Decision No. 812/2005/QĐ-BKH on delegating authority to the Management Board of the Lao Bao Economic and Trade Zone for the formation of projects; receiving, examining project files; issuing, amending, revoking Investment Licenses and managing foreign investment projects in industrial parks and export processing zones within the Special Economic and Trade Zone of Lao Bao.

DECISION OF THE MINISTER OF PLANNING AND INVESTMENT

Regarding the delegation of authority to the Management Board of the Lao Bao Economic-Zone for the formation of projects; the acceptance, examination of project files; issuance, adjustment, revocation of Investment Licenses and management of foreign investment projects in industrial zones and export processing zones within the Lao Bao Special Economic-Zone

become projects; receiving and examining project dossiers; issuing, adjusting, revoking Investment Permits and managing activities of foreign-invested projects in industrial parks,

export processing zones in the Special Economic Zone - Lao Bao Border Gate Economic Zone

export processing zone within the Lao Bao Special Economic Zone and Trade Area

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 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. 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. 189/1999/QĐ-TTg dated September 20, 1999 of the Prime Minister approving the General Planning Orientation for the Construction of the Lao Bao Trade Zone until 2020;

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

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

At the proposal of the People's Committee of Quang Tri Province at Official Letter No. 1300/UB-TM dated June 17, 2005,

DECISION:

Article 1.

1. The Management Board of the Lao Bao Special Economic-Zone (hereinafter referred to as the Management Board) shall be the focal point for guiding investors to invest in industrial zones and export processing zones operating under the Operation Regulations of the Lao Bao Special Economic-Zone, 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 within the Lao Bao Special Economic-Zone.

Project files shall be prepared in accordance with the guidelines of the Ministry of Planning and Investment.

2. Delegating the Management Board to accept, examine project files; issue, adjust, revoke Investment Licenses and manage activities of foreign investment projects investing in industrial zones and export processing zones within the Lao Bao Economic-Zone as stipulated 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, Rules of the industrial zone or export processing zone and the Operation Regulations of the Lao Bao Special Economic-Zone approved by competent authorities.

2. Be a project in the field of industry and industrial services with a capital investment up to 40 million US dollars, except those projects belonging to Group A as prescribed in Article 114 of Decree No. 24/2000/NĐ-CP dated July 31, 2000 and amended and supplemented in 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 examining the issuance of 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 in 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 Working Coordination Regulations with local functional agencies, submitting them to the People's Committee of Quang Tri 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 receiving the project file, excluding the time taken by the investor to amend and supplement the application for Investment License according to the requirements of the Management Board.

Any requests of the Management Board to the investor regarding the amendment and supplementation of the application for Investment License, Investment License amendment shall be completed within 7 working days from the date of receiving 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 Project Summary 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 projects, including cases of Investment License amendments, shall have the duty to reply in writing within 7 working days from the date of receipt of the project file; if there is no written opinion 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, Investment License amendment, the Management Board shall send the Investment License, Investment License amendment to the Ministry of Planning and Investment, People's Committee of Quang Tri Province (original) and the Ministry of Finance, Ministry of Industry and Trade, Ministry of Science and Technology and other relevant state management agencies (copies).

Article 6.

For projects for which the Management Board is not authorized to issue Investment Licenses, after receiving them, the Management Board shall retain one set of files (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 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.

, Clause 1, Clause 2 Article 7a of this Regulation.

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, High-Tech Parks 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. Cases where the Management Board decides 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 shareholding ratio of the Vietnamese Party in joint ventures or converting joint ventures to 100% foreign investment. 

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

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 compiles the issuance of Investment Licenses, adjustments to Investment Licenses, and the operational status of enterprises within industrial zones and export processing zones under its jurisdiction, and reports to the Ministry of Planning and Investment and the People's Committee of Quang Tri Province.

Article 9.

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

Article 10.

This Decision takes effect fifteen days from the date of publication in the Official Gazette./.