Decision No. 320/2004/QD-BKH on delegating authority to the Management Board of Industrial Zones in Binh Phuoc Province for forming projects; receiving, examining project 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 Binh Phuoc Province for the formation of projects; the acceptance, examination of project files; issuance, adjustment, revocation of investment permits and management of foreign-invested projects within 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 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 articles of Decree No. 24/2000/NĐ-CP;
Pursuant to the Prime Minister's Decision No. 130/2005/QĐ-TTg dated June 2, 2005 establishing the Management Board of the Lao Bao Special Economic Zone - Trade Area, Quảng Trị Province;
Pursuant to the Regulations 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 Decision No. 233/1998/QĐ-TTg dated December 1, 1998 of the Prime Minister on the decentralization and delegation of authority to issue investment permits for foreign direct investment projects;
Pursuant to Decision No. 114/2003/QĐ-TTg dated June 10, 2003 of the Prime Minister on the establishment of the Management Board of Industrial Zones of Binh Phuoc Province;
At the request of the People's Committee of Binh Phuoc Province in Circular No. 237/UB-KKT dated February 19, 2004,

Pursuant to …;

Article 1:

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

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

2. Delegating the Management Board to accept project files of foreign-invested projects investing in the aforementioned industrial zones and export processing zones, examine and issue Investment Permits for projects meeting the conditions stipulated in this Decision.

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

1. In accordance with detailed planning and regulations of the industrial zone or export processing zone that have been approved.

2. Projects in the field of industry and industrial services with a scale up to 40 million US dollars, except those belonging to Group A as prescribed in Article 114 of Decree No. 24/2000/NĐ-CP dated July 31, 2000 of the Government 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 Permits shall be carried out according to the registration procedure for Investment Permits or the examination procedure for Investment Permits implemented by the Management Board in close coordination with the Department of Planning and Investment and other local functional agencies as prescribed in Articles 104, 105, 106, 107, 108 of Decree No. 24/2000/NĐ-CP dated July 31, 2000 of the Government and amended and supplemented in Clauses 22, 23 of Article 1 of Decree No. 27/2003/NĐ-CP dated March 19, 2003 of the Government.

The Management Board is responsible for drafting a working cooperation regulation with local functional agencies, submitting it to the People's Committee of Binh Phuoc Province for approval and notifying the Ministry of Planning and Investment.

Article 4:

1. The Management Board shall organize the examination and independently decide on the issuance of Investment Licenses for the following types of projects:

- Industrial production enterprises that are export processing enterprises with an investment capital up to 40 million US dollars;

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

2. The time limit for the Management Board to examine and issue Investment Permits is 15 working days from the date of receiving the project file, excluding the time taken by the investor to amend and supplement the application for Investment Permit according to the requirements of the Management Board.

Any requests made by the Management Board to the investor regarding the amendment and supplementation of the application for Investment Permit or Investment Permit Adjustment shall be completed within 7 working days from the date of receiving the project file.

3. For projects outside the above provisions, before making a decision, the Management Board is responsible for sending a summary of the project file 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 cases of Investment Permit Adjustment, are required to respond 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 will 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 issuing the Investment Permit or Investment Permit Adjustment, the Management Board shall send the Investment Permit or Investment Permit Adjustment to the Ministry of Planning and Investment, People's Committee of Binh Phuoc Province (original copy) and the Ministry of Finance, Ministry of Trade, Ministry of Economic and Technical Management, and other related state management agencies (copies).

Article 6: For projects not authorized to issue Investment Permits, after receiving them, the Management Board retains one set of the project file (copy) and forwards 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 Investment Permits in accordance with Articles 109 and 114 of Decree No. 24/2000/NĐ-CP dated July 31, 2000 of the Government 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 and export processing zones according to the Regulations on Industrial Zones, Export Processing Zones, and High-Tech Zones issued together with Decree No. 36/CP dated April 24, 1997 of the Government.

2. The Management Board shall implement adjustments to Investment Permits for projects that have been authorized to issue Investment Permits and also for Investment Permits issued by the Ministry of Planning and Investment within the authorized investment capital limit.

3. In cases decided by the Management Board with the agreement of the Ministry of Planning and Investment:

- Due to the amendment of the Investment License exceeding the authorized capital limit, changing the project objectives, or adding new objectives that fall under the List of 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 8: Quarterly, every six months, and annually, the Management Board shall compile information on the issuance of Investment Permits, adjustment of Investment Permits, and the operation of enterprises within industrial zones and export processing zones under its management and report to the Ministry of Planning and Investment and the People's Committee of Binh Phuoc Province.

Article 9: The Ministry of Planning and Investment shall create favorable conditions and inspect the Management Board's implementation of the delegated tasks in accordance with the regulations, and bear responsibility before the law and the Government for the delegation stipulated in this Decision.

Article 10: This Decision shall take effect fifteen days after its publication in the Official Gazette./.