Decision No. 60/2006/QD-BKH on delegating authority to the Management Board of Nhon Hoi Economic Zone, Binh Dinh Province for forming projects; receiving and examining project files; issuing, adjusting, revoking Investment Licenses and managing activities of foreign direct investment projects within the Nhon Hoi Economic Zone.

Pursuant to …;

Regarding the delegation of authority to the Management Board of Nhon Hoi Economic Zone, Binh Dinh Province for the formation of projects; receipt, examination of project files; issuance, adjustment, revocation of Investment Licenses and management of activities of foreign direct investment projects in the Nhon Hoi Economic Zone

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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 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 regarding the delegation of authority to issue investment licenses for foreign direct investment projects;

Pursuant to Decision No. 141/2005/QĐ-TTg dated June 14, 2005 of the Prime Minister regarding the establishment and issuance of the Regulation on the operation of the Nhon Hoi Economic Zone, Binh Dinh Province;

Pursuant to Decision No. 142/2005/QĐ-TTg dated June 14, 2005 of the Prime Minister approving the Master Plan for Construction of the Nhon Hoi Economic Zone, Binh Dinh Province;

Pursuant to Decision No. 256/2005/QĐ-TTg dated October 18, 2005 of the Prime Minister regarding the establishment of the Management Board of the Nhon Hoi Economic Zone, Binh Dinh Province;

Pursuant to Document No. 2098/TTg-CN dated December 27, 2005 of the Prime Minister regarding the issuance of Investment Licenses for the Nhon Hoi Economic Zone, Binh Dinh Province;

At the request of the People's Committee of Binh Dinh Province at Proposal No. 107/TTr-UBND dated November 7, 2005,

DECISION:

Article 1.

1. The Management Board of the Nhon Hoi Economic Zone, Binh Dinh Province (hereinafter referred to as the Management Board) shall be the focal point guiding investors to invest in the Nhon Hoi Economic Zone and operate according to the Regulation on the Operation of the Nhon Hoi Economic Zone, Binh Dinh Province issued together with Decision No. 141/2005/QĐ-TTg dated June 14, 2005 of

2. Delegation of authority to the Management Board to receive, examine project files; issue, adjust, revoke Investment Licenses and manage the activities of foreign direct investment projects investing in the Nhon Hoi Economic Zone as stipulated in this Decision.

Article 2. The examination and approval of Investment Licenses for foreign direct investment projects investing in the Nhon Hoi Economic Zone shall be carried out according to the registration procedures for issuing Investment Licenses implemented by the Management Board in accordance with the provisions of this Decision.

Article 3.

1. Foreign direct investment projects investing in the Nhon Hoi Economic Zone that are approved according to the registration procedures for issuing Investment Licenses which the Management Board has been delegated to issue must simultaneously meet the following conditions:

a) Comply with the Master Plan and the Regulation on the Operation of the Nhon Hoi Economic Zone approved by the competent authority;

b) Not belong to Group A projects as stipulated 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;

c) Not belong to sectors where the delegation of authority to issue Investment Licenses is not provided for 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 promulgated 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 within the jurisdiction of the Ministry of Planning and Investment as stipulated 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 registration of Investment Licenses shall be implemented in accordance with 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 issuance of Investment Licenses shall be prepared according to Model 1 and accompanying documents shall be prepared according to Models 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 in accordance with 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 registration of Investment Licenses.

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

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

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

5. For Group B projects not included in the industry development plan or product planning already approved, before making a decision to issue Investment Licenses, the Management Board shall send a Summary of the Project to the Ministry of Planning and Investment; seek opinions from relevant Ministries and agencies on issues within their jurisdiction to be considered and approved.

Ministries and sectors that provide comments on the project, including cases where the Investment License is adjusted, shall respond in writing within ten working days from the date of receipt of the project dossier; if there is no written comment 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 Adjusted Investment License, the Management Board shall send the Investment License and the Adjusted Investment License to the Ministry of Planning and Investment, People's Committee of Binh Dinh Province (original copy) and the Ministry of Finance, Ministry of Trade, Ministry of Economic and Technical Management, and other relevant state management agencies (copies).

Article 5.

For projects for which the Management Board is not authorized to issue Investment Licenses, upon receipt, the Management Board shall retain one set of the dossier (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 issue Investment Licenses 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 examination to issue Investment Licenses 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; implement state management over activities within the Nhon Hoi Economic Zone in accordance with the operational regulations of the Nhon Hoi Economic Zone, Binh Dinh Province issued together with Decision No. 141/2005/QĐ-TTg dated June 14, 2005.

2. The Management Board shall adjust the Investment License for investment projects that have been authorized to issue Investment Licenses 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, guiding foreign investment activities in Vietnam by the Ministry of Planning and Investment.

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

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

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 Joint Venture Contracts before the term.

4. If due to the adjustment of the Investment License, the project becomes a Category A project, it must be

5. The management board decides to dissolve the enterprise and revoke all Investment Licenses in accordance with current regulations.

Article 7. Quarterly, every six months, and annually, the Management Board shall compile reports on the issuance of Investment Licenses, adjustments to Investment Licenses, and the operation of enterprises within the Nhon Hoi Economic Zone under its management and submit them to the Ministry of Planning and Investment and the People's Committee of Binh Dinh 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 takes effect fifteen days after its publication in the Official Gazette./.