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The Decision 60/2006/qd-Bkh: Regarding Authorisation For The Board Of Management Of Nhon Hoi Economic Zone, Binh Dinh Province In The Formation Of The Project; Reception, Considering The Projects; Levels, Adjust, Revoking The License.

Original Language Title: Quyết định 60/2006/QĐ-BKH: Về việc uỷ quyền cho Ban quản lý Khu kinh tế Nhơn Hội, tỉnh Bình Định trong việc hình thành dự án; tiếp nhận, xem xét hồ sơ dự án; cấp, điều chỉnh, thu hồi Giấy phép...

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The DECISION regarding authorisation for the Board of management of Nhon Hoi economic zone, Binh Dinh 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 Nhon Hoi economic _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the MINISTER of PLANNING and INVESTMENT pursuant to the law on foreign investment in Vietnam on November 12, 1996 and the law amending and supplementing some 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 08 December 1998 of the Prime Minister regarding decentralized licensing, authorisation for investment projects of foreign direct investment;
Pursuant to decision No. 141/2005/QD-TTg dated 14 June 2005 by the Prime Minister on the establishment and promulgation of regulations Nhon Hoi economic zone, Binh Dinh Province;
Pursuant to decision No. 142/2005/QD-TTg dated 14 June 2005 by the Prime Minister on the approval of the general planning of Nhon Hoi economic zone construction, Binh Dinh Province;
Pursuant to decision No. 256/2005/QD-TTg on October 18, 2005 by the Prime Minister on the establishment of the Management Committee of Nhon Hoi economic zone, Binh Dinh Province;
Text based number 2098/TTg-CN on December 27, 2005 by the Prime Minister about the licensing of investment in Nhon Hoi economic zone, Binh Dinh Province;
According to the proposal of the people's Committee of Binh Dinh Province in the sheet number 107/TTr-April 7, 2005, decision: article 1.
1. the Management Committee of Nhon Hoi economic zone, Binh Dinh Province (hereinafter the Management Board) is the clue instructed investors to invest in the Nhon Hoi economic zone and operate according to the regulations of Nhon Hoi economic zone, Binh Dinh Province attached to decision No 141/2005/QD-TTg dated 14 June 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. Authorize the Board to manage the reception, consider Lake project; granted, tuning, recovery of the investment license and active management of investment projects, foreign direct investment in Nhon Hoi economic zone regulation in this decision.
Article 2. The review of licensing of investment projects for foreign direct investment to invest in Nhon Hoi economic zone was approved according to the process of registration of the investment license by follow the provisions of this decision.
Article 3.
1. The projects of foreign direct investment in Nhon Hoi economic zone was approved by the registration process investment licensing that the Management Board is authorized to grant investment licenses must simultaneously meet the following conditions: a) consistent with the planning and regulation of activity of Nhon economic zone authority is approved;
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 activities 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 approved the 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 Binh Dinh Province (original) and the Ministry of finance, Ministry of Commerce, Ministry of Economics-management techniques and state management agencies concerned (copy).
Article 5.
For the project management are not authorized licensed investment, after the reception, management retained 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 Nhon Hoi economic under the provisions of the regulation works of the Economic Area of Nhon, Binh Dinh Province attached to decision No 141/2005/QD-TTg dated 14 June 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 the investment license for the investment project has been authorized to grant investment licenses within the limits authorized 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 to guide foreign investment activities in Vietnam.
3. The case management of the decision 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 Nhon Hoi economic management domain and send the report to the Ministry of planning and investment, the people's Committee of Binh Dinh Province.
Article 8. The Ministry of planning and investment to create all favorable conditions and test management made the work authorized by 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 report./.