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Article 4 PROTECTIVE CONTROLS ON SPECIFIC

IMPROVEMENTS
1. Setback lines
1.1 The Tenant shall observe the following setback lines:

For property lines fronting the Ton Duc Thang Ten (10) meters from
road property line of the Plot

For property lines fronting the Nguyen Tat Ten (10) meters from
Thanh road property line of the Plot

For property lines fronting the Western Ten (10) meters from
boundary (from bench mark 1 to 4) property line of the Plot

For property lines fronting the Western Twenty-six (26) meters


boundary (from bench mark 4 to 6) from property line of the
Plot
For property lines fronting the Southern Six (06) meters from
boundary (from bench mark 6 to 24) property line of the Plot

For property lines fronting the Main Road Fifteen (15) meters from
property line of the Plot

For property lines fronting the Secondary Road Ten (10) meters from
property line of the Plot

For property lines fronting a neighboring Plot Six (06) meters from
property line of the Plot

For property lines fronting others As set out in Exhibit 1.

1.2 No structure of any kind, and no part or projection thereof, shall be


constructed or installed closer to a property line of the Plot than herein
provided. The following structures and Improvements are specifically
excluded from these setback provisions especially the structures within 3m
from the boundary of the plot must comply with Article 4, Clause 2.3:
1.2.1 Flag poles
1.2.2 Any underground structures such as underground water reservoir,
pipelines and conduits
1.2.3 Landscaping
1.2.4 Streets, alleys, driveways, sidewalks and pavements without roof
1.2.5 Fences, subject to Article 4.6
1.2.6 Gates and guardhouses used solely for security purposes
1.2.7 Parking place without roof, subject to Article 4.5
1.2.8 Wastewater pit
1.2.9 Ring Main Unit House
1.2.10 Facility for security system, exterior and security lighting, subject to
Article 4.8
1.2.11 Rain water drainage
1.2.12 Electric panel for waste water treatment whose size is not bigger than
100cm of width x 200cm of height
1.2.13 The outdoor unit of air conditioner
2. Landscaping
2.1 The Tenant shall be responsible for landscaping the Plot and maintaining it in
a well-kept condition including, but not limited to, trimming, watering and
fertilization. The landscaping in the Plot shall be harmonized with TLIPIII
public landscaping.
2.2 The Tenant shall maintain the following areas as a landscaping area in the
Plot:
For all property lines At least three (3) meters
from the property line
2.3 In the landscaping area, Tenant shall not install or build any structure,
improvement or building (such as curbstone, ditch…) permanently or
temporary on the ground except for the structures or buildings referred to in
Articles 4-1.2.1, 4-1.2.2, 4-1.2.3, 4-1.2.6, 4-1.2.9 and 4-1.2.10 and some
kinds of manhole (such as drainage manhole, sewage manhole) whose size
is not bigger than width 150cm x 150cm and maximum high is 20cm from
natural soil level and only then subject to TLIPIII’s prior approval in
accordance with Article 3.1.
2.4 The entire area between the property line and the building of any
Improvements shall be landscaped with an effective combination of trees,
ground cover and shrubbery.
2.5 All part of the plant and tree including, but not limited to, branches, boughs
and leaves shall be kept by the Tenant. No ivy and similar kind of creeping
plant, no kind of plant which frequently shed its leaves shall be
planted/erected for landscaping in the area close to the property lines in the
Plot.
2.6 If, in the sole opinion of TLIPIII, proper care and maintenance of any
landscaping area is not being exercised, TLIPIII may, upon having first given
fourteen (14) calendar days’ notice in writing to the Tenant, take such steps
to correct such improper maintenance, at the expense of the Tenant, as in its
sole discretion it may deem reasonable and necessary.
3. Plot entrance and exit
3.1 The number of entrance and/or exit gates that are allowed for each Plot are
as follows:
For a Plot which is less than thirty thousand One (1) gate
(30,000) square meters
For a Plot which is from thirty thousand (30,000) two (2) gates
square meters and less than one hundred and fifty
thousand (150,000) square meters
For a Plot which is one hundred and fifty thousand three (3) gates
(150,000) square meters and more

Should there be any requirement from the Tenant of which Plot is less than
thirty thousand (30,000) square meters and also located at the corner of inter-
section, TLIPIII may consider to allow such Tenant to have one more gate for
employee’s commuting purpose only in terms of traffic safety.
3.2 Exhibit 2 of these Regulations identifies prohibited areas for construction of
entrance(s) to the Plot. To ensure a safe and efficient flow of traffic,
construction of entrance(s) to the Plot along the highlighted area in Exhibit 2
is prohibited. In addition to these prohibited areas, the Tenant is prohibited
from constructing entrance(s) within ten (10) meters from the property line
bordering with a neighboring Plot, and also prohibited from construction at
the location of the street light and fire hydrant and electrical poles and valve
pit and lift pumping station and guardhouse in the Park.
3.3 The width of entrance (at the position which is contiguous to TLIPIII road) shall
not exceed thirty (30) meters.
3.4 Minimum distance from Tenant gate’s curb stone (including the curving part,
if any) to the outer edge of nearest IP’s electric pole is two (2) meters.
4. Building
4.1 Maximum Building Area and Height
4.1.1 The total building coverage of building “footprint” shall not exceed
sixty-five per cent (65%) of the total area of the Plot but need to comply
with applicable laws and regulations.
4.1.2 The maximum building height shall not exceed twenty (20) meters
vertical distance from the established ground elevation to the highest
point of the roof. However, buildings in excess of twenty (20) meters in
height may be allowed with prior written approval of TLIPIII in specific
cases such as factory production line; lightning rod.
4.2 All external sides of the Improvements that are visible from outside of the Plot
shall be, in the opinion of TLIPIII, architecturally and aesthetically suitable and
shall be properly maintained at all times.
5. Parking
5.1 On-street parking without permission of TLIPIII is prohibited within the Park.
The Tenant shall take full responsibility for its visitors, contractors and
employees. Any vehicle parked on the street without permission shall be
removed at TLIPIII’s sole discretion without prior notice and all costs involved
in removal shall be compensated by the relevant Tenant(s).
5.2 The Tenant shall designate a sufficient number of paved and dust-free all-
weather parking places within the Plot.
5.3 Open spaces on the setback areas can be utilized for parking place without
a roof.
6. Fencing
6.1 The Tenant shall build the fences fully enclosing its Plot on the property lines
as set out herein, only except for the entrance and exit as stated in Article 4.3,
the boundary fence built by TLIPIII and the provisions of Article 4.6.3.1 apply.
The fence works must be carried out in a year after receiving land from TLIPIII.
Before Tenant starts construction of Fences, Tenant shall submit design of
fence to TLIPIII for approval. The design of fence must be complied
specifications specified in Article 4 item 6.2 and 6.3 and 6.4.
6.2 Internal Roadway Fences
6.2.1 The Tenant shall erect the fences along Internal Roadways and
between the Tenant’s plot and TLIPIII common area in accordance with
Article 4.6.1. The fences shall be erected within the Tenant’s plot and
adjacent to the established property line of the Tenant’s plot. During
construction of the Fences, TLIPIII shall assign supervisors to ensure
that Fences are erected in accordance with Internal Regulations of
TLIPIII.
6.2.2 The height of fences along roadways shall be two point three (2.3)
meters from ground level (National Level: +9.20m).
6.2.3 Fences along Internal Roadways shall be open-type fences made of
painted wrought iron bars or galvanized chain-link fencing material
framed with galvanized pipes, and other similar types of fences. These
roadway fences shall be kept upright by galvanized pipes anchored to
the ground with appropriate concrete or solid masonry footing not
higher than thirty (30) centimeters from ground level (National Level:
+9.20m) .
6.2.4 No concealing fences such as those constructed from bamboo,
wooden or concrete block shall be erected at the front of any property
line facing the road. No barbed wire fences shall be erected.
6.3 Fences between Plots
6.3.1 The fences shall be constructed to separate Plots of the Tenants. The
center line of Fences between Plots shall be coincidentally constructed
by the first Tenant entering the Plot on the established property line
between Plots Subsequent Tenants entering neighboring Plots shall
bear 50% (fifty percent) of construction cost of joint fences (See below
for details). The fence shall be maintained in good condition at all times
and shall be repaired every three years, the repair costs will be divided
equally between adjacent Tenants. If subsequent Tenant does not like
the joint Fences constructed by previous Tenant, the Tenant may
construct another Fences adjacent to existing joint fences with
previous Tenant and does not have to share construction cost &
maintenance cost for joint fences with previous Tenants. Solid
masonry footing not higher than thirty (30) centimeters from ground
level (National Level: +9.20m). Non-concealing fences are
recommended.
Handling construction cost burden of joint fence

2nd Tenant
EPE Non-EPE
1st Tenant

EPE Invoice VAT Invoice (10%)

Non-EPE VAT Invoice (0%) VAT Invoice (10%)

TLIPIII obtained Official Letter (No. 11285/CT-TTHT) from Vinh Phuc Tax
Authority that this handling is legal.
6.3.2 Fences between Plots shall be of materials acceptable to TLIPIII,
plaster finish or painted where appropriate, and based on aesthetic
standards. Barbed wire shall not be used.
6.3.3 The maximum height of fences between plot shall be two point three
(2.3) meters from ground level (National Level: +9.20m) and
recommended to be two point three (2.3) meters.
6.4 Fences facing outside of the Park
Concealing fence can be allowed for fences facing outside of the Park
subject to the approval of TLIPIII. These fences shall be made of materials
acceptable to TLIPIII, plaster finish or painted where appropriate and
based on aesthetic standards. Barbed wire or other materials may be
also allowed to use for security purpose.
7. Signs
7.1 Signs or other advertising devices shall not be permitted without specific
written approval of TLIPIII and, if required, from any relevant authorities and
in strict compliance with applicable laws and regulations. Signs eligible for
approval will be only those identifying the name, logo, business and products
of the Tenant. Signs shall not be permitted to extend above the top of the
building to which they are affixed or placed on.
7.2 No signs shall be erected or maintained within the Plot except in conformity
with the following:
7.2.1 Signs visible from the exterior of the Improvements may be illuminated,
but signs or any other contrivance shall not be devised or constructed
so as to rotate, gyrate, blink or move in any animated fashion.
7.2.2 No sign shall be located closer than six (6) meters to any neighboring
premises.
7.2.3 The location, type, size, design and material of all signs shall first be
approved by TLIPIII, and then by the relevant authorities, if required.
7.2.4 Temporary signs are allowed during the construction period only with
prior written approval from TLIPIII and, if necessary, from the relevant
authorities. After completion of construction period, the temporary
signs must be removed by the Tenant.
8. Exterior lighting
8.1 All exterior and security lighting shall, at TLIPIII’s opinion, be compatible and
harmonious with the Improvements and the Park.
8.2 All electrical lines for exterior and security lighting shall be located
underground and shall be designed, erected and maintained in accordance
with the Plans duly approved in writing by TLIPIII in accordance with Article
3.1.
9. Loading and storage
9.1 Doors, openings or docks for loading and unloading activities shall be set
back to minimize their visibility from the Internal Roadways.
9.2 After completion of the Improvements, loading and unloading activities shall
be visually screened from the Internal Roadways, and in no event shall any
loading and unloading be conducted within the setback areas as set out in 1
of this Article. However, this Article 4.9.1 and 4.9.2 shall not be applied to the
Tenant of Rental Factory.
9.3 After completion of the Improvements, all materials, products, parts and
whatsoever shall be stored within the buildings on the Plot at all time and
outside storage is prohibited. Should there be any compelling reason,
temporary outside storage may be permitted with TLIPIII’s prior approval. In
any event, all outside storage shall not be allowed in a setback area and shall
be visually screened from the Internal Roadways and public road.
10. Water requirements
10.1 The Tenant must not establish any water wells or similar facilities on any
portion of the Plot and shall only use water supplied through TLIPIII’s common
water supply pipeline.
10.2 For the periodically or emergency maintenance of water supply facility, TLIPIII
has a right to shut down the water supply. The Tenant shall provide water
storage tanks and the capacity of the water storage tank shall be more than
twelve (12) hours of Tenant’s water consumption.
10.3 Water supplied within the Park shall be for the exclusive and sole use of the
Tenants within the Park and shall not be taken out of the Plot. Water supply
from TLIPIII’s water meter shall be supplied directly to Factory’s water
reservoir tank only and diameter of pipe must be not less than eighty percent
the cross section of TLIPIII’s inlet pipeline.

10.4 Connection work for water supply service between the common water supply
pipeline and water service connector in the Plot (including installation of water
meters) shall be carried out on the Tenant’s account by the contractor
approved by TLIPIII under the instruction of TLIPIII. Such connection work
shall be carried out with the attendance of TLIPIII and/or its assigns.
10.5 The Tenant shall be responsible for maintaining the water service connector
and the water supply pipeline as shown in Exhibit 3.2 and Exhibit 4.
10.6 Water supplied through the common water supply pipeline is metered by the
water meter installed by TLIPIII as set out in Article 4.10.4. At any time, TLIPIII
shall have the right to inspect such water meters.
10. 7 The Tenant acknowledges and agrees that the water supplied by TLIPIII is
not for drinking purposes, but for industrial purposes only.
10. 8 If the water meter suddenly went out of order, the water consumption for
Tenant at that time would be calculated as the formula below:
Average water consumption of Tenant (m3) = A/B * C
Is there:
A: Water consumption of Tenant within latest three months
(m3)
B: Total days of latest three months shall be calculated from
the date of beginning of 1st month to the date of the end of
3rd month, excluding the dates in which Tenant had long
holidays.
C: The Total days which the water meter was damaged shall
be calculated from the date of the end of 3rd month to the
date of replacing water meter by new water meter,
excluding the dates in which Tenant had long holidays.
11. Drainage system
11.1 Connection work for the drain between the sedimentation pit and the common
drain shall be carried out by the contractor approved by TLIPIII under the
instruction of TLIPIII. Such connection work shall be carried out with
attendance of TLIPIII and/or its assigns. The Tenant shall be responsible for
constructing the sedimentation pit in the Plot and its design shall be subject
to the TLIPIII’s approval in accordance with Article 3. The last sedimentation
pit (manhole) before discharging to TLIPIII system should be installed with
screen net in order to catch floating objects and should be installed with an
equipment for closing discharging in emergency case (such as valve, stop
plate…), and the Tenant is recommended to prepare standby sand bag near
the last sedimentation pit (manhole).
11.2 The Tenant shall properly and cleanly enclose and maintain all drains within
the plot, and also between the boundary and the common drain as shown in
Exhibit 3.3 and Exhibit 4. All the drainage water inside Plot shall be collected
and discharge by internal drainage system, then shall be completely
connected to TLIPIII’s drainage system.
11.3 The Tenant shall not dump any garbage, leftover food or the similar into the
drain.
11.4 Tenants shall connect the drainage system to TLIPIII drainage box culvert
only, not to the normal drainage manhole.
11.5 The quality of the drainage water shall conform the standard of National
Technical Regulation on surface water quality QCVN 08-MT:2015/BTNMT
issued by Ministry of Natural Resource and Environment of SRV or its
revisions, if any.
11.6 Any kind of water other than rainwater shall not be allowed to discharge to
drainage system.
11.7 Other drainage cases need to have specific solution to ensure compliance
with Article 4 item 11.5 and that solution need to get approval from TLIPIII in
advance.
12. Security and safety measures
12.1 The Tenant shall provide security and maintain safety prevention measures
and devices suitable for use, construction and operations in the Plot.
12.2 The Tenant shall install and maintain an effective fire alarm system and
firefighting system for each building in the Plot.
12.3 Any building within the Plot shall be equipped with a properly designed
lightning arrester.
13. Others
13.1 At its sole discretion, TLIPIII may allow exceptions to the Protective Controls
set out in this Article for reasons of emergency or physical impossibility of
strictly complying with such provisions or other similar allowable instances.
13.2 The Tenant shall comply with all the requirements imposed by all utility providers
within the Park (e.g., power, telecommunications, industrial gas, etc.).
13.3 The Tenant shall observe the service connections for power as shown in
Exhibit 3.1A, 3.1B and 3.1C and the same for telecommunications in
accordance with the contract or agreement with service providers between
the Tenant and/or its assignees. The Structures to be installed by TLIPIII for
the service connections for power to the Plot shall be controlled by TLIPIII all
times. The Tenant and its contractor shall not be allowed to enter into the said
Structures without TLIPIII’s written approval and attendance of TLIPIII and/or
its assigns. The Tenants shall register (and update, if any) their transformer
capacity with TLIPIII in advance.
13.4 The last sedimentation pit (manhole) of Tenant’s sewage system before
discharging to TLIPIII system should be installed with screen net for catching
floating objects and should be installed with an equipment for closing
discharging in emergency case (such as valve, stop plate…).

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