Decision 818/2003/qd-Bkh: Regarding Authorisation For The Board Of Management Of Chu Lai Open Economic Zone In Quang Nam Province In The Formation Of The Project; Reception, Evaluation Projects; Levels, Adjust, Recovered Paper ...

Original Language Title: Quyết định 823/2003/QĐ-BKH: Về việc uỷ quyền cho Ban quản lý khu kinh tế mở Chu lai, tỉnh Quảng Nam trong việc hình thành dự án; tiếp nhận, thẩm định hồ sơ dự án; cấp, điều chỉnh, thu hồi Giấy...

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The DECISION of the MINISTER of PLANNING and INVESTMENT on the authorisation for the Board of management of Chu lai open economic zone in Quang Nam province in the formation of 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 in the Chu Lai open economic zone _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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;
Base industrial regulation, export processing zones, 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 1 December 1998 of the Prime Minister regarding decentralized licensing, authorisation for investment projects of foreign direct 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 in Quang Nam province;
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 in Quang Nam province;
According to the proposal of the people's Committee of Quang Nam province in the Sheet of 1687/TTr-UB dated May 15, 2003, decision: article 1.
1. Management of Chu Lai open economic zone in Quang Nam province (hereinafter the Management Board) is the clue instructed investors to invest in the Industrial Zones, export processing zones in the Chu Lai open economic zone operates according to the regulation of industrial zones, export processing zones, high-tech zones attached to Decree No. 36/CP dated 24 April 1997 from the Government on the the area of Chu Lai open economic zone.
Investment project profile was created under the guidance of the Ministry of planning and investment.
2. Authorize the Board to manage the reception, evaluation of outdoor projects; levels, adjust, revoked the license of investment and management of foreign investment projects, investment in industrial zones, export processing zones in the Chu Lai open economic zone regulation in this decision.
Article 2.
The Project Management Committee is authorized to license investment must meet the following conditions: 1. Fit the planning, rules and regulations of the Chu Lai open economic zone was approved by the authority.
2. Is the project in the fields of industry and service industry that scales to 40 million u.s. dollars, excluding the projects in Group A as defined in article 114 of Decree 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.
3. equipment, machinery and technology meet the current rules; the case does not meet the provisions which must be competent State agencies manage industry-approved techniques.
4. Meet the requirements for environmental protection, occupational safety, fire prevention and explosion.
Article 3: the review of license registration process investment licensing procedures or investment appraisal investment license by made with the works closely with the Department of planning and investment and the local authorities under the provisions of the Article of 104 105, 106, 107, 108,, Decree No. 24/2000/ND-CP dated 31 July 2000 and complemented, modified in clause 22, 23 article 1 of Decree 27/2003/ND-CP dated 19 March 2003.
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. Organizational management evaluation and decide the investment license for the following project types: export processing businesses have invested 40 million u.s. dollars;
The industrial manufacturing business has to scale to 10 million and industrial services business scale to 5 million u.s. dollars and meet the provisions of article 2 of this decision.
2. The time limit for the evaluation and management of investment license is 15 days since 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 investors about the amendments, additional application for investment permit issuance, permit adjustments to be made within 7 working days from the date of receiving the project profile.
3. for projects outside of the provisions referred to in paragraph 1 of this Article shall, before making a decision, the Management Board is responsible for submitting a summary of the project to the Ministry of planning and investment; consulted the ministries on matters under the jurisdiction of the ministries.
The ministries are consulted on the project, including adjusting the investment license, have a duty to respond in writing within 7 working days from receipt of project profile; too time without comments in writing shall be considered approved the project.
Article 5:

The investment license is drafted according to the model by the Ministry of planning and investment guide.
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 Nam province (original) and the Ministry of finance, Ministry of Commerce, Ministry of Economics-management techniques and state management agencies concerned (copy).
Article 6: for 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 organize the evaluation and licensing of investment under the provisions of the articles of 109 and 114 Decree No. 24/2000/ND-CP dated 31 July 2000 and Decree No. 27/2003/ND-CP dated 19 March 2003 from the Government.
Article 7.
1. The Management Board instruct the client to implement the project; implement state management for the activities in the Industrial Zones, export processing zones in the Chu Lai open economic zone according to the provisions in the regulation of industrial zones, export processing zones, high-tech zones attached Decree 36/CP dated 24 April 1997 from the Government.
2. The Management Board made the investment license for the investment project has been authorized to grant investment licenses within the limits authorized capital.
3. The case management of the decision with the agreement of the Ministry of planning and investment: by adjusting the investment license that exceed the authorized capital limit, change the target or target additional projects in the investment portfolio.
The reduced apportionment capital Vietnam-party in the case of joint ventures or form JV to 100% foreign investment.
Dissolution of enterprise with foreign investment or termination of business cooperation contract ahead of time.
4. The Management Board decided to dissolve the business and revoked the licenses of investment under current rules.
Article 8.
Quarterly, 6, and every year, the integrated management of the licensing of investment, 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 Quang Nam province.
Article 9: 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 10.
This decision has the effect after 15 days from the Post Gazette.
 

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