Decision No. 395/2004/QĐ-BKH on delegating authority to the Management Board of Industrial Zones in Bac Giang Province for the formation of projects; receiving, examining project files; issuing, amending, revoking Investment Licenses and managing foreign investment projects in industrial zones and export processing zones.

 Pursuant to …;

Regarding the delegation of authority to the Management Board of Industrial Zones of Bac Giang Province 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 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 of the Government;

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 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 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. 261/2003/QĐ-TTg dated December 10, 2003 of the Prime Minister on the establishment of the Management Board of Industrial Zones of Bac Giang Province;

At the proposal of the People's Committee of Bac Giang Province in Circular No. 08/CV-UB dated April 6, 2004,

DECISION:

Article 1.

1. The Management Board of Industrial Zones of Bac Giang Province (hereinafter referred to as the Management Board) shall be the focal point for guiding investors in the operation of Industrial Zones, Export Processing Zones, and High-Tech Zones in accordance with 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 within the territory of Bac Giang 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 activities of foreign investment projects investing in Industrial Zones and Export Processing Zones as 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 compliance with the Master Plan, Charter, and Operation Regulations of the Industrial Zone or Export Processing Zone that have been approved by the competent authority.

2. Projects in the industrial and industrial service sectors with an investment capital up to 40 million US dollars, except those projects belonging to Group A as provided for 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 licenses through the registration procedure for investment license issuance or the examination procedure for investment license issuance shall be carried out by the Management Board in close coordination with the Department of Planning and Investment and local functional agencies in accordance with Articles 104, 105, 106, 107, 108 of Decree No. 24/2000/NĐ-CP dated July 31, 2000 and amended and supplemented in Clauses 22, 23 of Article 1 of Decree No. 27/2003/NĐ-CP dated March 19, 2003.

The Management Board shall be responsible for drafting the Working Regulation for cooperation with local functional agencies, submitting it to the People's Committee of Bac Giang 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:

- Export Processing Enterprises with an investment capital up to 40 million US dollars;

- Industrial production enterprises and industrial service enterprises with an investment capital 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 for the investor to modify and supplement the application file for Investment License issuance according to the requirements of the Management Board.

Any requests of the Management Board to the investor regarding the modification and supplementation of the application file for Investment License issuance, Investment License amendment 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 shall be responsible for sending a Project Summary to the Ministry of Planning and Investment; seeking opinions from Ministries and sectors on issues within their jurisdiction.

Ministries and sectors whose opinions are sought on projects, including cases of Investment License amendments, shall have the duty to reply in writing within 7 working days from the date of receipt of the project file; if there is no written opinion beyond the said period, it shall be deemed as approval of the project.

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

Within seven 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 Bac Giang Province, and copies thereof to the Ministry of Finance, the Ministry of Trade, the Ministry of Economic and Technical Industries, and other relevant state management agencies.

Article 6. For projects for which the Management Board is not authorized to issue an Investment License, upon receipt, the Management Board retains one set of the file (a 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 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 guides investors in implementing the project; carries out state management over activities within industrial zones, export processing zones in accordance with the regulations stipulated 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 implement the adjustment of Investment Licenses for projects that have been authorized to issue Investment Licenses 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, semi-annually, and annually, the Management Board compiles information on the issuance of Investment Licenses, amendments to Investment Licenses, and the operational status of enterprises within the managed industrial zones and export processing zones, and reports this information to the Ministry of Planning and Investment and the People's Committee of Bac Giang Province.

Article 9. The Ministry of Planning and Investment shall create favorable conditions and inspect the Management Board's implementation of delegated tasks in accordance with the provisions, and shall 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./.