Decision No. 315/2005/QD-BKH Regarding the delegation to the Management Board of Industrial Zones of Dak Nong Province for the formation of projects; receiving, examining project application files; issuing, amending, revoking Investment Licenses and managing foreign investment projects in industrial zones and export processing zones.

DECISION

Regarding the delegation of authority to the Management Board of Industrial Zones of Dak Nong Province in forming projects; receiving, examining project files; issuing, adjusting, revoking Investment Licenses and managing foreign investment projects in industrial zones and export processing zones 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 articles 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. 50/2003/QĐ-TTg dated April 14, 2003 of the Prime Minister regarding the establishment of the Management Board of Industrial Zones of Dak Lak Province;

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 2000;

Pursuant to Decision No. 32/2004/QĐ-TTg dated March 9, 2004 of the Prime Minister renaming the Management Board of Industrial Zones of Dak Lak Province to the Management Board of Industrial Zones of Dak Nong Province;

At the request of the People's Committee of Dak Nong Province in Circular No. 477/TTr-UB dated March 28, 2005,

1. The Management Board of Industrial Zones of Dak Nong Province (hereinafter referred to as the Management Board) shall be the focal point for guiding investors in the operation of Industrial Zones and Export Processing Zones 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 Dak Nong Province.

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;

2. Delegation of authority to the Management Board to receive, examine project files; issue, adjust, revoke Investment Licenses and manage activities of foreign investment projects in Industrial Zones and Export Processing Zones as specified in this Decision.

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

2. They are projects in the industrial sector and industrial service sector with a capital investment up to 40 million US dollars, except those 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 of the economic and technical sector is required.

DECISION:

Article 1

The process of issuing Investment Licenses shall be carried out according to the registration procedure for issuing Investment Licenses or the examination procedure for issuing Investment Licenses by the Management Board in close coordination with the Department of Planning and Investment and other 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 August 19, 2003.

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

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

Article 2. 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 amend and supplement the application for an Investment License according to the requirements of the Management Board.

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

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

3. For projects outside 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.

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

Article 3. Relevant Ministries and sectors providing opinions on the project, including in cases of adjustment of Investment Licenses, have the duty to reply in writing within 7 working days from the date of receipt of the project file; if no written opinion is provided beyond this period, it shall be deemed as approval of the project.

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

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.

For projects for which the Management Board is not authorized to issue Investment Licenses, after receiving them, the Management Board retains one set of the file (copy) and forwards the remaining sets of the project file 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 according to the provisions of 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.

1. The Management Board shall guide investors in implementing projects; carry out state management over activities in Industrial Zones and Export Processing Zones 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.

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

Quarterly, semi-annually, and annually, the Management Board shall compile reports on the issuance of Investment Licenses, adjustments to Investment Licenses, and the operational status of enterprises in Industrial Zones and Export Processing Zones under its management and submit them to the Ministry of Planning and Investment and the People's Committee of Dak Nong Province.

Article 5. The Investment License shall be drafted according to the model provided by the Ministry of Planning and Investment.

The Ministry of Planning and Investment shall create favorable conditions and monitor the Management Board's implementation of delegated tasks in accordance with regulations, and bear responsibility under the law and before the Government for the delegation stipulated in this Decision.

Article 6. For projects for which the Management Board is not authorized to issue Investment Permits, upon receipt, the Management Board retains one set of files (a copy) and forwards the remaining project files, along with the Management Board's opinion on the project, to the Ministry of Planning and Investment for examination and issuance of Investment Permits 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.

, Clause 1, Clause 2 Article 7a of this Regulation.

1. The Management Board guides investors in implementing projects; carries out state management over activities within industrial zones, export processing zones in accordance with the Regulations on Industrial Zones, Export Processing Zones, and High-Tech Zones issued together with Decision 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.

- Reduce the statutory capital contribution ratio of the Vietnamese party in joint ventures or when changing from a joint venture form 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 8. Quarterly, semi-annually, and annually, the Management Board compiles information on the issuance of Investment Permits, adjustments to Investment Permits, and the operational status of enterprises within industrial zones and export processing zones under its jurisdiction, and reports this information to the Ministry of Planning and Investment and the People's Committee of Dak Nong Province.

Article 9. The Ministry of Planning and Investment creates favorable conditions and monitors the Management Board's implementation of delegated tasks in accordance with regulations, and assumes responsibility under the law and before the Government for the delegation stipulated in this Decision.

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