Quyết định 910/2005/QD-BKH

DECISION

AUTHORIZING BEN TRE PROVINCES INDUSTRIAL PARKS MANAGEMENT BOARD TO FORMULATE PROJECTS, RECEIVE AND EVALUATE PROJECT DOSSIERS; GRANT, ADJUST AND WITHDRAW INVESTMENT LICE AND MANAGE OPERATION OF FOREIGN INVESTMENT PROJECTS IN INDUSTRIAL PARKS AND EXPORT-PROCESSING ZONES

THE MINISTRY OF PLANNING AND INVESTMENT

Pursuant to the November 12,1996 Law on Foreign Investment in Vietnam and the 2000 Law Amending and Supplementing a Number of Articles of the Law on Foreign Investment in Vietnam;
Pursuant to the Governments Decree No.24/2000/ND-CP of July 31,2000, detailing the implementation of the Law on Foreign Investment in Vietnam and Decree No. 27/2003/ND-CP of March 19,2003, amending and supplementing a number of articles of Decree No.24/2000/ND-CP;
Pursuant to the Regulation on Industrial Parks, Export-Processing Zones and Hi-Tech Parks, issued together with the Governments Decree No.36/CP of April 24,1997;
Pursuant to the Governments Decree No.61/2003/ND-CP of June 6, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;
Pursuant to the Prime Ministers Decision No.233/1998/QD-TTg of December 1,1998, on decentralizing and authorizing the licensing of foreign direct investment projects;
Pursuant to the Prime Ministers Decision No.178/2005/QD-TTg of July 15, 2005, establishing Ben Tre Provinces Industrial Parks Management Board;

At the proposal of the Peoples Committee of Ben Tre province in Official Letter No.1707/TTr-UB of August 25,2005,

DECIDES:

Article 1.

1. Ben Tre Provinces Industrial Parks Management Board (hereinafter referred to as the Management Board) shall be the coordinator guiding investors who invest in industrial parks and/or export-processing zones located in Ben Tre province and operating under the Regulation on Industrial Parks, Export-Processing Zones and Hi-Tech Parks, issued together with the Governments Decree No.36/CP OF April 24,1997.

Investment project dossier shall be complied under the guidance of the Ministry of Planning and Investment.

2. To authorize the Management Board to receive and evaluate project dossiers; to grant to, adjust and withdraw investment licenses from, and manage the operation of, foreign investment projects in industrial parks and export-processing zones defined in this Decision.

Article 2.

Investment projects which the Management Board is authorized to license must meet the following conditions:

1. Being in line with the planning and charter of the industrial park or export-processing zone, which have been approved by competent authorities.

2. Being industrial or industrial-service projects capitalized at up to USD 40 million, except for group-A projects provided for in article 114 of the Governments Decree No.24/2000/ND-CP of July 31,2000, which was amended and supplemented in clause 26, Article 1 of Decree No.27/2003/ND-CP of March 19,2003.

3. Having their equipment, machinery and technologies which comply with current regulations; in case of non-satisfaction, approval of competent state agencies in charge of relevant economic-technical matters must be obtained.

4. Meeting requirements on environmental protection, labor safety, and fire and explosion prevention and fight.

Article 3.

The Management Board shall, in close coordination with the provincial Planning and Investment Service and local functional agencies, consider and grant investment licenses according to the investment licensing-registration process or investment licensing-evaluation process under the provisions of Articles 104,105,106, 107 and 108 of the Governments Decree No.24/2000/ND-CP of July 31,2000, which were amended and supplemented in Clauses 22 and 23, Article 1 of Decree No.27/2003/ND-CP of March 19,2003.

The Management Board shall have to formulate and submit a Regulation on coordination with local functional agencies to the Peoples Committee of Ben Tre province for approval, and report thereon to the Ministry of Planning and Investment.

Article 4.

1. The Management board shall evaluate and decide by itself to grant investment licenses to projects of the following types:

- Export-processing enterprises having an investment capital of up to USD 40 million each;

- Industrial-production or industrial-service enterprises having an investment capital of up to USD 5 million each, and complying with the provisions of Article 2 of this Decision.

2. The time limit for the Management board to evaluate and grant investment licenses is 15 working days after receiving project dossiers, excluding the time for investors to amend or supplement their dossiers of application for investment licenses at the request of the Management Board.

The Management Board must make reports to investors for amendment or supplementation of their dossiers of application for investment licenses or adjustment of licenses within 7 working days after receiving such dossiers

3. For investment projects not provided for in Clause 1 of this Article, before making decisions, the Management Board shall have to send brief descriptions thereof to the Ministry of Planning and Investment; and consult ministries and branches on matters falling within the scope of their respective competence.

Ministries and branches, when being consulted on projects, including cases of adjustment of investment licenses, shall have to reply in writing within 7 working days after receiving project dossiers; beyond this time limit, if they fail to issue a written reply, they shall be consider having approved the projects.

Article 5. Investment licenses shall be made according to a form guided by the Ministry of Planning and Investment.

Within 7 working days after granting investment licenses or adjusted licenses, the Management Board shall send the originals of these licenses to the Ministry of planning and investment and the Peoples Committee of Ben Tre province, and their copies to the Ministry of Finance, the Ministry of Trade, the econo-technical branch-managing ministries and concerned state management agencies.

Article 6. For project which the Management Board is not authorized to license, after receiving their dossiers, the Management Board shall keep 01 dossier set (copy) and transfer all remaining sets, enclosed with its opinions thereon, to the Ministry of Planning and Investment for evaluation and licensing according to the provisions of Article 109 and 114 of the Governments Decree No. 224/2000/ND-CP of July 31,2000, and Decree No.27/2003/ND-CP of March 19,2003.

Article 7.

1. The Management Board shall guide investors to execute their projects; perform the state management of activities in industrial parks and export-processing zones according to the provisions of the Regulation on Industrial Parks, export-Processing Zones and hi-Tech Park, issued together with the Governments Decree No.36/CP of April 24,1997.

2. The Management board shall adjust investment licenses of projects which it has, as authorized, licensed, within the limit of investment capital under its authorized power.

3. In the following cases, the Management Board shall make decisions after consulting the Ministry of Planning and investment:

- The adjustment of investment licenses will increase the projects investment capital to a level higher than the limit under its authorized power or result in a change in the objectives or addition of objectives of projects on the list of domains subject to conditional business.

- Reduction of the Vietnamese partys legal capital contribution in case of joint venture or transformation of a joint venture into an enterprise with 100% foreign capital.

- Dissolution of foreign-invested enterprises or ahead-of-schedule termination of business cooperation contracts.

4. The Management Board shall decide on the dissolution of enterprises and withdraw investment licenses according to current regulations.

Article 8. Quarterly, biannually and annually, the Management board shall make sum-up reports on the grant and adjustment of investment licenses and the operation of enterprises in industrial parks and export-processing zones under its management and send such reports to the Ministry of Planning and investment and the Peoples Committee of Ben Tre province.

Article 9. The Ministry of Planning and Investment shall facilitate and inspect the Management board in performing its authorized tasks strictly according to regulations, and bear responsibility before law and the Government for the authorization provided for in this Decision.

Article 10. This Decision takes effect 15 days after its publication in CONG BAO