Decision No. 910/2005/QD-BKH on entrusting the Management Board of Industrial Zones in Ben Tre Province with the formation of projects; receiving, examining project files; issuing, amending, revoking Investment Licenses and managing foreign investment projects in industrial zones and export processing zones.

Pursuant to …; ISSUED BY THE MINISTER OF PLANNING AND INVESTMENT

Regarding the delegation to the Management Board of Industrial Zones of Binh Dinh Province in the formation of projects; receiving, examining project files; issuing, adjusting, revoking Investment Licenses and managing activities of foreign-invested projects within industrial zones and export processing zones

the formation of projects; receiving, examining project files; issuing, adjusting,

revoking Investment Permits and managing activities of foreign investment projects

in industrial zones and export processing zones

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 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 delegation of authority to issue Investment Licenses for foreign direct investment projects;

Pursuant to Decision No. 178/2005/QĐ-TTg dated July 15, 2005 of the Prime Minister on the establishment of the Management Board of Industrial Zones of Binh Dinh Province;

Based on the proposal of the People's Committee of Binh Dinh Province at Circular No. 1707/TTr-UB dated August 25, 2005;

Pursuant to …;

Article 1.

1. The Management Board of Industrial Zones of Binh Dinh Province (hereinafter referred to as the Management Board) shall be the focal point guiding investors in the operation of industrial zones and export processing zones 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 territory of Binh Dinh 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 the activities of foreign-invested projects investing in industrial zones and export processing zones as specified in this decision.

Article 2. Projects that the Management Board is authorized to handle must meet the following conditions:

1. Complying with the Master Plan and Regulations of Industrial Zones or Export Processing Zones approved by competent authorities.

2. Being projects in the industrial sector and industrial services with an investment capital up to 40 million US dollars, except those belonging to Group A as stipulated 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 according to the registration procedure for Investment Licenses or the examination procedure for 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 is responsible for drafting the Working Regulations with local functional agencies, submitting them to the People's Committee of Binh Dinh Province for approval and notifying the Ministry of Planning and Investment.

Article 4.

1. The Management Board shall organize the examination and independently determine the issuance of 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 required for 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 for the investor to amend and supplement the application for Investment License, amended Investment 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 is responsible for sending a summary of the project to the Ministry of Planning and Investment; seeking opinions from ministries and sectors regarding issues within their jurisdiction.

Ministries and sectors whose opinions are sought on the project, including cases of amending Investment Licenses, have the responsibility 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 will be considered 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, amended Investment License, the Management Board shall send the Investment License, amended Investment License to the Ministry of Planning and Investment, People's Committee of Binh Dinh 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 by the Management Board to issue Investment Licenses, after receipt, the Management Board shall retain one set of the file (copy) and transfer the remaining sets of the project file 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 within industrial zones and export processing zones 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 adjust Investment Licenses for investment 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 Investment Licenses exceeding the authorized revenue, changing the objectives, or adding objectives of 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 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 shall compile information on 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 report to the Ministry of Planning and Investment, People's Committee of Binh Dinh 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, bearing legal responsibility and accountability to the Government for the delegation stipulated in this decision.

Article 10. This Decision shall take effect fifteen days after its publication in the Official Gazette./.