The Decision 159/bkh-Iz: Regarding Authorisation For The Board Of Management Of Industrial Zones, Export Processing Zone In Ho Chi Minh City In The Project; Reception, Evaluation Projects; Levels, Adjust ...

Original Language Title: Quyết định 159/BKH-KCN: Về việc uỷ quyền cho ban quản lý các khu chế xuất, khu công nghiệp thành phố hồ chí minh trong việc hình thành dự án; tiếp nhận, thẩm định hồ sơ dự án; cấp, điều chỉnh...

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The DECISION regarding authorisation for the Board of management of industrial zones, export processing zone in Ho Chi minh city in the project; reception, evaluation projects; granted, tuning, recovery of the investment license and manage the activities of foreign investment projects in industrial zones, export processing zones _ _ _ _ _ _ _ _ _ _ _ _ the MINISTER of PLANNING and investment-pursuant to the law on foreign investment in Vietnam on November 12, 1996;
-Pursuant to Decree No. 12/CP dated 18 February 1997 from the Government detailing the implementation of the law on foreign investment in Vietnam;
-Pursuant to Decree No. 36/CP dated 24 April 1997 the Government issued regulation of industrial zones, export processing zones, high-tech zones;
-Pursuant to decision No. 07/IPS on 16 June 1997 by the Prime Minister on the authorisation of the Management Board of licensing industrial investment;
Article 1 DECISION.
1. Management of export processing zones, industrial zone of Ho Chi Minh City (hereinafter the Management Board) is the clue to lead investors in the industrial zones, export processing zones operate according to the regulations of industrial zones, export processing zones, high-tech zones attached to Decree No. 36/CP dated 24 April 1997 of the Government of the territory of the city Ho Chi Minh.
Investment project profile was created under the guidance of the Ministry of planning and investment.
the 2-authorizes the Management Board receives the profile of foreign investment projects, investment in industrial and investment projects on the above export processing zone and due diligence, investment licenses for projects that meet the conditions specified in this decision.
Article 2.
The investment projects to which the Board of management is authorized to license investment must meet the following conditions: 1. Consistent with the detailed planning and regulation of industrial zones or export processing zones have been approved.
2. Is the project in the fields of industry and service industry have the scale below the 40 million u.s. dollar project, except those in Group A as defined in article 12 of Decree 93/CP dated 18 February 1997 from the Government detailing the implementation of the law on foreign investment in Vietnam.
3. Have a ratio of export products to meet regulations by the Ministry of planning and investment issued in each period.
4. enterprises of industrial zones, export processing businesses, foreign business parties committed themselves ensure demand for foreign money.
5. equipment, machinery and technology to meet the current rules: the case does not meet the provisions which must be competent State agencies manage the technical-economic sector approved in writing before the investment license.
6. Meet the requirements for environmental protection, occupational safety, fire prevention and explosion.
Article 3.
The evaluation of project management implementation with close coordination with the Department of planning and investment and the local authorities in accordance with articles 83, 92, 94, 96 and 100 Decree No. 12/CP dated 18 February 1997 from the Government detailing the implementation of the law on foreign investment in Vietnam.
The Management Board is responsible for building regulations coordination work with the local authorities, the people's Committee of Ho Chi Minh City approval and notification to the Ministry of planning and investment.
Article 4.
1. organizational management evaluation and decide the investment license for the following project types:-export processing businesses have invested 40 million u.s. dollars.
-The project to meet the provisions of article 2 of this decision and have the scale to 10 million u.s. dollars for industrial production enterprises, to 5 million u.s. dollars for the business services industry.
2. The time limit for the evaluation and management of investment license is 15 days from receiving the record project, excluding the investor time modify, supplement your application investment license at the request of the Management Board.
All requirements of the Board of management for the tưvề the amendments, additional application for investment permit issuance is made within 7 days of receiving the project profile. After 7 days from the date of the Board of management require modification, Supplement, if the investor does not reply in writing to the investment application form accompanied by the investment project profile is no longer valid.
3. for projects located outside the aforesaid decisions shall, before making a decision, the Management Committee has the responsibility to send a summary of the project according to the instructions attached to the Ministry of planning and investment; consulted the ministries on matters under the jurisdiction of the ministries concerned which has not been specified.
The ministries are consulted on the project, including the case of tuning, answered in writing within 7 days of receipt of the project profile; that term too which ministries do not have comments in writing shall be considered approved the project.
Article 5.
The investment license is drafted according to the model of the Ministry of planning and investment.
Within 7 days from the date the investment license, management sent the investment license of Ministry of planning and investment, the people's Committee of Ho Chi Minh City (original) and the Ministry of finance, Ministry of Commerce, Ministry of Economics-management techniques, management of Vietnam industrial and state management agencies concerned (copy).
Article 6.

With regard to the project for which the Management Board not authorized to grant investment licenses, 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 hold appraisal and licenses investment as defined in articles 93 94, Decree No. 12/CP dated 18 February 1997 from the Government.
Article 7.
Management guides the client to implement the project; implement state management for the activities in the industrial zones, export processing zones according to the provisions in the regulation of industrial zones, export processing zones, high-tech zones.
Management made the investment license for the investment projects to which the Management Board has been authorized to license investment.
Case by adjusting the investment license which the project became A group project, the Prime Minister must be approved in writing prior to tuning.
Case by adjusting the investment license project that exceeds the authorized but remains in the project group B, then a must be the Ministry of planning and investment approved in writing prior to tuning.
Management of recovery of the investment license which the Board of management has issued in the case in accordance with the provisions of the law.
Article 8.
Quarterly, 6, and every year, the General management level, adjust the investment license, active situation of enterprises in industrial zones, export processing zones management domain and send the report to the Ministry of planning and investment, the people's Committee of Ho Chi Minh City and the management of the Vietnam industrial zone.
Article 9.
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 provisions of the law, is responsible before the law and before the Government on the authorization provided for in this decision.
Article 10.
This decision replaces decision No 76/UB EPZS May 23, 1995 by the State Committee for cooperation and investment, now the Ministry of planning and investment, and have effective since July 1, 1997

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