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THE MINISTRY OF PLANNING AND INVESTMENT |
SOCIALIST REPUBLIC OF VIET NAM |
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No. 324/2006/QD-BKH |
Hanoi, April 11, 2006 |
DECISION
AUTHORIZING THE MANAGEMENT BOARD OF CHAN MAY-LANG CO ECONOMIC ZONE, THUA THIEN HUE PROVINCE, TO FORMULATE PROJECTS; RECEIVE AND CONSIDER PROJECT DOSSIERS; GRANT, ADJUST AND REVOKE INVESTMENT LICENSES AND MANAGE OPERATIONS OF FOREIGN DIRECT INVESTMENT PROJECTS IN CHAN MAY-LANG CO ECONOMIC ZONE
THE MINISTER OF PLANNING AND INVESTMENT
Pursuant to the November 12,1996 Law on Foreign Investment in Vietnam and the 2000 Law Amending and Supplementing a Number of Articles of the Law on Foreign Investment in Vietnam;
Pursuant to the Government's Decree No. 24/2000/ ND-CP of July 31, 2000, detailing the implementation of the Law on Foreign Investment in Vietnam, and Decree No. 27/2003/ND-CP of March 19, 2003, amending and supplementing a number of articles of Decree No. 24/2000/ND-CP;
Pursuant to the Regulation on Industrial Parks, Export Processing Zones and Hi-Tech Parks promulgated together with the Government's Decree No. 36/CP of April 24, 1997;
Pursuant to the Government's Decree No. 61/2003/ ND-CP of June 6, 2003, defining the functions, tasks, powers and organizational structure of the Planning and Investment Ministry;
Pursuant to the Prime Minister's Decision No. 233/ 1998/QD-TTg of December 1, 1998, on decentralization and authorization of licensing of foreign direct investment projects;
Pursuant to the Prime Minister's Decision No. 04/ 2006/QD-TTg of January 5, 2006, establishing Chan May-Lang Co economic zone, Thua Thien Hue province, and promulgating its Operation Regulation;
Pursuant to the Prime Minister's Decision No. 26/ QD-TTg of January 6, 2006, approving the Scheme on orientations for development of Chan May-Lang Co economic zone, Thua Thien Hue province, till 2020;
Pursuant to the Prime Minister's Decision No. 385/ QD-TTg of March 9, 2006, setting up the Management Board of Chan May-Lang Co economic zone;
Pursuant to the Government Office's Document No. 1602A/PCP-DP of March 29,2006, notifying the Prime Minister's opinions on authorization of investment licensing to the Management Board of Chan May-Lang Co economic zone, Thua Thien Hue province;
At the proposal of the People's Committee of Thua Thien Hue province in Document No. 629/UBND - CV of March 6, 2006,
DECIDES:
Article 1.-
1. The Management Board of Chan May-Lang Co economic zone (hereinafter called the Management Board for short) shall act as the major unit guiding the investment by investors in Chan May-Lang Co economic zone and operate under the Operation Regulation of Chan May-Lang Co economic zone promulgated together with the Prime Minister's Decision No. 04/2006/QD-TTg of January 5,2006; the Regulation on Industrial Parks, Export-Processing Zones and Hi-Tech Parks promulgated together with the Government's Decree No. 36/CP of April 24,1997, and the provisions of law on foreign investment.
2. To authorize the Management Board to receive and consider project dossiers; grant, adjust and revoke investment licenses and manage operations of foreign direct investment projects in Chan May-Lang Co economic zone specified in this Decision.
Article 2.-
The Management Board shall consider and grant investment licenses to foreign direct investment projects in Chan May-Lang Co economic zone which are approved according to the procedures for registration for investment licensing in accordance with the provisions of this Decision.
Article 3.-
1. Foreign direct investment projects in Chan May-Lang Co economic zone which are approved according to the procedures for registration for investment licensing and which the Management Board is authorized to license must simultaneously satisfy the following conditions:
a/ Being compliant with the planning and the Operation Regulation of Chan May-Lang Co economic zone approved by competent authorities;
b/ Being other than group-A projects specified in Clause 1, Article 114 of the Government's Decree No. 24/2000/ND-CP of July 31, 2000, which was supplemented and amended in Clause 26, Article 1 of the Government's Decree No. 27/2003/ND-CP of March 19,2003;
c/ Being outside the domains where the investment licensing powers are not decentralized as specified Clause 2, Article 115 of Decree No. 24/2000/ND-CP of July 31, 2000, which was supplemented in Clause 27, Article 1 of the Government's Decree No. 27/2003/ ND-CP of March 19, 2003;
d/ Being outside the list of domains subject to conditional investment promulgated together with the Government's Decree No. 24/2000/ND-CP of July 31, 2000, and Decree No. 27/2003/ND-CP of March 19, 2003;
e/ Being in the domains of industry, industrial services or being group-B projects which fall under the Planning and Investment Ministry's deciding competence according to Clause 2, Article 114 of the Government's Decree No. 24/2000/ND-CP of July 31, 2000, and are capitalized at up to USD 40 million.
2. Project dossiers of registration for investment licensing shall comply with the provisions of Clauses 1 and 2, Article 106 of the Government's Decree No. 24/2000/ND-CP of July 31,2000, which were amended and supplemented in Clause 23, Article 1 of the Government's Decree No. 27/2003/ND-CP of March 19, 2003. Applications for investment licensing registration shall be made according to Form 1 and attachments shall be made according to Forms 2.b, 3.b, 3.c and 4.b in Appendix II to the Planning and Investment Ministry's Circular No. 12/2000/TT-BKH of September 15, 2000, guiding foreign investment activities in Vietnam.
For investment projects on the list of projects for which environmental impact assessment reports are required, investors shall comply with the provisions of the Science and Technology Ministry's Circular No. 490/1998/TT-BKHCNMT of April 29,1998, guiding the formulation and evaluation of environmental impact assessment reports for investment projects, and, shall enclose such reports with project dossiers of registration for investment licensing.
3. The Management Board shall grant investment licenses to investors when their project dossiers of registration for investment licensing fully satisfy the conditions and formalities specified in Clause 1 and 2 of this Article.
4. Within 15 working days after receiving valid dossiers, excluding the time for investors to amend or supplement their investment licensing registration dossiers at the Management Board's request, the Management Board shall grant investment licenses to qualified projects.
All requests of the Management Board for investors to amend or supplement their dossiers of registration for grant of investment licenses or adjusted licenses must be made within 7 working days after the receipt of project dossiers.
5. For group-B projects which have not yet been listed in the approved branch development planning or product planning, the Management Board shall, before deciding on the grant of investment licenses thereto, have to send project summaries to the Planning and Investment Ministry and consult concerned ministries and branches on matters falling under their competence.
The ministries and branches consulted on the projects, including adjustment of investment licenses, shall have to reply in writing within 10 working days after receiving the project dossiers. Past this time limit, if the consulted ministries and branches give no reply, they shall be regarded as having approved such projects.
Article 4.-
1. Investment licenses shall be made according to the form guided by the Planning and Investment Ministry.
2. Within 7 (seven) working days after the grant of investment licenses or adjusted investment licenses, the Management Board shall send investment licenses or adjusted investment licenses to the Planning and Investment Ministry and the People's Committee of Thua Thien Hue province (the originals), and the Finance Ministry, the Trade Ministry, ministries managing econo-technical branches and relevant state management agencies (copies).
Article 5.-
For projects which the Management Board is not authorized to license, the Management Board shall, after receiving the project dossiers, keep one dossier set (copied set) and forward other project dossier sets, accompanied with its opinions on the projects, to the Planning and Investment Ministry for registration for investment licensing according to the provisions of Articles 105 and 106 of the Government's Decree No. 24/2000/ND-CP of July 31,2000, which were amended and supplemented in Clauses 22 and 23, Article 1 of the Government's Decree No. 27/2003/ND-CP of March 19, 2003, or for evaluation for investment licensing according to the provisions of Articles 109 and 114 of the Government's Decree No. 24/2000/ND-CP of July 31, 2000, which were amended and supplemented in Clause 26, Article 1 of the Government's Decree No. 27/2003/ND-CP of March 19, 2003.
Article 6.-
1. The Management Board shall guide investors in executing their projects and manage activities in Chan May-Lang Co economic zone according to the Operation Regulation of Chan May-Lang Co economic zone, Thua Thien Hue province, promulgated together with the Prime Minister's Decision No. 04/2006/QD-TTg of January 5, 2006; the Regulation on Industrial Parks, Export-Processing Zones and Hi-Tech Parks promulgated together with the Government's Decree No. 36/CP of April 24, 1997, and the provisions of law on foreign investment.
2. The Management Board shall adjust investment licenses for investment projects it has granted according to authorization within the limit of the authorized investment capital level. The adjustment of investment licenses shall comply with the provisions of Articles 15, 16,17, 18 and 19 of the Planning and Investment Ministry's Circular No. 12/2000/TT-BKH of September 15, 2000, guiding foreign investment activities in Vietnam.
3. Cases to be decided by the Management Board with the Planning and Investment Ministry's consent:
a/ Due to adjustment of investment licenses, the projects' capital exceeds the capital limit of projects which the Management Board is authorized to license specified in Clause 1, Article 3 of this Decision, but such projects are still of group B under the Planning and Investment Ministry's deciding competence; change or addition of objectives of projects on the list of projects in conditional investment domains;
b/ Decrease of legal capital contribution proportions of Vietnamese parties in case of joint ventures or conversion from joint ventures into enterprises with 100% foreign capital;
c/ Dissolution of foreign-invested enterprises or termination of business cooperation contracts ahead of time.
4. Where a project will become a group-A project due to the adjustment of its investment license, such adjustment must be approved by the Prime Minister before the adjustment is effected.
5. The Management Board shall decide on dissolution of enterprises and revocation of investment licenses according to current regulations.
Article 7.-
Quarterly, biannually and annually, the Management Board shall review the grant and adjustment of investment licenses, and the operations of enterprises in Chan May-Lang Co economic zone within the scope of its management and send review reports to the Planning and Investment Ministry and the People's Committee of Thua Thien Hue province.
Article 8.- The Planning and Investment Ministry shall create all favorable conditions for and inspect the Management Board in performing its authorized tasks according to regulations, and take responsibility before law and the Government for the authorization defined in this Decision.
Article 9.- This Decision takes effect 15 (fifteen) days after its publication in "CONG BAO."
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MINISTER OF PLANNING AND INVESTMENT |