Decision No. 823/2003/QĐ-BKH on entrusting the Management Board of Chu Lai Open Economic Zone, Quảng Nam Province with 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 Chu Lai Open Economic Zone.

DECISION OF THE MINISTER OF PLANNING AND INVESTMENT

Regarding the delegation to the Management Board of the Chu Lai Open Economic Zone, Quang Nam Province for the formation of projects; receiving, examining project files; issuing, amending, revoking Investment Licenses and managing foreign investment activities in industrial zones and export processing zones within the Chu Lai Open 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 articles of Decree No. 24/2000/NĐ-CP;

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 Prime Minister's Decision No. 130/2005/QĐ-TTg dated June 2, 2005 establishing the Management Board of the Lao Bao Special Economic Zone - Trade Area, Quảng Trị Province;

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. 43/2004/QĐ-TTg dated March 23, 2004 of the Prime Minister approving the General Plan for Construction of the Chu Lai Open Economic Zone, Quang Nam Province;

At the proposal of the People's Committee of Quang Nam Province at Proposal No. 1687/TTr-UB dated September 15, 2003, Circular No. 2071/UB-KTM dated November 18, 2003 and Proposal No. 166/TTr-UB dated February 6, 2004,

At the request of the People's Committee of Quang Nam Province at Proposal No. 1687/TTr-UB dated September 15, 2003,

DECISION:

Article 1.

1. The Management Board of the Chu Lai Open Economic Zone, Quang Nam Province (hereinafter referred to as the Management Board) shall be the focal point guiding investors to invest in industrial zones and export processing zones within the Chu Lai Open Economic Zone according 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 within the Chu Lai Open Economic Zone. Project files for investment 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, amend, revoke investment licenses and manage the operations of foreign investment projects investing in industrial zones and export processing zones within the Chu Lai Open 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. In compliance with the Master Plan, Charter, and Operating Regulations of the Chu Lai Open Economic Zone approved by competent authorities.

2. Projects in the fields of industry and industrial services with a scale up to 40 million US dollars, except those projects belonging to Group A as provided for 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 considering the issuance of investment licenses through the registration procedure for investment license issuance or the examination procedure for investment license issuance 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 is responsible for drafting the Working Regulation for coordination with local functional agencies, submitting it to the People's Committee of Quang Nam 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 an investment capital scale up to 40 million US dollars;

Industrial production enterprises with a scale up to 10 million USD and industrial service enterprises with a scale 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 required for the investor to modify and supplement the application for an Investment License according to the requirements of the Management Board.

Any requests by the Management Board for investors to modify and supplement the application for an Investment License or an Amended Investment License must 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 is responsible for sending a summary of the project to the Ministry of Planning and Investment; seeking opinions from relevant ministries and sectors regarding matters within their jurisdiction.

Ministries and sectors whose opinions are sought on the project, including cases of amending Investment Licenses, 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 this 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 Amended Investment License, the Management Board shall send the Investment License or Amended Investment License to the Ministry of Planning and Investment, the People's Committee of Quang Nam Province (original copy) and the Ministry of Finance, Ministry of Trade, Ministry of Economic-Technical Management, and other relevant state management agencies (copies).

Article 6:

For projects for which the Management Board is not authorized to issue Investment Licenses, after receipt, 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 within the Chu Lai Open Economic Zone according 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.

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 amendment of Investment Licenses exceeding the authorized capital limit, changing the objectives or adding new objectives to projects listed in the Catalogue of Conditional Investment Sectors.

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

Dissolving foreign-invested enterprises or terminating Joint Venture 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 shall compile information on the issuance of Investment Licenses, amendments to Investment Licenses, and the operational status of enterprises in industrial zones and export processing zones under its management and report to the Ministry of Planning and Investment and the People's Committee of Quang Nam Province.

Article 9:

The Ministry of Planning and Investment shall create favorable conditions and inspect the Management Board's performance 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 takes effect 15 days from the date of publication in the Official Gazette.