Decision No. 67/BKH-KCN on delegating authority to the Management Board of the Vietnam-Singapore Industrial Park for the formation of projects, receiving, examining, issuing investment permits, and managing foreign-invested projects within the Vietnam-Singapore Industrial Park.

Pursuant to …;

Regarding the delegation of authority to the Management Board of the Vietnam-Singapore Industrial Park in forming projects, receiving, reviewing, issuing investment permits, and managing foreign-invested projects within the Vietnam-Singapore Industrial ParkTo facilitate the implementation of foreign-invested projects in industrial parks

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THE MINISTER OF PLANNING AND INVESTMENT

Pursuant to the Law on Foreign Investment in Vietnam dated November 12, 1996;

Pursuant to Decree No. 12/CP dated February 18, 1997 of the Government detailing the implementation of the Law on Foreign Investment in Vietnam;

Pursuant to Decree No. 192/CP dated December 28, 1994 of the Government promulgating the Regulations on Industrial Parks;

Pursuant to Document No. 39/BQL dated March 17, 1997 of the Management Board of Vietnam's Industrial Parks announcing the Prime Minister's opinion on delegating authority to the Management Board of the Vietnam-Singapore Industrial Park to issue Investment Permits;

In order to create favorable conditions for the implementation of foreign-invested projects at industrial parks.

Pursuant to …;

Article 1.

1. The Management Board of the Vietnam-Singapore Industrial Park shall be the focal point guiding investors into the Vietnam-Singapore Industrial Park. Project investment files shall be prepared according to the guidelines of the Ministry of Planning and Investment.

2. Delegating the Management Board of the Vietnam-Singapore Industrial Park to receive project investment files from foreign-invested projects investing in the Vietnam-Singapore Industrial Park and to review and issue Investment Permits for projects meeting the conditions stipulated in Article 2 of this Decision.

Article 2. Foreign-invested projects for which the Management Board of the Vietnam-Singapore Industrial Park (hereinafter referred to as the Management Board) is authorized to issue Investment Permits must meet the following conditions:

1. They are production projects under the jurisdiction of the Ministry of Planning and Investment (Group B as defined in Article 93 of Decree No. 12/CP dated February 18, 1997 of the Government);

2. They comply with the detailed planning and regulations of the Vietnam-Singapore Industrial Park approved;

3. They export at least 50% of their products (except for footwear, garments, and certain consumer goods where domestic supply already meets demand in terms of quantity and quality, the export ratio must reach at least 80%). Projects exporting below these ratios must obtain written approval from the Ministry of Planning and Investment before obtaining an Investment Permit;

4. Investors commit to self-funding foreign currency requirements;

5. They use new equipment; the use of second-hand equipment must comply with current regulations, and cases exceeding such regulations must obtain written approval from the relevant economic and technical management ministry before issuing an Investment Permit;

6. Comply with environmental protection, labor safety, and fire prevention and explosion control requirements.

Article 3. The project review shall be conducted by the Management Board in close coordination with the Provincial Department of Planning and Investment and other local authorities in accordance with the provisions of Article 92 of Decree No. 12/CP dated February 18, 1997 of the Government.

The Management Board is responsible for establishing working regulations, coordinating with local authorities, submitting them for approval by the People's Committee of the province, and reporting to the Ministry of Planning and Investment.

For projects meeting the conditions stipulated in Article 2 of this Decision, with a scale up to five million US dollars, the Management Board shall examine and issue an Investment Permit within fifteen days from the date of receipt of the project file.

For projects meeting the conditions stipulated in Article 2 of this Decision, with a scale over five million US dollars, upon receipt of the project file, the Management Board shall send the project file to the Ministry of Planning and Investment for comments. Within seven days from the date of receipt of the project file, the Ministry of Planning and Investment shall provide written comments.

The Investment Permit shall be drafted according to a unified model issued by the Ministry of Planning and Investment.

Where opinions from ministries and sectors are required regarding projects as stipulated in Points 3 and 5 of Article 2 of this Decision, within five days from the date of receipt of the project file, the Management Board shall send the project file to the relevant ministries and sectors. Ministries shall examine and respond in writing within seven days from the date of receipt of the project file. Within five days from the date of receipt of the written responses from the ministries, the Management Board shall decide on the project and notify the investor.

Article 4. Within seven days from the date of issuance of the Investment Permit, the Management Board shall submit the original Investment Permit to the Ministry of Planning and Investment, the Management Board of Vietnam's Industrial Parks, and send copies of the Investment Permit to the People's Committee of Binh Duong Province and other relevant agencies for monitoring and management.

Article 5. For projects for which the Management Board does not have the authority to issue Investment Permits, after receipt, the Management Board shall retain one set of the project file (a copy) and transfer the remaining project files along with the Management Board's comments on the project to the Ministry of Planning and Investment for review and issuance of Investment Permits in accordance with Articles 93 and 94 of Decree No. 12/CP dated February 18, 1997 of the Government.

Article 6. The Management Board shall guide investors in implementing projects and manage activities within the Vietnam-Singapore Industrial Park in accordance with the Regulations on Industrial Parks.

The Management Board shall carry out amendments and supplements to Investment Permits for projects for which the Management Board has been authorized to issue Investment Permits.

If the amendment or supplement to the Investment Permit exceeds the delegated authority, it must obtain written approval from the Ministry of Planning and Investment before making the amendment or supplement.

Article 7. Quarterly, every six months, and annually, the Management Board shall compile reports on the issuance of Investment Permits, amendments and supplements to Investment Permits, and the operational status of enterprises in the Vietnam-Singapore Industrial Park and submit them to the Ministry of Planning and Investment, the Management Board of Vietnam's Industrial Parks, and the People's Committee of Binh Duong Province.

Article 8. The Ministry of Planning and Investment shall create favorable conditions and monitor the Management Board's implementation of delegated tasks in accordance with the law, and shall be responsible before the law and the Government for the delegation stipulated in this Decision.

Article 9. This Decision shall take effect from the date of signing.