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Decision 416/2006/qd-Bkh: About Authorized For Management Of Commercial-Economic Area In Particular Lao Bao, Quang Tri Province, In The Formation Of The Project; Reception, Considering The Projects; Granted, This C ...

Original Language Title: Quyết định 416/2006/QĐ-BKH: Về việc ủy quyền cho Ban quản lý Khu Kinh tế - Thương mại đặc biệt Lao Bảo, tỉnh Quảng Trị trong việc hình thành dự án; tiếp nhận, xem xét hồ sơ dự án; cấp, điều c...

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The DECISION regarding authorisation for the Board of management of commercial-Economic Area in particular Lao Bao, Quang Tri province, in the formation of the project; reception, considering the projects; granted, tuning, recovery of the investment license and active management of investment projects in the area of direct foreign trade-economic in particular Lao Bao _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the MINISTER of PLANNING and INVESTMENT pursuant to the law on foreign investment in Vietnam on November 12, 1996 and the revised Law supplementing a number of articles of the law on foreign investment in Vietnam in 2000;
Pursuant to Decree No. 24/2000/ND-CP dated 31 July 2000 from the Government detailing the implementation of the law on foreign investment in Vietnam and Decree No. 27/2003/ND-CP dated 19 March 2003 amending and supplementing a number of articles of Decree No. 24/2000/ND-CP;
The base regulations of industrial parks, export processing zones and high-tech zones attached to Decree No. 36/CP dated 24 April 1997 from the Government;
Pursuant to Decree No. 61/2003/ND-CP dated 6 June 2003 of the Government functions, tasks, powers and organizational structure of the Ministry of planning and investment;
Pursuant to decision No. 236/1998/QD-TTg dated April 12, 2998 of Prime about the hierarchy, the investment license authorization for direct investment projects abroad;
Pursuant to decision No. 194/1999/QD-TTg dated September 20, 1999 by the Prime Minister approving the general planning orientations in the construction trade in Lao Bao, Quang Tri province by 2020;
Pursuant to decision No. 12/2005/QD-TTg dated April 12, 2005 by the Prime Minister issued the regulation of commercial-Economic Area in particular Lao Bao, Quang Tri province;
Pursuant to decision No. 130/2004/QD-TTg dated 8 June 2006 by the Prime Minister on the establishment of the Economic Zone Management special commercial-Lao Bao, Quang Tri province;
According to the proposal of the people's Committee of Quang Tri province in no. 740/PPC-TM on 07 April 2006.
Article 1 DECISION.
1. economic management-special trade Lao Bảo, Quảng Trị province (hereinafter the Management Board) is the clue to lead investors, investing in commercial-Economic Area in particular Lao Bao, Quang Tri province and operate according to the regulations of the special trade-economic Security Workers attached to decision No. 12/2005/QD-TTg dated 12 January 2005 by the Prime Minister; Regulation of industrial zones, export processing zones, high-tech zones attached to Decree No. 36/CP dated 24 April 1997 from the Government and the provisions of the law on foreign investment.
2. Delegated management of reception review project; granted, tuning, recovery of the investment license and active management of the projects of foreign direct investment in special trade-economic Security Workers specified in this decision.
Article 2. The review of licensing of investment projects for foreign direct investment in special trade-economic Lao Bảo is approved according to the process of registration of license management for the investment made under the provisions of this decision.
Article 3.
1. The project on foreign direct investment in special trade-economic Lao Bảo is approved according to the procedure of registration of investment permit that authorized the Management Board granted the investment license must simultaneously meet the following conditions: a) consistent with the planning and regulation of activity of trade-Economic Area in particular Lao Bảo is granted approval authority;
b) not belonging to the Group A project as defined in clause 1 Article 114 Decree No. 24/2000/ND-CP dated 31 July 2000 and complemented, modified in clause 26 article 1 of Decree 27/2003/ND-CP dated 19 March 2003 from the Government;
c) do not belong to the realm of not classifying the investment license as specified in paragraph 2 to article 115 of Decree 24/2000/ND-CP dated 31 July 2000 and was added in clause 27 article 1 of Decree 27/2003/ND-CP dated 19 March 2003 from the Government;
d) is not in the list of investment areas have conditions attached to Decree No. 24/2000/ND-CP dated 31 July 2000 and Decree No. 27/2003/ND-CP dated 19 March 2003 from the Government;
e) is a project in the field of industry, the service industry and the project group B under the authority the decision of the Ministry of planning and investment, as specified in paragraph 2 to article 114 of Decree 24/2000/ND-CP dated 31 July 2000 of the Government scale to 40 million u.s. dollars.
2. project profile registration licensing of investment made under the provisions of clause 1 and 2 Article 106 of Decree 24/2000/ND-CP dated 31 July 2000 and complemented, modified in clause 23 article 1 of Decree 27/2003/ND-CP dated 19 March 2003 from the Government. Licensing application for investment established under model 1 and submit documents to be created under model 2. b, 3. b, 3 c and 4 b annex II attached to circular No. 12/2000/TT-BKH, on 15 September 2000 of the Ministry of planning and investment to guide foreign investment in Vietnam.
The case, investment project in the project list is reporting environmental impact assessment, investors make as specified in circular No. 490/1998/TT-BVHTT on April 29, 1998 of the Ministry of science, technology and the environment set up and guide the evaluation report of environmental impact assessment for the project and submit a project profile is posted sign the investment license.

3. The Management Board granted the investment license when the project profile registration granted the investment license of investors meet the conditions and procedures prescribed in clause 1 and 2 of this Article.
4. Within 15 working days of receiving a valid profile, not to mention investors time modify, supplement the registration profile investment license at the request of the Management Board, the Management Board granted the investment license for eligible projects.
All requirements of the Board of management for investors about the amendments, supplements the registration profile investment licensing, permits adjustments be made within 7 working days from the date of receiving the project profile.
5. With respect to the Group B project does not yet have categories in the development of the industry or product planning was browsing then before out investment licensing decision, the Management Board is responsible for submitting a summary of the project to the Ministry of planning and investment; consulted the ministries concerned on the issues under the jurisdiction of the ministries to be reviewed and approved.
The ministries are consulted on the project, including adjusting the investment license, have a duty to respond in writing within 10 working days from receiving the record; so the term on which there is no written comments shall be considered positive level project.
Article 4.
1. investment permit is drafted according to the model by the Ministry of planning and investment guide.
2. within 7 working days from the date the investment license, license management, regulators sent the investment license, permits tuning of the Ministry of planning and investment, the people's Committee of Quang Tri province (original) and the Ministry of finance, Ministry of Commerce, industry management, technical-economic and state management agencies concerned (copy).
Article 5. For the Project Management Committee is not authorized to grant investment licenses, after the reception, management between back 1 record (copy) and transfer all of the remaining project profile attached to the opinion of the Management Committee of the project to the Ministry of planning and investment to registered investment license as defined in articles 105 and 106 of the Decree No. 24/2000/ND-CP dated 31 July 2000 and complemented, modified in the 22 and 23 article 1 of Decree 27/2003/ND-CP dated 19 March 2003 from the Government or investment-license evaluation as specified in articles 109 and 114 Decree No. 24/2000/ND-CP dated 31 July 2000 and modified In addition, Article 26, Paragraph 1 of Decree 27/2003/ND-CP dated 19 March 2003 from the Government.
Article 6.
1. Management guidance that investors implementing projects; implement state management for the activities in the special trade-economic Security Workers under the provisions of the regulation works of the special trade-economic Lao Bảo, Quảng Trị province attached to decision No. 12/2005/QD-TTg dated April 12, 2005 by the Prime Minister; Regulation of industrial zones, export processing zones, high-tech zones attached to Decree No. 36/CP dated 24 April 1997 from the Government and the provisions of the law on foreign investment.
2. The Management Board made to adjust the investment license for the investment project has been authorized to grant investment licenses within the limits authorised capital. The investment license adjustment is made according to the provisions of articles 15, 16, 17, 18 and 19 December 2000 circular/TT-BKH, on 15 September 2000 of the Ministry of planning and investment guide foreign investment activities in Vietnam.
3. The case management decisions with the agreement of the Ministry of planning and investment: a) By adjusting the investment license which projects beyond the authorized levels prescribed in paragraph 1 of article 3 of this decision but remains in the project group B under the authority the decision of the Ministry of planning and investment; change the target or target additional projects in the field of investment portfolios have the condition;
b) apportionment Reduced capital Vietnam-party in the case of joint ventures or form JV to 100% foreign investment;
c) dissolution of enterprise with foreign investment or termination of business cooperation contract ahead of time.
4. where do the investment license which the project became A group project, the Prime Minister must be approved in writing prior to tuning.
5. The Management Board decided to dissolve the business and revoked the licenses of investment under current rules.
Article 7. Quarterly, 6, and every year, the integrated management of the licensing of investment, adjust the investment license, the situation of operation of enterprises in the economic-commercial Lao Bao in the scope of management and submit reports to the Ministry of planning and investment, the people's Committee of Quang Tri province. Article 8. The Ministry of planning and investment to create all favorable conditions and check the implementation of the Management Board is authorized in accordance with the regulations, be responsible before the law and before the Government on the authorization provided for in this decision.

Article 9. This decision has the effect of 15 (fifteen) days from the date The quote and replace decision No 812/2005/QD-BKH 22 August 2005 by the Minister of planning and investment on the authorized for management of commercial-Economic Area in particular Lao Bao, Quang Tri province, in the formation of the project; reception, evaluation projects; levels, adjust the investment license revocation and active management of foreign investment projects in industrial zones, export processing zones and Economic Zones in particular commercial-Lao Bảo./.