Decision No. 117/2004/QD-BKH On delegating authority to the Management Board of Chu Lai Open Economic Zone for issuing Investment Incentive Certificates under the Law on Encouraging Domestic Investment for investment projects in the Chu Lai Open Economic Zone

Pursuant to …;

Regarding the delegation to the Management Board of Chu Lai Economic Zone for issuing investment incentive certificates under the Law on Encouraging Domestic Investment for projects investing in Chu Lai Economic Zone

THE MINISTER OF PLANNING AND INVESTMENT

Pursuant to the Law on Encouraging Domestic Investment (Amended) No. 03/1998/QH10 dated May 20, 1998;
Pursuant to the Government Decree No. 51/1999/NĐ-CP dated July 8, 1999 detailing the implementation of the Law on Encouraging Domestic Investment (amended);
Pursuant to the Government Decree No. 35/2002/NĐ-CP dated March 29, 2002 amending and supplementing Appendix A, B, and C issued together with Government Decree No. 51/1999/NĐ-CP;
Pursuant to the Government Decree No. 164/2003/NĐ-CP dated December 22, 2003 detailing the implementation of the Law on Corporate Income Tax;
Pursuant to the Government Decree No. 61/2003/NĐ-CP dated June 6, 2003 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;
Pursuant to Decision No. 108/2003/QĐ-TTg dated June 5, 2003 of the Prime Minister on the establishment and issuance of the Regulation on the operation of Chu Lai Economic Zone;
Pursuant to Decision No. 184/2003/QĐ-TTg dated September 8, 2003 of the Prime Minister on the establishment of the Management Board of Chu Lai Economic Zone;
At the proposal of the People's Committee of Quang Nam Province at Report No. 2071/TTr-UB dated November 18, 2003,

Pursuant to …;

Article 1.

1. The Management Board of Chu Lai Economic Zone (hereinafter referred to as the Management Board) shall be the focal point guiding investors with projects investing in Chu Lai Economic Zone on registering to enjoy investment incentives.

2. Delegating the Management Board to receive and examine applications for investment incentives; decide on issuing or refusing to issue Investment Incentive Certificates for domestic investment projects investing in Chu Lai Economic Zone in cases specified in Clause 1, Article 4 of this Decision.

The procedures for registering investment incentives shall be carried out in accordance with the provisions of Circular No. 02/1999/TT-BKH dated September 24, 1999 of the Ministry of Planning and Investment.

Article 2Domestic investment projects reviewed and issued Investment Incentive Certificates by the Management Board must meet the following conditions:

1. Complying with the Master Plan, Charter, and Operation Regulations of Chu Lai Economic Zone, approved by competent authorities.

2. Being projects that meet the conditions for investment incentives prescribed in Decree No. 51/1999/NĐ-CP dated July 8, 1999 of the Government detailing the implementation of the Law on Encouraging Domestic Investment (amended); Decree No. 35/2002/NĐ-CP dated March 29, 2002 of the Government amending and supplementing List A, B, and C attached to Decree No. 51/1999/NĐ-CP; and Decree No. 164/2003/NĐ-CP of the Government detailing the implementation of the Law on Corporate Income Tax.

Article 3.

The examination and issuance of Investment Incentive Certificates by the Management Board shall be closely coordinated with the Department of Planning and Investment and local functional agencies in accordance with Decree No. 51/1999/NĐ-CP dated July 8, 1999 and Circular No. 02/1999/TT-BKH dated September 24, 1999 of the Ministry of Planning and Investment.

The Management Board is responsible for drafting the Working Regulation for coordination with local functional agencies, submitting it to the People's Committee of Quang Nam Province for approval and notifying the Ministry of Planning and Investment.

Article 4.

1. The Management Board shall organize the receipt, examination, and seek written opinions from relevant agencies if deemed necessary to decide on issuing, refusing to issue Investment Incentive Certificates or adjusting, supplementing Investment Incentive Certificates already issued for the following enterprises' investment projects:

Within seven working days from the date of issuance of new or supplementary Investment Incentive Certificates, the Management Board shall send certified copies of the Investment Incentive Certificates to the Ministry of Planning and Investment and the People's Committee of Quảng Trị Province.

- Enterprises established according to decisions of Ministers of Ministries, Heads of central competent agencies.

2. Issuing new or supplementary Investment Incentive Certificates shall be completed within twenty working days from the date the Management Board receives complete and valid files. Valid files are those containing all valid elements as stipulated in Section II of Circular No. 02/1999/TT-BKH dated September 24, 1999 of the Ministry of Planning and Investment. In case of refusal to issue an Investment Incentive Certificate, the Management Board must notify the investor in writing of the reasons.

If the file is invalid, within three working days from the date of receipt of the file, the Management Board must notify the investor to supplement and complete the file. The date of receipt of the file is the date the Management Board directly receives the file or the date received by post office stamp if the file is sent by post.

Reducing or withdrawing part or all investment incentives shall be completed within five working days from the date of receiving the investor's notification of not meeting the conditions to enjoy incentives.

Article 5. The Investment Incentive Certificate shall be drafted according to the model guided by the Ministry of Planning and Investment.

Within seven working days from the date of issuing new or supplementary Investment Incentive Certificates, the Management Board shall send a certified copy of the Investment Incentive Certificate to the Ministry of Planning and Investment and the People's Committee of Quang Nam Province.

Article 6. Every six months (before June 20 and December 20), the Management Board shall compile the situation of granting incentives in Chu Lai Economic Zone within the delegated scope, propose issues arising that need to be addressed, and submit reports to the Ministry of Planning and Investment.

Article 7. The Ministry of Planning and Investment shall create favorable conditions and inspect the Management Board's implementation of the delegation in accordance with regulations and bear responsibility before the law and the Government for the delegation in this Decision.

Article 8. This Decision takes effect fifteen days from the date of publication in the Official Gazette.