Decision 812/2005/QD-BKH: Authorizing The Lao Bao Economic-Trade Zone Management Board To Be In Charge Of The Formulation Of Projects; To Receive And Evaluate Project Dossiers; To Grant, Adjust And Withdraw Investment Licenses; And Manage Operation O...


Published: 2005

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Effective:
Effective
Effective Date:
20/09/2005
Expiry Date:
23/05/2006
THE MINISTRY OF PLANNING AND INVESTMENT
Number:
812/2005/QD-BKH
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom -
Happiness
Ha Noi , August 22, 2005
DECISION
Authorizing the Lao Bao Economic-Trade Zone management board to be in charge of the formulation of projects; to receive and evaluate project dossiers; to grant, adjust and withdraw investment licenses; and manage operation of foreign investment projects in industrial parks and export-processing zones in Lao Bao special Economic-Trade Zone
THE MINISTER OF PLANNING AND INVESTMENT
Pursuant to the November 12, 1996 Law on Foreign Investment in Vietnam and the 2000 Law Amending 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 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, issued 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 Ministry of Planning and Investment;
Pursuant to the Prime Minister's Decision No. 233/1998/QD-TTg of December 1, 1998, on decentralizing and authorizing the licensing of foreign direct investment projects;
Pursuant to the Prime Minister's Decision No. 189/1999/QD-TTg of September 20, 1999, approving orientations for the master plan for the construction of Lao Bao trade zone till 2020;
Pursuant to the Prime Minister's Decision No. 11/2005/QD-TTg of January 12, 2005, promulgating the Regulation on Lao Bao Special Economic-Trade Zone, Quang Tri province;
Pursuant to the Prime Minister's Decision No. 130/2005/QD-TTg of June 2, 2005, on the establishment of the Lao Bao Special Economic-Trade Zone Management Board;
At the proposal of the People's Committee of Quang Tri province in Official Letter No. 1300/UB-TM of June 17, 2005,
DECIDES:
Article 1.-
1. The Lao Bao Special Economic-Trade Zone Management Board (hereinafter called the Management Board for short) shall be the coordinator guiding investors who invest in industrial parks and/or export-processing zones located in Lao Bao Special Economic-Trade Zone and operating under the Regulation on Operation of Lao Bao Special Economic-Trade Zone, Quang Tri province, issued together with the Prime Minister's Decision No. 11/2005/QD-TTg of January 12, 2005, and the Regulation on Industrial Parks, Export-Processing Zones and Hi-Tech Parks, issued together with the Government's Decree No. 36/CP of April 24, 1997.
Investment project dossiers shall be compiled according to the guidance of the Ministry of Planning and Investment.
2. To authorize the Management Board to receive and evaluate project dossiers; to grant, adjust and withdraw investment licenses to, and manage the operation of, foreign investment projects in industrial parks and export-processing zones in Lao Bao Special Economic-Trade Zone defined in this Decision.
Article 2.- Investment projects which the Management Board is authorized to license must meet the following conditions:
1. Being in line with the plan and charter of the industrial park or export-processing zone and the Regulation on Operation of Lao Bao Special Economic-Trade Zone, approved by competent authorities.
2. Being industrial or industrial service projects capitalized at up to USD 40 million, except for group-A projects provided for in Article 114 of the Government's Decree No. 24/2000/ND-CP of July 31, 2000, which was amended in Clause 26, Article 1 of Decree No. 27/2003/ND-CP of March 19, 2003.
3. Having their equipment, machinery and technologies in accordance with current regulations; for projects which fail to comply with these regulations, approval of competent State agencies in charge of relevant economic-technical issues must be obtained.
4. Meeting requirements on environmental protection, labor safety and fire and explosion prevention and fight.
Article 3.- The Management Board shall consider and grant investment licenses according to the investment licensing-registration process or investment licensing-evaluation process in close coordination with the provincial Planning and Investment Service and local functional agencies under the provisions of Articles 104, 105, 106, 107 and 108 of the Government's Decree No. 24/2000/ND-CP of July 31, 2000, which were amended in Clauses 22 and 23, Article 1 of Decree No. 27/2003/ND-CP of March 19, 2003.
The Management Board shall have to formulate and submit a regulation on coordination with local functional agencies to the People's Committee of Quang Tri province for approval and reporting to the Ministry of Planning and Investment.
Article 4.-
1. The Management Board shall evaluate and decide to grant investment licenses to projects of the following types:
- Export-processing enterprises each with an investment capital of up to USD 40 million;
- Industrial production enterprises or industrial service enterprises each with an investment capital of up to USD 5 million, which comply with the provisions of Article 2 of this Decision.
2. The time limit for the Management Board to evaluate and grant investment licenses is 15 working days after receiving project dossiers, excluding the time for investors to amend or supplement their dossiers of application for investment licenses at the request of the Management Board.
All requests of the Management Board for amendments or supplements to dossiers of application for investment licenses or adjustment of licenses must be made within 7 working days after receiving project dossiers.
3. For investment projects not provided for in Clause 1 of this Article, before making decisions, the Management Board shall have to send a brief description thereof to the Ministry of Planning and Investment; and consult ministries and branches on matters falling within the scope of their respective competence.
Ministries and branches, when being consulted on projects, including cases of adjusting investment licenses, shall have to reply in writing within 7 working days after receiving project dossiers; past this time limit, if they fail to issue a written reply, they shall be considered having approved the projects.
Article 5.- Investment licenses shall be made according to a form guided by the Ministry of Planning and Investment.
Within 7 working days after granting investment licenses or adjusted licenses, the Management Board shall send these investment licenses or adjusted licenses (originals) to the Ministry of Planning and Investment, the People's Committee of Quang Tri province, and their copies to the Ministry of Finance, the Ministry of Trade, the econo-technical branch-managing ministries and concerned State management agencies.
Article 6.- For projects which the Management Board is not authorized to license, after receiving dossiers, the Management Board shall keep 01 dossier set (copy) and transfer all remaining sets, enclosed with its opinions thereon, to the Ministry of Planning and Investment for evaluation and licensing according to the provisions of Articles 109 and 114 of the Government's Decree No. 24/2000/ND-CP of July 31, 2000, and Decree No. 27/2003/ND-CP of March 19, 2003.
Article 7.-
1. The Management Board shall guide investors to execute their projects; perform the state management over activities in industrial parks and export-processing zones according to the provisions of the Regulation on Industrial Parks, Export-Processing Zones and Hi-Tech Parks, issued together with the Government's Decree No. 36/CP of April 24, 1997.
2. The Management Board shall adjust investment licenses of projects which it has been authorized to license within the limit of investment capital under its authorized power.
3. In the following cases, the Management Board shall make decisions after consulting the Ministry of Planning and Investment:
- The adjustment of investment licenses will increase the projects' investment capital to a level higher than the limit under its authorized power or result in a change in the purposes or addition of purposes of projects on the list of domains subject to conditional business.
- Reduction of the Vietnamese party's legal capital contribution in case of joint venture or transformation of a joint venture into an enterprise with 100% of foreign capital.
- Dissolution of foreign-invested enterprises or ahead-of-schedule termination of business cooperation contracts.
4. The Management Board shall decide on the dissolution of enterprises and withdraw investment licenses according to current regulations.
Article 8.- Quarterly, biannually and annually, the Management Board shall make sum-up reports on the grant and adjustment of investment licenses and the operation of enterprises in industrial parks and export-processing zones under its management and send such 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 facilitate and inspect the Management Board in performing its authorized tasks according to regulations, and take responsibility before law and the Government for the authorization provided for in this Decision.
Article 10.- This Decision takes effect 15 days after its publication in "CONG BAO."
Minister
(Signed)
 
Vo Hong Phuc
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