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The Decision 117/2004/qd-Bkh: Regarding Authorisation For The Board Of Management Of Chu Lai Open Economic Zone In Granting Preferential Investment Certificates According To The Law On Domestic Investment Incentives For Investment Projects.

Original Language Title: Quyết định 117/2004/QĐ-BKH: Về việc uỷ quyền cho Ban quản lý Khu kinh tế mở Chu Lai trong việc cấp Giấy chứng nhận ưu đãi đầu tư theo Luật Khuyến khích đầu tư trong nước cho các dự án đầu tư v...

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The DECISION regarding authorisation for the Board of management of Chu Lai open economic zone in granting preferential investment certificates according to the law on domestic investment incentives for the investment project on the Chu Lai open economic zone, MINISTER of PLANNING and INVESTMENT base law on investment incentives in the water (revised) No. 03/1998/QH10 on 20 May 1998;
Pursuant to Decree No. 51/1999/ND-CP dated 8 July 1999 from the Government detailing the law encourages domestic investment (modified);
Pursuant to Decree No. 35/2002/ND-CP on 29 March 2002 by the Government on the amendments, additional categories A, B and C, issued at the appendix to the Decree No. 51/1999/ND-CP;
Pursuant to Decree 164/2003/ND-CP of December 22, 2003 detailing the Government's enforcement of the law on Enterprise Income Tax;
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. 108/2003/QD-TTg dated 05 June 2003 by the Prime Minister on the establishment and promulgation of regulations of the Chu Lai open economic zone;
Pursuant to decision No. 184/2003/QD-TTg dated 8 September 2003 by the Prime Minister on the establishment management of Chu Lai open Economic Zone;
According to the proposal of the people's Committee of Quang Nam province in the Sheet number 2071/TTr-UB on November 18, 2003, Decisions 1.
1. Management of Chu Lai open economic zone, (hereinafter the Management Board) is the clue to guide the investors whose investment project on the Chu Lai open economic zone regarding the registration of investment incentives.
2. The authorization management of receiving and reviewing registration records of investment incentives; the decision to grant or refuse to grant a certificate of investment incentives for investment projects in the country invest in Chu Lai open economic zone in the case prescribed in clause 1 article 4 of this decision.
Order and registration procedures of investment incentives to follow the provisions in circular No. 2/1999/TT-BKH, on 24 September 1999 by the Ministry of planning and investment.
Article 2. The domestic investment project by the Board of management is authorized to review, certification of investment incentives should meet the following conditions: 1. Fit the planning, rules and regulations of the Chu Lai open economic zone, which was approved by the authority.
2. Is the project meets the conditions of investment preferences stipulated in Decree No. 51/1999/ND-CP dated 8 July 1999 from the Government detailing the law encourages domestic investment (modified); Decree No. 35/2002/ND-CP on 29 March 2002 the Government amendments, additional category A, B and C, issued at the appendix to the Decree No. 51/1999/ND-CP and Decree No. 164/2003/ND-CP of the Government detailing the implementation of the law on Enterprise Income Tax.
Article 3.
The review of the certification by the Board of investment incentives to manage the implementation works closely with the Department of planning and investment and the local authorities under the provisions of Decree No. 51/1999/ND-CP of July 8, 1999 and circular No. 2/1999/TT-BKH, on 24 September 1999 by the Ministry of planning and investment.
The Management Board is responsible for building regulations coordination work with the local authorities, the people's Committee of Quang Nam province approved and notified to the Ministry of planning and investment.
Article 4.
1. the receiving organization management, review and written opinions of the relevant authorities if deemed necessary to decide the grant, refuse to grant preferential investment certificates, or adjust, additional investment incentive certificates granted for the investment projects of the following business :-the business was established by decision of the Prime Minister;
-The business was established by decision of the Minister of the Ministry, the heads of the competent organs of the Central Government.
2. The new grants or preferential certificates additional investment is made within a period not exceeding 20 working days from the date of receiving enough management documents. Valid profile is the profile is full of valid elements specified in section II of the circular No. 2/1999/TT-BKH, on 24 September 1999 by the Ministry of planning and investment. The case refused to grant preferential investment certificates, the Management Board must inform in writing the reason for investors to know.
Invalid profile case, within not more than three working days from the date of receipt, the Management Board must inform investors know to supplement, complete the profile. Receipt is on the management board directly receive records or receipt by the seal of the post office where received if sent via postal records.
Reducing the part or whole withdraw investment incentives are made within a period not exceeding five working days from the date of the notice of investors about non-responding eligible to enjoy preferential treatment.
Article 5. Investment incentive certificates are drafted according to the model by the Ministry of planning and investment guide.
Within 7 working days from the date of the new grant or certificate of additional investment incentives, the Management Board submitted a copy of a valid certificate of investment incentives to the Ministry of planning and investment, the people's Committee of Quang Nam province.
Article 6. Six months (before the June 20 and December 20), the General management of the situation level investment incentives in the Chu Lai open economic zone in authorized range, the petitions process issues and submit reports to the Ministry of planning and investment.
Article 7. The Ministry of planning and investment to create all favorable conditions and test management made the authorized by the rules and be responsible before the law and before the Government regarding authorized in this decision.
Article 8. This decision has the effect after 15 days from the date The report.