Decision No. 324/2006/QD-BKH on delegating authority to the Management Board of Chan May - Lang Co Economic Zone, Thua Thien Hue Province for the formation of projects; receiving, examining project files; issuing, adjusting, revoking Investment Licenses and managing activities of foreign direct investment projects within the Chan May - Lang Co Economic Zone.

Pursuant to …;

Regarding the delegation of authority to the Management Board of Chân Mây – Lăng Cô Economic Zone, Thua Thien Hue Province for project formation; receipt, examination of project files; issuance, adjustment, revocation of investment permits and management of foreign direct investment projects within the Chân Mây – Lăng Cô Economic Zone

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;

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 to issue investment permits for foreign direct investment projects;

Pursuant to Decision No. 04/2006/QĐ-TTg dated January 5, 2006 of the Prime Minister on the establishment and issuance of the Regulation on the operation of the Chân Mây – Lăng Cô Economic Zone, Thua Thien Hue Province;

Pursuant to Decision No. 26/QĐ-TTg dated January 6, 2006 of the Prime Minister approving the Project "Orientation for Development of the Chân Mây – Lăng Cô Economic Zone, Thua Thien Hue Province until 2020";

Pursuant to Decision No. 385/QĐ-TTg dated March 9, 2006 of the Prime Minister on the establishment of the Management Board of the Chân Mây – Lăng Cô Economic Zone, Thua Thien Hue Province;

Pursuant to Document No. 1602/VPCP-ĐP dated March 29, 2006 of the Office of the Government informing the Prime Minister's opinion on delegating authority to issue Investment Permits to the Management Board of the Chân Mây – Lăng Cô Economic Zone, Thua Thien Hue Province;

Based on the proposal of the People's Committee of Thua Thien Hue Province at Document No. 629/UBND-CV dated March 6, 2006.

Pursuant to …;

Article 1.

1. The Management Board of the Chân Mây – Lăng Cô Economic Zone (hereinafter referred to as the Management Board) shall be the focal point for guiding investors to invest in the Chân Mây – Lăng Cô Economic Zone and operate according to the Regulation on the Operation of the Chân Mây – Lăng Cô Economic Zone issued together with Decision No. 04/2006/QĐ-TTg dated January 5, 2006 of the Prime Minister; 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, and other relevant laws on foreign investment.

2. Delegating the Management Board to receive, examine project files; issue, adjust, revoke Investment Permits and manage the activities of foreign direct investment projects investing in the Chân Mây – Lăng Cô Economic Zone as stipulated in this Decision.

Article 2. The examination and approval of Investment Permits for foreign direct investment projects investing in the Chân Mây – Lăng Cô Economic Zone shall be carried out according to the registration procedures for issuing Investment Permits implemented by the Management Board as provided for in this Decision.

Article 3.

1. Foreign direct investment projects investing in the Chân Mây – Lăng Cô Economic Zone that are approved according to the registration procedures for issuing Investment Permits delegated to the Management Board must simultaneously meet the following conditions:

a) Comply with the Master Plan and the Regulation on the Operation of the Chân Mây – Lăng Cô Economic Zone approved by the competent authority;

b) Not belong to Group A projects as defined in Clause 1 Article 114 of Decree No. 24/2000/NĐ-CP dated July 31, 2000 and amended and supplemented in Clause 26 Article 1 of Decree No. 27/2003/NĐ-CP dated March 19, 2003 of the Government;

c) Not belong to sectors where the delegation of authority to issue Investment Permits is not decentralized as defined in Clause 2 Article 115 of Decree No. 24/2000/NĐ-CP dated July 31, 2000 and supplemented in Clause 27 Article 1 of Decree No. 27/2003/NĐ-CP dated March 19, 2003 of the Government;

d) Not belong to the List of Sectors Subject to Conditions for Investment issued together with Decree No. 24/2000/NĐ-CP dated July 31, 2000 and Decree No. 27/2003/NĐ-CP dated March 19, 2003 of the Government;

2. The project file for registering Investment Permits shall be implemented according to Clause 1 and 2 Article 106 of Decree No. 24/2000/NĐ-CP dated July 31, 2000 and amended and supplemented in Clause 23 Article 1 of Decree No. 27/2003/NĐ-CP dated March 19, 2003 of the Government. The application for Investment Permit shall be prepared according to Form 1 and the accompanying documents shall be prepared according to Forms 2.b, 3.b, and 4.b of Appendix II issued together with Circular No. 12/2000/TT-BKH dated September 15, 2000 of the Ministry of Planning and Investment guiding foreign investment activities in Vietnam.

In cases where investment projects fall within the list of projects required to prepare an Environmental Impact Assessment Report, investors shall implement according to Circular No. 490/1998/TT-BKHCNMT dated April 29, 1998 of the Ministry of Science, Technology, and Environment guiding the preparation and review of Environmental Impact Assessment Reports for investment projects and submit them along with the project file for registering Investment Permits.

3. The Management Board shall issue Investment Permits when the project file for registering Investment Permits submitted by the investor meets the conditions and procedures stipulated in Clauses 1 and 2 of this Article.

4. Within fifteen working days from the date of receiving a valid project file, excluding the time taken for the investor to amend and supplement the project registration file for Investment Permits upon request of the Management Board, the Management Board shall issue Investment Permits for projects meeting the requirements.

Any requests by the Management Board for the investor to amend and supplement the project registration file for Investment Permits, Investment Permit amendments shall be completed within seven working days from the date of receipt of the project file.

5. For projects in Group B that do not have a list in the approved industry development plan or product planning, before issuing the Investment License decision, the Management Board shall be responsible for sending a Project Summary to the Ministry of Planning and Investment; seeking opinions from relevant Ministries and sectors on matters within their jurisdiction to be reviewed and approved.

The Ministries and sectors whose opinions are sought regarding the project, including cases of amending the Investment License, shall have the duty to reply in writing within ten working days from the date of receipt of the project dossier; if there is no written opinion beyond this period, it shall be deemed as approval of the project.

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

Article 5. For projects where the Management Board is not authorized to issue the Investment License, after receiving them, the Management Board shall retain one set of the dossier (a copy) and transfer the remaining sets of the project dossier along with the Management Board's comments on the project to the Ministry of Planning and Investment for registration to obtain the Investment License in accordance with Articles 105 and 106 of Decree No. 24/2000/NĐ-CP dated July 31, 2000, supplemented and amended by Clauses 22 and 23 of Article 1 of Decree No. 27/2003/NĐ-CP dated March 19, 2003 of the Government, or for assessment to issue the Investment License in accordance with Articles 109 and 114 of Decree No. 24/2000/NĐ-CP dated July 31, 2000, amended and supplemented by Clause 26 of Article 1 of Decree No. 27/2003/NĐ-CP dated March 19, 2003 of the Government.

Article 6.

1. The Management Board shall guide investors in implementing the project; carry out state management over activities within the Chân Mây – Lăng Cô Economic Zone in accordance with the Operating Regulations of the Chân Mây – Lăng Cô Economic Zone, Thua Thien Hue Province issued together with Decision No. 04/2006/QĐ-TTg dated January 5, 2006 of the Prime Minister; the Industrial Park, Export Processing Zone, High-Tech Park Regulations issued together with Decree No. 36/CP dated April 24, 1997 of the Government, and other regulations on foreign investment.

2. The Management Board shall implement amendments to the Investment License for projects that have been authorized to issue the Investment License within the authorized capital investment limit. Amendments to the Investment License shall be carried out in accordance with Articles 15, 16, 17, 18, and 19 of Circular No. 12/2000/TT-BKH dated September 15, 2000 of the Ministry of Planning and Investment guiding foreign investment activities in Vietnam.

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

a) Due to the amendment of the Investment License, the project exceeds the authorized limit specified in Clause 1 of Article 3 of this Decision but still falls under Group B projects within the jurisdiction of the Ministry of Planning and Investment; changing or adding objectives of the project listed in the Conditional Investment Sectors List;

b) Reducing the statutory shareholding ratio of the Vietnamese Party in joint ventures or converting joint ventures to 100% foreign direct investment;

c) Dissolving foreign-invested enterprises or terminating Joint Venture Contracts before the term.

4. If due to the amendment of the Investment License, the project becomes a Group A project, it must be approved in writing by the Prime Minister before the amendment.

5. The Management Board shall decide to dissolve enterprises and revoke Investment Licenses in accordance with current regulations.

Article 7. Quarterly, every six months, and annually, the Management Board shall compile information on the issuance of Investment Licenses, amendments to Investment Licenses, and the operational status of enterprises within the Chân Mây – Lăng Cô Economic Zone under its jurisdiction and report to the Ministry of Planning and Investment and the People's Committee of Thua Thien Hue Province.

Article 8. 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 under the law and before the Government for the delegation stipulated in this Decision.

Article 9. This Decision shall take effect fifteen days after its publication in the Official Gazette./.