Decision No. 844/2005/QD-BKH on delegating authority to the Management Board of the Special Economic Zone - Trade and Industry Lao Bao, Quang Tri Province to issue investment incentive certificates for projects investing in the Special Economic Zone - Trade and Industry Lao Bao under the Law on Encouraging Domestic Investment (within the Ministry of Planning and Investment's jurisdiction).

DECISION OF THE MINISTER OF PLANNING AND INVESTMENT

Regarding the delegation to the Management Board of the Lao Bao Special Economic Zone - Trade Area, Quảng Trị Province, to issue investment incentive certificates for domestic investment projects within its authority under the Law on Encouraging Domestic Investment,

in the Lao Bao Special Economic Zone - Trade Area,

Pursuant to the Law on Encouraging Domestic Investment (amended) No. 03/1998/QH10 dated May 20, 1998;

Pursuant to the Government Decree No. 164/2004/NĐ-CP dated December 22, 2003 detailing the implementation of the Law on Corporate Income Tax;

THE MINISTER OF PLANNING AND INVESTMENT

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 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 Prime Minister's Decision No. 11/2005/QĐ-TTg dated January 12, 2005 promulgating the Regulations of the Lao Bao Special Economic Zone - Trade Area, Quảng Trị Province;

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;

Based on the proposal of the People's Committee of Quảng Trị Province at document No. 1300/UB-TM dated June 17, 2005.

1. The Management Board of the Lao Bao Special Economic Zone - Trade Area (hereinafter referred to as the Management Board) shall be the focal point guiding investors with projects investing in the Lao Bao Special Economic Zone - Trade Area (hereinafter referred to as the SEZ-TA Lao Bao) on registering to enjoy 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 SEZ-TA Lao Bao in cases specified in Article 3 of this Decision.

DECISION:

Article 1.

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.

Domestic investment projects reviewed and issued Investment Incentive Certificates by the Management Board must meet the following conditions:

1. Complying with the Master Plan, Charter, and Regulations of the SEZ-TA Lao Bao,

Article 2. 2. Being Projects that meet the conditions for investment incentives prescribed in the Government Decree No. 51/1999/NĐ-CP dated July 8, 1999 detailing the implementation of the Law on Encouraging Domestic Investment (amended); the Government Decree No. 35/2002/NĐ-CP dated March 29, 2002 amending and supplementing List A, B, C attached to the Government Decree No. 51/1999/NĐ-CP and the Government Decree No. 164/2003/NĐ-CP detailing the implementation of the Law on Corporate Income Tax.

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

- Enterprises established by decisions of the Prime Minister;

Article 3. - Enterprises established by decisions of Ministers or heads of central competent authorities.

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 Quảng Trị Province.

Every six months (before June 20 and December 20), the Management Board shall compile the situation of granting investment incentives in the SEZ-TA Lao Bao within the delegated scope, propose issues arising that need to be addressed, and submit reports to the Ministry of Planning and Investment.

Article 4. Within seven working days from the date of issuance of a new investment incentive certificate or an additional investment incentive certificate, the Management Board shall send a valid copy of the investment incentive certificate to the Ministry of Planning and Investment and the People's Committee of Quang Tri Province.

Annually six months (before June 20 and December 20), the Management Board shall compile the situation of investment incentives granted within the authorized scope of the Lao Bao Border Economic Zone - Trade and Industry, propose issues arising that require resolution, and submit a report to the Ministry of Planning and Investment.

Article 5. This Decision takes effect fifteen days from the date of publication in the Official Gazette./.