers and residents are caused if only several residents demand more money in compensation and refuse to move out. Authorities seem impotent to take any measures to relocate these residents and as a result developments fall behind schedule. Another problem is that it is common for provinces not to impose and / or enforce strict environ­mental protection requirements when courting investment, resulting in severe pollution that negatively impacts on the environment and local population.

There are two major categories, namely Industrial Parks (IP’s) and Enterprise Processing Zones (EPZ’s), with different levels of incentives being available in each. Incentives also not only vary between but within provinces, in favour of remoter and / or mountainous & economically challenges regions.

Corporate Income Tax (CIT) Incentives : - According to Decree 152/2004/ ND-CP dated 6th August 2004 regulations guiding the rates, exemptions and reductions to the standard rate of 28% CIT, the following tax incentives apply to IP & EPZ investors :

Typical Income Tax Incentives Inside & Outside IPs & EPZs

Tax on Profit Remitted Abroad : - From 1st January 2004, the repatriation of profits has not been subject to profit remittance tax.

Import Duties : - Foreign Invested Enterprises (FIEs) and parties to Business Co-Operation Contracts (BCCs) shall be entitled to exemption from import duties in respect of goods imported to form fixed assets, including :

• Machinery & equipment
• Specialized means of transport which form part of the technological process and vehicles used for workers transportation (automobiles of 24 seats or more; water craft).

Typically Encouraged Special Investment Projects

Open Economic Zones (OEZs) : - Typically, enterprises carrying on manufacturing and other business activities in OEZs, including domestic investors shall be completely exempt from CIT for 4 years after taxable incomes are first generated and enjoy a 50% rebate for the 9 subsequent years. Thereafter, a rate of 10% shall apply to such projects for 15 years from the time of starting the business. Existing companies which set up new production lines or expand old ones, renew technologies, set up waste treatment facilities or invest in enhancing productivity shall be exempt for 4 years from income tax on the increased incomes. They will also enjoy a 50% rebate for the 7 subsequent years at most. For foreign invested enterprises and foreign parties to business co-operation contracts that suffer losses after paying CIT may transfer such losses to subsequent years for deduction from their taxable incomes. Such transfers may be done for not more than 5 years. Investors are also typically exempt from import tax where the goods are of foreign origin (manufactured, processed, recycled or assembled in the non-tariff area or have at least 40% of their value originating from ASEAN as evidenced by certificates of ASEAN origin. If imported raw materials or components are used, import tax shall be imposed on the volume of the imported raw materials or components constituting such goods. Foreign invested enterprises investing in a OEZ shall not have to pay import tax on raw materials, supplies and components imported for production for 5 years from the time of commencing production.

FREQUENTLY ASKED QUESTIONS (FAQs)

1) What land tenure is available in Vietnam?

It is true there is no freehold land in Vietnam. Land can be purchased on a long-term lease, but not in perpetuity. The length of typical land leases varies from 30 years for office, expat apartment and retail projects to 50 years for residential projects. Industrial land is typically available for upto 50 years - at newly opened parks. Tourism investments (typically by the beach) usually also obtain 50 licences, and – depending upon the attitude of the individual province’s Peoples Committee ! - sometimes, 100% FIE (Foreign Invested Enterprise) licences (though not in any of the major cities). The financial scale of the investment / development also, naturally, has a significant influence. In this regard, several provinces have and do receive proposals for (typically) tourism and local residential projects in excess of USD$100 million to USD$1 billion. There are, however, a few “back-door� options that go a long way to resolving these issues for those interested in investing into Vietnam’s booming real estate market .

Note - as a Vietnamese real estate company, we are able to provide such services. Contact us for specific details with regard to your proposed investment – type / sector and size of investment.

2) Are pre-built facilities typically available within industrial parks in Vietnam, or will we be required to build our own premises?

A limited number of buildings have been constructed for immediate use in a very few of the larger industrial parks – typically foreign JVs. However, given the tiny number of options in terms of size & specification and lease-structure, and the high net-net-net cost - typically over USD$6.5 / sqm / month – the same as Madrid or anywhere in the USA !

Most industrial tenants however, prefer to purchase land and construct purpose built facilities on 40+ year long-term, non-assignable, non-transferable, non-mortgageable leases, which is why most foreign in vestment is by large MNCs (Multi-National Companies). To illustrate this, by the end of 2004, the average investment by 393 foreign invested projects in Dong Nai was USD$12.3 million, and the average investment per hectare in Dong Nai’s zones about USD$4 million. This also partially explains why there is so little investment by smaller-parts supplier type companies – to Vietnam’s enormous economic detriment. While options vary between parks, build-to-suit space can sometimes be procured on a sale-and-leaseback basis.

Note – as a Vietnamese real estate company, we are able to provide sale-and-leaseback / design-and-build type services on much more favourable terms & conditions. Contact us for specific details with regard to your proposed investment (BEFORE you invest !) – type, location & scale.

3) Do park authorities target specific industries?

While most park authorities and / or province’s Departments of Investment do target specific industries, they are also looking for tenants who can generate large tax revenues, employ large numbers of people and potentially bring suppliers or subsidiaries to their area. One measure that is often used is the "investment concentration ratio", which is a measure of how much a company will be investing and generating in revenues for any given amount of space.

4) How important is labour in making a location decision?

Labour cost and availability are key location criteria for many companies. While labour costs rose in early 2005, the availability of, what is still very cheap labour * continues to attract firms. In addition to base labour rates, firms are also required to make "social contributions" for such things as health care. These payments, that go directly to the government, can represent a significant proportion of an employee's base salary. In some circumstances, employers are also expected to provide housing adjacent to their facilities. With staff retention becoming a key challenge (turnover rates of 30% or more per annum ate being reported in some areas in some sectors), labour will remain a key location criteria.

* Minimum wage levels for Vietnamese employees doing the simplest tasks in normal working conditions in foreign invested enterprises have increased slightly (w.e.f. : 1st January 2006), to @USD$56 / month in urban districts of Hanoi & HCMC; @USD$50 in Haiphong-Bien Hoa-Vung Tau; & @USD$46 in other districts, prov­inces and cities.

5) How much do incentive levels vary between parks?

Incentives provided to potential tenants will vary depending upon the benefits they will bring to a park in the form of revenues, taxes and overall employment. Along with labour considerations, these incentives (particularly the tax breaks offered), generally prove to be key deciding factors for potential tenants, with the cost and availability of land being secondary considerations.

6) We have heard that Vietnam has been experiencing power shortages. Do those affect the country uniformly or are some areas more affected than others?

Power issues have been a key concern for companies in Vietnam and one that has received considerable attention from the government. Central government is currently trying to persuade companies to operate more during (early) “off-peak� energy-use hours, and forth-coming (significant) price-rises demanded by EVN (Electricity Vietnam), look like exerting more indirect economic pressure in this regard (Note – partially connected to / implications on the requirement to provide worker accommodation).

7) Are there obvious geographic areas were certain industry clusters exist?

Clusters of industries certainly do exist. For example, significant numbers of textile & garment, pottery & ceramic, and woodworking & furniture companies have set up / expanded operations in Binh Duong; and petro-chemical industries are being attracted to the Dung Quat oil refinery complex development.

8) Is logistics (warehousing or distribution) a key constraint for some areas of the country?

Unlike China, where rapid advances are being made in logistics and warehousing, Vietnam remains stuck in the last century! It is unbelievably difficult / almost impossible to lease / access a decent international standard logistic / warehousing space. With Vietnam’s entry to the WTO, this area of activity looks set to / MUST free-up a bit for foreign investors, presenting significant opportunities for those that want to invest in Vietnam in this sector.

Note - as a Vietnamese real estate company, we are able to provide such services. Contact us for specific details with regard to your proposed investment – location and size of investment.

9) How do labour skills vary across the country?

The number of working age people ac­counts for 60% of the country's population. Between 2001 and 2005, the number of working age people increased by an average of 2.4% per year, which was the high­est increase in Vietnam's history. It is forecast that the proportion of working age people will reach its peak in 2019. There are 24 million people working in the ag­ricultural and fishery sec­tors, while only 6 million are employed in the indus­trial, construction and serv­ice sectors. As much as 75% of the population lives in rural areas, and two-thirds of the country's households count agriculture as their mainstay.

With industry clusters now spread more widely across Vietnam, skilled technical labour can now be found across the country. We can assist you in understanding where your competitors are located, which is often a good indicator of where specific skills sets are found. We also work with HR consultants who will provide more detailed information about compensation and other location-specific issues.

10) How much of a concern is intellectual property protection?

There are certainly still challenges related to proprietary manufacturing processes, pharmaceutical formulas and other technologies. Some companies do not bring their most advanced intellectual property to Vietnam, while others put systems in place they feel confident will safeguard their knowledge. There is an increasing vigilance by local authorities (via central government’s WTO accession efforts), with specific parks beginning to form goups to help police and publicize intellectual property issues.

11) Can we outsource facilities management to 3rd party providers like we do at home?

Yes. A (very) few several providers including ourselves, offer this service to industrial tenants in Vietnam.

Note - as a Vietnamese real estate company, we are able to provide such services. Contact us for specific details with regard to your proposed investment – location and size of investment.

12) Is there a lengthy approval process before we can begin to construct a facility?

This process can be both lengthy and challenging. The following Flow-Chart’ indicates the major stages, although these and the timings can vary greatly. Our and our partners / associates assistance can be provided to companies through this process and we can discuss these with you in relation to specific facilities.

Basic Project Submission Procedure

PROJECT DEVELOPMENT PHASE (Estimated Length of Time: 60 - 90 days)

This stage plays a key role in the project schedule and cost. A series of studies and assessment reports are made and the project is registered with the relevant government agencies. There are numerous different approvals and other steps that need to be undertaken before progressing to the detailed design of the facility, including the following: -

• Feasibility Study Report & Approval
• Business License Registration
• Land Lease Contract
• Project Proposal & Approval
• Approved Survey Report & Mark-out
• Project Registration
• Land Selection Proposal & Land Using Certificate / Approval
• Signing of General Contract & Registration.

PROJECT DESIGN PHASE (Estimated Length of Time: 60 - 120 days)

• Concept (Planning) Permit Approval
• Preliminary Design Approval
• Drawings Provided
• Temporary Road & Facility Connection Approval Design,
• Construction Tendering
• Registration
• Acquiring Various Permits & Approvals
• Construction Drawing Approval
• Start Earthworks & Construction

PROJECT CONSTRUCTION PHASE (Estimated Length of Time: 4 months - 3 years)

• Formal Address Application & Approval
• Permanent Road Connection Application & Approval
• Green space Approval
• Fire Authority Approval
• Environment Approval
• Occupational Approval

ABOUT OUR INDUSTRIAL SERVICES

As a direct response to the increased demand from our clients for specialized industrial property expertise in Vietnam & Indochina, we have expanded our Industrial Services department. To help our clients achieve their strategic real estate outcomes, the Industrial Services department draws from the diverse skills within our Professional Services Department and our strong local market expertise. We provide our clients with advisory, transactions, projects and development services, facilities management and real estate outsourcing solutions. Our Industrial Services department has the resources, commitment and experience to provide an integrated solution specifically designed around the unique needs of the users and owners of industrial real estate.

ABOUT OUR RESEARCH

The Research team supports our Industrial Services business through the analysis of real estate markets, forecasts of future market conditions and the application of these trends to corporate real estate strategy. The Vietnam Industrial Guide forms part of our broader research programme to assist occupiers make quality location decisions.

ABOUT OUR CORPORATE SOLUTIONS

Corporations require real estate solutions that support their business strategies. Cost reduction, speed to market, flexibility, the work environment, and internal business unit satisfaction are key performance metrics that drive today’s corporate real estate performance. We provide the resources and expertise that enable real estate executives to make the right decisions to deliver quality results. Multi-disciplinary client teams work together reflecting the corporate real estate mandate and focus. We provide market leaders across office, industrial, retail and residential facilities with the following expertise : -

• Market forecasts
• Strategic occupancy planning
• Critical environment management
• Space acquisition & renegotiation
• Corporate finance
• Transaction management
• Lease administration & management
• Project & development management
• Move management
• Surplus space disposal
• Benchmarking
• Call center management
• Procurement & tendering
• Location analysis, site search & selection
• Expatriate housing
• Valuation & due diligence
• CRE organizational strategy
• Portfolio management
• Real time reporting
• Occupier research
• Account management