Decision No. 795/2004/QD-BKH on delegating authority to the Management Board of Industrial Zones in Ha Tay Province for the formation of projects; receiving, examining project files; issuing, amending, revoking Investment Licenses and managing foreign-invested projects in industrial zones and export processing zones.

DECISION OF THE MINISTER OF PLANNING AND INVESTMENT

Regarding the delegation of authority to the Management Board of Industrial Zones of Ha Tay Province in forming projects; receiving, examining project files; issuing, adjusting, revoking Investment Licenses and managing foreign-invested projects in industrial zones and export processing zones

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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 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 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 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 decentralization and delegation of authority to issue investment permits for foreign direct investment projects;

Pursuant to Decision No. 49/2003/QĐ-TTg dated April 14, 2003 of the Prime Minister on the establishment of the Management Board of Industrial Zones of Ha Tay Province;

At the request of the People's Committee of Ha Tay Province in Circular No. 2905 CV/UB-NV dated July 14, 2004,

DECISION:

Article 1:

1. The Management Board of Industrial Zones of Ha Tay Province (hereinafter referred to as the Management Board) shall be the focal point for guiding foreign investors in investing in industrial zones and export processing zones operating under 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 Ha Tay 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, adjust, revoke investment licenses and manage activities of foreign-invested projects in industrial zones and export processing zones as specified in this Decision.

Article 2: Projects for which the Management Board is authorized to issue Investment Licenses must meet the following conditions:

1. Comply with the Master Plan and 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 a capital investment up to 40 million US dollars, except those projects belonging to Group A as stipulated in Article 114 of Decree No. 24/2000/NĐ-CP dated July 31, 2000 and amended and supplemented at 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 issuing Investment Licenses according to the registration procedure for issuing investment licenses or the examination procedure for issuing investment licenses shall be carried out by the Management Board in close coordination with the Department of Planning and Investment and local functional agencies as stipulated in Articles 104, 105, 106, 107, 108 of Decree No. 24/2000/NĐ-CP dated July 31, 2000 and amended and supplemented at 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 Regulation on cooperation procedures with local functional agencies, submitting it to the People's Committee of Ha Tay Province for approval and notifying the Ministry of Planning and Investment.

Article 4:

1. The Management Board shall organize the examination and make its own decision on issuing Investment Licenses for the following types of projects:

- Export processing enterprises with a capital investment up to 40 million US dollars; 

- Industrial production enterprises and industrial service enterprises with a capital investment 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 taken by the investor to amend and supplement the application for an Investment License according to the requirements of the Management Board.

Any requests made by the Management Board to the investor regarding the amendment and supplementation of the application for an Investment License, Amendment License shall 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 summary of the project 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 the project, including cases of amending Investment Licenses, shall have the duty to reply in writing within 7 working days from the date of receipt of the project file; if no written opinion is received 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 provided by the Ministry of Planning and Investment.

Within 7 working days from the date of issuance of the Investment License or Amendment License, the Management Board shall send the Investment License and Amendment License to the Ministry of Planning and Investment, People's Committee of Ha Tay 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 6: For projects not authorized to issue Investment Licenses, after receiving them, the Management Board shall retain one set of files (copy) and transfer 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 Investment Licenses 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 shall guide investors in implementing projects; carry out state management over activities in industrial zones and export processing 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.

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 adjustment of the Investment License exceeding the authorized investment capital limit, changing the project objectives or adding project objectives in the List of Investment Fields with Conditions.

- Reducing the statutory contribution ratio of the Vietnamese party in joint ventures or converting joint ventures to 100% foreign investment.

- Dissolution of foreign-invested enterprises or termination of joint venture contracts before the expiration date.

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 shall compile statistics on the issuance of Investment Licenses, amendments to Investment Licenses, and the operation of enterprises in industrial zones and export processing zones under its management and submit reports to the Ministry of Planning and Investment and the People's Committee of Ha Tay 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 regulations, and bear responsibility under the law and before the Government for the delegation stipulated in this Decision.

Article 10: This Decision shall take effect fifteen days from the date of publication in the Official Gazette.