Decision No. 416/2006/QĐ-BKH on delegating authority to the Management Board of the Special Economic and Trade Zone Lao Bao, Quang Tri Province for the formation of projects; receiving and examining project files; issuing, amending, revoking Investment Licenses and managing activities of foreign direct investment projects within the Special Economic and Trade Zone Lao Bao.

Pursuant to …;

Regarding the delegation of authority to the Management Board of the Special Economic Zone - Trade Lao Bao, Quang Tri Province in forming projects; receiving, examining project files; issuing, adjusting, revoking Investment Licenses; and managing activities of foreign direct investment projects within the Special Economic Zone - Trade Lao Bao

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;

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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 for issuing Investment Licenses for foreign direct investment projects;

Pursuant to Decision No. 189/1999/QĐ-TTg dated September 20, 1999 of the Prime Minister approving the General Orientation for the Master Plan of Construction of the Lao Bao Trade Zone, Quang Tri Province until 2020;

Pursuant to Decision No. 11/2005/QĐ-TTg dated January 12, 2005 of the Prime Minister promulgating the Regulation on the Special Economic Zone - Trade Lao Bao, Quang Tri Province;

Pursuant to Decision No. 130/2005/QĐ-TTg dated June 2, 2006 of the Prime Minister on the establishment of the Management Board of the Special Economic Zone - Trade Lao Bao, Quang Tri Province;

Based on the proposal of the People's Committee of Quang Tri Province at Official Letter No. 740/UBND-TM dated April 7, 2006.

1. The Management Board of the Special Economic Zone - Trade Lao Bao, Quang Tri Province (hereinafter referred to as the Management Board) shall be the focal point for guiding investors to invest in the Special Economic Zone - Trade Lao Bao, Quang Tri Province and operate according to the Operation Regulation of the Special Economic Zone - Trade Lao Bao issued together with Decision No. 11/2005/QĐ-TTg dated January 12, 2005 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 and examine project files; issue, adjust, revoke Investment Licenses and manage activities of foreign direct investment projects investing in the Special Economic Zone - Trade Lao Bao as specified in this Decision.

The examination and issuance of Investment Licenses for foreign direct investment projects investing in the Special Economic Zone - Trade Lao Bao shall be approved according to the registration process for issuing Investment Licenses that the Management Board implements as stipulated in this Decision.

1. Foreign direct investment projects investing in the Special Economic Zone - Trade Lao Bao, which are approved according to the registration process for issuing Investment Licenses that the Management Board is authorized to issue, must simultaneously meet the following conditions:

Pursuant to …;

Article 1.

a) Comply with the Planning and Operation Regulation of the Special Economic Zone - Trade Lao Bao 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 supplemented and amended in Clause 26 Article 1 of Decree No. 27/2003/NĐ-CP dated March 19, 2003 of the Government;

12/2025/TT-BNNMT dated June 19, 2025 issued by the Minister of Agriculture and Environmentc) Not belong to sectors where the delegation of authority for issuing Investment Licenses is not allowed 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;

Article 3.

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;

e) Be projects in the industrial sector, industrial service sector, and Group B projects under the jurisdiction of the Ministry of Planning and Investment as defined in Clause 2 Article 114 of Decree No. 24/2000/NĐ-CP dated July 31, 2000 of the Government with a scale up to 40 million US dollars.

2. Project files for registering Investment Licenses shall be implemented according to Clause 1 and 2 Article 106 of Decree No. 24/2000/NĐ-CP dated July 31, 2000 and supplemented and amended in Clause 23 Article 1 of Decree No. 27/2003/NĐ-CP dated March 19, 2003 of the Government. The application for registering Investment Licenses shall be prepared according to Form 1 and accompanying documents shall be prepared according to Forms 2.b, 3.b, 3.c, 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 under 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 files for registering Investment Licenses.

3. The Management Board shall issue Investment Licenses when the project files for registering Investment Licenses submitted by investors meet all the conditions and procedures stipulated in Clauses 1 and 2 of this Article.

4. Within fifteen working days from the date of receipt of valid files, excluding the time for investors to amend and supplement their registration files for Investment Licenses upon request of the Management Board, the Management Board shall issue Investment Licenses for projects meeting the conditions.

Any requests by the Management Board for investors to amend and supplement their registration files for Investment Licenses, Investment License amendments shall be completed within seven working days from the date of receipt of the project files.

In the case where the investment project falls within the list of projects required to prepare an environmental impact assessment report, the investor shall implement in accordance with the provisions of Circular No. 490/1998/TT-BKHCNMT dated April 29, 1998, issued by the Ministry of Science, Technology, and Environment, guiding the preparation and review of the Environmental Impact Assessment Report for investment projects, and submit along with the project registration dossier for Investment License issuance.

3. The Management Board issues the Investment License when the investor's project registration dossier for Investment License issuance meets all conditions and procedures stipulated in Clauses 1 and 2 of this Article.

4. Within fifteen working days from the date of receipt of a valid dossier, excluding the time for the investor to amend and supplement the Investment License issuance registration dossier according to the Management Board's requirements, the Management Board shall issue the Investment License for projects meeting the conditions.

All requests of the Management Board regarding the amendment and supplementation of the Investment License issuance registration dossier, and the amended Investment License, shall be carried out within seven working days from the date of receipt of the project dossier.

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.

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.

Article 4.

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

2. Within seven working days from the date of issuance of the Investment License or the Amended Investment License, the Management Board shall send the Investment License and the Amended Investment License to the Ministry of Planning and Investment, the People's Committee of Quang Tri Province (original copy) and the Ministry of Finance, the Ministry of Trade, the Economic and Technical Management Board, and other related State management agencies (copies).

Article 5.For projects where the Management Board is not authorized to issue the Investment License, after receiving them, the Management Board retains one set of the dossier (copy) and forwards the remaining sets of the project dossier along with the Management Board's comments on the project to the Ministry of Planning and Investment to register for issuance of the Investment License in accordance with Articles 105 and 106 of Decree No. 24/2000/NĐ-CP dated July 31, 2000, supplemented and amended at Clauses 22 and 23 of Article 1 of Decree No. 27/2003/NĐ-CP dated March 19, 2003 of the Government, or to review and 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 at 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 guides investors in implementing the project; carries out State management over activities in the Lao Bao Special Economic Zone - Trading Area in accordance with the operational regulations of the Lao Bao Special Economic Zone - Trading Area, Quang Tri Province issued together with Decision No. 11/2005/QĐ-TTg dated January 12, 2005 of the Prime Minister; the Industrial Zone, Export Processing Zone, High-Tech Park Regulations issued together with Decree No. 36/CP dated April 24, 1997 of the Government, and foreign investment laws.

2. The Management Board adjusts the Investment License for projects that have been authorized to issue the Investment License within the authorized capital investment limit. The adjustment of 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. Cases where the Management Board decides with the agreement of the Ministry of Planning and Investment:

a) Due to the adjustment of the Investment License, the project exceeds the authorized level 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 projects listed in the conditional investment fields;

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

c) Dissolving foreign-invested enterprises or terminating business cooperation contracts before the term.

4. In cases where the adjustment of the Investment License turns the project into a Group A project, it must be approved in writing by the Prime Minister before the adjustment.

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

Article 7. Quarterly, every six months, and annually, the Management Board compiles reports on the issuance of Investment Licenses, adjustments to Investment Licenses, and the operation of enterprises in the Lao Bao Special Economic Zone - Trading Area under its management and sends them to the Ministry of Planning and Investment and the People's Committee of Quang Tri Province.

Article 8. The Ministry of Planning and Investment shall create favorable conditions and supervise the Management Board in performing the tasks delegated in accordance with the regulations, and shall be responsible under the law and before the Government for the delegation of authority stipulated in this Decision.

Article 9. This Decision shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Decision No. 812/2005/QĐ-BKH dated August 22, 2005 of the Minister of Planning and Investment on delegating authority to the Management Board of the Special Economic Zone - Trade Lao Bao, Quang Tri Province regarding project formation; receiving and examining project files; issuing, adjusting, revoking investment permits and managing foreign-invested projects in industrial parks and export processing zones within the Lao Bao Special Economic Zone - Trade./.