Decision No. 80/2006/QD-BKH On delegating authority to the Management Board of Nhon Hoi Economic Zone, Binh Dinh Province to issue Investment Incentive Certificates for projects investing in the Nhon Hoi Economic Zone under the Law on Encouraging Domestic Investment (within the Ministry of Planning and Investment's jurisdiction).

Pursuant to …;

Regarding the delegation of authority to the Management Board of Nhon Hoi Economic Zone, Binh Dinh Province to issue Investment Incentive Certificates under the Law on Encouraging Domestic Investment (the portion within the jurisdiction of the Ministry of Planning and Investment) for projects investing in

Nhon Hoi Economic Zone

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THE MINISTER OF PLANNING AND INVESTMENT

Pursuant to the Law on Encouraging Domestic Investment (amended) No. 03/1998/QH10 dated May 25, 1998;

Pursuant to the Government Decree No. 51/1999/NĐ-CP dated July 8, 1999 detailing the implementation of the Law on Encouraging Domestic Investment (amended);

Pursuant to the Government Decree No. 35/2002/NĐ-CP dated March 29, 2002 amending and supplementing Appendix A, B, and C issued together with Government Decree No. 51/1999/NĐ-CP;

Pursuant to the Government Decree No. 164/2003/NĐ-CP dated December 22, 2003 detailing the implementation of the Law on Corporate Income Tax;

Pursuant to the Government Decree No. 61/2003/NĐ-CP dated June 6, 2003 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

Pursuant to Decision No. 141/2005/QĐ-TTg dated June 14, 2005 of the Prime Minister establishing and promulgating the operational regulations of Nhon Hoi Economic Zone, Binh Dinh Province;

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

Considering the Memorandum of the People's Committee of Binh Dinh Province at document No. 107/TTr-UBND dated November 7, 2005,

DECISION:

Article 1.

1. The Management Board of Nhon Hoi Economic Zone (hereinafter referred to as the Management Board) shall be the focal point guiding investors with projects investing in Nhon Hoi Economic Zone (hereinafter referred to as the Nhon Hoi Economic Zone) regarding the registration for investment incentives.

2. Delegating the Management Board to receive and examine applications for investment incentives, decide on issuing or refusing to issue Investment Incentive Certificates for domestic investment projects in the Nhon Hoi Economic Zone in cases specified in Article 3 of this Decision.

The procedures and formalities for registering investment incentives, and the forms of documents used in issuing Investment Incentive Certificates shall be carried out in accordance with the provisions of Circular No. 02/1999/TT-BKH dated September 24, 1999 of the Ministry of Planning and Investment.

Article 2. Domestic investment projects reviewed and granted Investment Incentive Certificates by the Management Board must meet the following conditions:

1. Complying with the Master Plan and Regulations of the Nhon Hoi Economic Zone, approved by the Prime Minister or competent authorities.

2. Being projects that satisfy the conditions for investment incentives as prescribed in Government Decree No. 51/1999/NĐ-CP dated July 8, 1999 detailing the implementation of the Law on Encouraging Domestic Investment (amended); Government Decree No. 35/2002/NĐ-CP dated March 29, 2002 amending and supplementing Appendix A, B, and C issued together with Government Decree No. 51/1999/NĐ-CP; Government Decree No. 164/2003/NĐ-CP detailing the implementation of the Law on Corporate Income Tax; Decision No. 190/2005/QĐ-TTg dated July 28, 2005 of the Prime Minister amending and adjusting Appendix B and C issued together with Government Decree No. 35/2002/NĐ-CP dated March 29, 2002.

Article 3. The Management Board shall organize the receipt, examination, and seek written opinions from relevant agencies if deemed necessary to decide on issuing, refusing to issue, or adjusting and supplementing Investment Incentive Certificates already issued for investment projects of enterprises as follows:

- Enterprises established according to decisions of the Prime Minister.

- Enterprises established according to decisions of Ministers or heads of central agencies with competent authority.

Article 4. Within seven working days from the date of issuance of new or supplementary Investment Incentive Certificates, the Management Board shall send certified copies of the Investment Incentive Certificates to the Ministry of Planning and Investment and the People's Committee of Binh Dinh Province.

Every six months (before June 20 and December 20), the Management Board shall compile the situation of granting investment incentives in the Nhon Hoi Economic Zone within its delegated scope, propose solutions to emerging issues, and submit reports to the People's Committee of Binh Dinh Province and the Ministry of Planning and Investment.

Article 5. This Decision shall take effect fifteen days after its publication in the Official Gazette./.