Decision No. 382/2006/QD-BKH On delegating authority to the Management Board of Cham May - Lang Co Economic Zone, Thua Thien Hue Province to issue Investment Incentive Certificates under the Law on Encouraging Domestic Investment (within the Ministry of Planning and Investment's jurisdiction) for investment projects in the Cham May - Lang Co Economic Zone.

Pursuant to …;

Regarding the Delegation to the Management Board of the Chân Mây – Lăng Cô Economic Zone, Province of

Thừa Thiên Huế to Issue Investment Incentive Certificates in Accordance with the Law on Encouraging Domestic Investment (within the jurisdiction of the Ministry of Planning and Investment)

for Projects Invested in the Chân Mây – Lăng Cô Economic Zone

MINISTER OF PLANNING AND INVESTMENT

____________________

Pursuant to the Law on Encouraging Domestic Investment (amended) No. 03/1998/QH10 dated May 25, 1998;

Pursuant to Decree No. 51/1999/NĐ-CP dated July 8, 1999 of the Government detailing the implementation of the Law on Encouraging Domestic Investment (amended);

Pursuant to Decree No. 35/2002/NĐ-CP dated March 29, 2002 of the Government amending and supplementing List A, B, and C issued as an appendix to Decree No. 51/1999/NĐ-CP;

Pursuant to Decree No. 164/2003/NĐ-CP dated December 22, 2003 of the Government detailing the implementation of the Law on Corporate Income Tax;

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. 04/2006/QĐ-TTg dated January 5, 2006 of the Prime Minister establishing and promulgating the Regulations on the Operation of the Chân Mây – Lăng Cô Economic Zone, Province of Thừa Thiên Huế;

Pursuant to Decision No. 385/QĐ-TTg dated March 9, 2006 of the Prime Minister establishing the Management Board of the Chân Mây – Lăng Cô Economic Zone, Province of Thừa Thiên Huế;

Considering Circular No. 869/UBND-CN dated March 23, 2006 of the People's Committee of Thừa Thiên Huế Province.

1. The Management Board of the Chân Mây – Lăng Cô Economic Zone (hereinafter referred to as the Management Board) shall be responsible for guiding investors with projects invested in the Chân Mây – Lăng Cô Economic Zone (hereinafter referred to as the Economic Zone) regarding the registration for investment incentives.

Pursuant to …;

Article 1

2. The Management Board is authorized to receive and examine applications for investment incentives, decide on issuing or refusing to issue Investment Incentive Certificates for domestic investment projects in the Economic Zone in cases specified in Article 3 of this Decision. The procedures and formalities for registering investment incentives, and the forms of documents used in issuing Investment Incentive Certificates shall be carried out in accordance with Circular No. 02/1999/TT-BKH dated September 24, 1999 of the Ministry of Planning and Investment.

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

Article 2. 1. They must comply with the Master Plan and Regulations of the Economic Zone, approved by the Prime Minister or competent authority.

2. They must be projects that satisfy 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 issued as an appendix to Decree No. 51/1999/NĐ-CP; Decree No. 164/2003/NĐ-CP of the Government detailing the implementation of the Law on Corporate Income Tax; Decision No. 190/2005/QĐ-TTg dated July 28, 2005 of the Prime Minister amending and adjusting List B and C issued as an appendix to Decree No. 35/2002/NĐ-CP dated March 29, 2002 of the Government; Decree No. 149/2005/NĐ-CP dated December 8, 2005 of the Government detailing the implementation of the Law on Export Duties, Import Duties, and current legal regulations on encouraging and incentivizing investment.

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, or adjusting and supplementing Investment Incentive Certificates already issued for investment projects of enterprises as follows:

Article 3

- Enterprises established by decisions of the Prime Minister;

- Enterprises established by decisions of Ministers or heads of central-level agencies with competent authority.

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 Thừa Thiên Huế Province.

Article 4

Every six months (before June 20 and December 20), the Management Board shall compile the situation of investment incentives issued in the Economic Zone within its delegated scope, propose solutions to issues arising that need to be addressed, and submit reports to the People's Committee of Thừa Thiên Huế Province and the Ministry of Planning and Investment.

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

Article 5. Vo Hong Phuc