Decision No. 180/2006/QĐ-BKH on delegating authority to the Management Board of Industrial Zones of Quảng Bình Province for the formation of projects; receiving, examining project files; issuing, amending, revoking Investment Licenses and managing foreign-invested projects in industrial zones and export processing zones.

Pursuant to …;

Regarding the delegation of authority to the Management Board of Quang Binh Province Industrial Zones in forming projects; receiving, examining project files; issuing, amending, revoking Investment Licenses and managing foreign investment projects in industrial zones and export processing zones

THE MINISTER OF PLANNING AND INVESTMENT 

Pursuant to the Law on Foreign Investment in Vietnam dated November 12, 1996 and the Law Amending and Supplementing Certain Provisions of the Law on Foreign Investment in Vietnam in 2000;
Pursuant to Decree No. 24/2000/NĐ-CP dated July 31, 2000 of the Government detailing the implementation of the Law on Foreign Investment in Vietnam and Decree No. 27/2003/NĐ-CP dated March 19, 2003 amending and supplementing certain provisions of Decree No. 24/2000/NĐ-CP of the Government;
Pursuant to the Regulation on Industrial Zones, Export Processing Zones, and High-Tech Zones issued together with Decree No. 36/CP dated April 24, 1997 of the Government;
Pursuant to Decree No. 61/2003/NĐ-CP dated June 6, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;
Pursuant to Decision No. 233/1998/QĐ-TTg dated December 1, 1998 of the Prime Minister on the delegation of authority for issuing investment licenses for foreign direct investment projects;
Pursuant to Decision No. 176/2005/QĐ-TTg dated July 15, 2005 of the Prime Minister on the establishment of the Management Board of Quang Binh Province Industrial Zones;
Based on the proposal of the People's Committee of Quang Binh Province at Circular No. 212/UBND dated February 17, 2006,

DECISION: 

Article 1.

1. The Management Board of Quang Binh Province Industrial Zones (hereinafter referred to as the Management Board) shall be the focal point for guiding investors to invest in industrial zones, export processing zones, and operate according to the Regulation on Industrial Zones, Export Processing Zones, and High-Tech Zones issued together with Decree No. 36/CP dated April 24, 1997 of the Government within the territory of Quang Binh Province.

Project files shall be prepared in accordance with the guidelines of the Ministry of Planning and Investment.

2. Delegating the Management Board to receive, examine project files; issue, amend, revoke Investment Licenses and manage the operations of foreign investment projects in industrial zones and export processing zones as specified in this Decision.

Article 2Projects for which the Management Board is authorized to issue Investment Licenses must meet the following conditions:

1. Comply with the Master Plan and Regulations of the industrial zone or export processing zone that have been approved by the competent authority.

2. Be a project in the field of industry and industrial services with a capital investment up to 40 million US dollars, except for projects belonging to Group A as stipulated in Article 114 of Decree No. 24/2000/NĐ-CP dated July 31, 2000 and amended and supplemented in Clause 26 of Article 1 of Decree No. 27/2003/NĐ-CP dated March 19, 2003 of the Government.

3. Equipment, machinery, and technology must comply with current regulations; in cases where they do not meet these regulations, approval from the competent state management agency for the economic and technical sector is required.

4. Meet requirements for environmental protection, labor safety, and fire prevention and control.

Article 3.

The process of considering the issuance of Investment Certificates according to the registration procedure for Investment Licenses or the examination procedure for Investment Licenses shall be carried out by the Management Board in close coordination with the Department of Planning and Investment and local functional agencies as stipulated in Articles 104, 105, 106, 107, and 108 of Decree No. 24/2000/NĐ-CP dated July 31, 2000 and amended and supplemented in Clauses 22 and 23 of Article 1 of Decree No. 27/2003/NĐ-CP dated March 19, 2003.

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

Article 4.

1. The Management Board shall organize the examination and make its own decision on issuing Investment Licenses for the following types of projects:

- Export processing enterprises with a capital investment up to 40 million US dollars;

- Industrial production enterprises and industrial service enterprises with a capital investment up to 5 million US dollars and meeting the provisions of Article 2 of this Decision.

2. The time limit for the Management Board to examine and issue Investment Licenses is 15 working days from the date of receipt of the project file, excluding the time taken by the investor to modify and supplement the application for an Investment License upon request of the Management Board.

Any requests by the Management Board for the investor to modify and supplement the application for an Investment License or an amendment to the Investment License must be completed within 7 working days from the date of receipt of the project file.

3. For projects outside the scope of the provisions set forth in Clause 1 of this Article, before making a decision, the Management Board is responsible for sending a summary of the project to the Ministry of Planning and Investment; seeking opinions from relevant Ministries and sectors on issues within their jurisdiction.

Ministries and sectors whose opinions are sought on the project, including in cases of amending Investment Licenses, are required to respond in writing within 7 working days from the date of receipt of the project file: if no written opinion is received within the said period, it shall be deemed as approval of the project.

Article 5.

The Investment License shall be drafted according to the model provided by the Ministry of Planning and Investment.

Within 7 working days from the date of issuance of the Investment License or the amended Investment License, the Management Board shall send the original Investment License or the amended Investment License to the Ministry of Planning and Investment, the People's Committee of Quang Binh Province, and copies to the Ministry of Finance, the Ministry of Trade, the Ministry of Economic and Technical Management, and other relevant state management agencies.

Article 6For projects for which the Management Board is not authorized to issue Investment Licenses, after receiving them, the Management Board shall retain one set of files (a copy) and forward the remaining sets of project files along with the Management Board's comments on the project to the Ministry of Planning and Investment for examination and issuance of the Investment License in accordance with Articles 109 and 114 of Decree No. 24/2000/NĐ-CP dated July 31, 2000 and Decree No. 27/2003/NĐ-CP dated March 19, 2003 of the Government.

Article 7.

1. The Management Board shall guide investors in implementing projects; carry out state management over activities within industrial zones, export processing zones according to the regulations set forth in the Industrial Zone and Export Processing Zone Regulation issued together with Decree No. 36/CP dated April 24, 1997 of the Government.

2. The Management Board shall adjust Investment Licenses for investment projects that have been authorized to issue Investment Licenses within the authorized investment capital limit.

3. In cases where the Management Board decides with the agreement of the Ministry of Planning and Investment:

- Adjusting the Investment License such that it exceeds the authorized investment capital limit, changes the project's objectives, or adds new objectives to projects listed in the conditional investment sectors.

- Reducing the statutory contribution ratio of the Vietnamese party in joint ventures or converting joint ventures to 100% foreign investment.

- Dissolving foreign-invested enterprises or terminating business cooperation contracts before the agreed term.

4. The Management Board shall decide on the dissolution of enterprises and the revocation of Investment Licenses in accordance with current regulations.

Article 8Quarterly, every six months, and annually, the Management Board shall compile information on the issuance of Investment Licenses, adjustments to Investment Licenses, and the operational status of enterprises within industrial zones and export processing zones under its jurisdiction, and submit reports to the Ministry of Planning and Investment and the People's Committee of Quang Binh Province.

Article 9The Ministry of Planning and Investment shall provide all favorable conditions and supervise the Management Board's implementation of authorized tasks in accordance with regulations, and shall be responsible under the law and before the Government for the authorization stipulated in this Decision.

Article 10This Decision shall take effect fifteen days from the date of publication in the Official Gazette.