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THE
MINISTRY OF PLANNING AND INVESTMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
324/2006/QD-BKH
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Hanoi, April 11, 2006
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DECISION
AUTHORIZING THE MANAGEMENT BOARD OF CHAN MAY-LANG CO ECONOMIC
ZONE, THUA THIEN HUE PROVINCE, TO FORMULATE PROJECTS; RECEIVE AND CONSIDER
PROJECT DOSSIERS; GRANT, ADJUST AND REVOKE INVESTMENT LICENSES AND MANAGE
OPERATIONS OF FOREIGN DIRECT INVESTMENT PROJECTS IN CHAN MAY-LANG CO ECONOMIC
ZONE
THE MINISTER 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 Government's 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 promulgated together with the Government's Decree No. 36/CP of
April 24, 1997;
Pursuant to the Government's Decree No. 61/2003/ ND-CP of June 6, 2003,
defining the functions, tasks, powers and organizational structure of the
Planning and Investment Ministry;
Pursuant to the Prime Minister's Decision No. 233/ 1998/QD-TTg of December 1,
1998, on decentralization and authorization of licensing of foreign direct
investment projects;
Pursuant to the Prime Minister's Decision No. 04/ 2006/QD-TTg of January 5,
2006, establishing Chan May-Lang Co economic zone, Thua Thien Hue province, and
promulgating its Operation Regulation;
Pursuant to the Prime Minister's Decision No. 26/ QD-TTg of January 6, 2006,
approving the Scheme on orientations for development of Chan May-Lang Co
economic zone, Thua Thien Hue province, till 2020;
Pursuant to the Prime Minister's Decision No. 385/ QD-TTg of March 9, 2006,
setting up the Management Board of Chan May-Lang Co economic zone;
Pursuant to the Government Office's Document No. 1602A/PCP-DP of March 29,2006,
notifying the Prime Minister's opinions on authorization of investment
licensing to the Management Board of Chan May-Lang Co economic zone, Thua Thien
Hue province;
At the proposal of the People's Committee of Thua Thien Hue province in
Document No. 629/UBND - CV of March 6, 2006,
DECIDES:
Article 1.-
1. The
Management Board of Chan May-Lang Co economic zone (hereinafter called the
Management Board for short) shall act as the major unit guiding the investment
by investors in Chan May-Lang Co economic zone and operate under the Operation
Regulation of Chan May-Lang Co economic zone promulgated together with the
Prime Minister's Decision No. 04/2006/QD-TTg of January 5,2006; the Regulation
on Industrial Parks, Export-Processing Zones and Hi-Tech Parks promulgated
together with the Government's Decree No. 36/CP of April 24,1997, and the
provisions of law on foreign investment.
2. To authorize
the Management Board to receive and consider project dossiers; grant, adjust
and revoke investment licenses and manage operations of foreign direct
investment projects in Chan May-Lang Co economic zone specified in this
Decision.
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The Management
Board shall consider and grant investment licenses to foreign direct investment
projects in Chan May-Lang Co economic zone which are approved according to the
procedures for registration for investment licensing in accordance with the
provisions of this Decision.
Article 3.-
1. Foreign
direct investment projects in Chan May-Lang Co economic zone which are approved
according to the procedures for registration for investment licensing and which
the Management Board is authorized to license must simultaneously satisfy the
following conditions:
a/ Being
compliant with the planning and the Operation Regulation of Chan May-Lang Co
economic zone approved by competent authorities;
b/ Being other
than group-A projects specified in Clause 1, Article 114 of the Government's
Decree No. 24/2000/ND-CP of July 31, 2000, which was supplemented and amended
in Clause 26, Article 1 of the Government's Decree No. 27/2003/ND-CP of March
19,2003;
c/ Being
outside the domains where the investment licensing powers are not decentralized
as specified Clause 2, Article 115 of Decree No. 24/2000/ND-CP of July 31,
2000, which was supplemented in Clause 27, Article 1 of the Government's Decree
No. 27/2003/ ND-CP of March 19, 2003;
d/ Being
outside the list of domains subject to conditional investment promulgated
together with the Government's Decree No. 24/2000/ND-CP of July 31, 2000, and
Decree No. 27/2003/ND-CP of March 19, 2003;
e/ Being in the
domains of industry, industrial services or being group-B projects which fall
under the Planning and Investment Ministry's deciding competence according to
Clause 2, Article 114 of the Government's Decree No. 24/2000/ND-CP of July 31,
2000, and are capitalized at up to USD 40 million.
2. Project
dossiers of registration for investment licensing shall comply with the
provisions of Clauses 1 and 2, Article 106 of the Government's Decree No. 24/2000/ND-CP
of July 31,2000, which were amended and supplemented in Clause 23, Article 1 of
the Government's Decree No. 27/2003/ND-CP of March 19, 2003. Applications for
investment licensing registration shall be made according to Form 1 and attachments
shall be made according to Forms 2.b, 3.b, 3.c and 4.b in Appendix II to the
Planning and Investment Ministry's Circular No. 12/2000/TT-BKH of September 15,
2000, guiding foreign investment activities in Vietnam.
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3. The
Management Board shall grant investment licenses to investors when their
project dossiers of registration for investment licensing fully satisfy the
conditions and formalities specified in Clause 1 and 2 of this Article.
4. Within 15
working days after receiving valid dossiers, excluding the time for investors
to amend or supplement their investment licensing registration dossiers at the
Management Board's request, the Management Board shall grant investment
licenses to qualified projects.
All requests of
the Management Board for investors to amend or supplement their dossiers of
registration for grant of investment licenses or adjusted licenses must be made
within 7 working days after the receipt of project dossiers.
5. For group-B
projects which have not yet been listed in the approved branch development
planning or product planning, the Management Board shall, before deciding on
the grant of investment licenses thereto, have to send project summaries to the
Planning and Investment Ministry and consult concerned ministries and branches
on matters falling under their competence.
The ministries
and branches consulted on the projects, including adjustment of investment
licenses, shall have to reply in writing within 10 working days after receiving
the project dossiers. Past this time limit, if the consulted ministries and
branches give no reply, they shall be regarded as having approved such
projects.
Article 4.-
1. Investment
licenses shall be made according to the form guided by the Planning and
Investment Ministry.
2. Within 7
(seven) working days after the grant of investment licenses or adjusted
investment licenses, the Management Board shall send investment licenses or
adjusted investment licenses to the Planning and Investment Ministry and the
People's Committee of Thua Thien Hue province (the originals), and the Finance
Ministry, the Trade Ministry, ministries managing econo-technical branches and
relevant state management agencies (copies).
Article 5.-
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Article 6.-
1. The
Management Board shall guide investors in executing their projects and manage
activities in Chan May-Lang Co economic zone according to the Operation
Regulation of Chan May-Lang Co economic zone, Thua Thien Hue province,
promulgated together with the Prime Minister's Decision No. 04/2006/QD-TTg of
January 5, 2006; the Regulation on Industrial Parks, Export-Processing Zones
and Hi-Tech Parks promulgated together with the Government's Decree No. 36/CP
of April 24, 1997, and the provisions of law on foreign investment.
2. The
Management Board shall adjust investment licenses for investment projects it
has granted according to authorization within the limit of the authorized
investment capital level. The adjustment of investment licenses shall comply
with the provisions of Articles 15, 16,17, 18 and 19 of the Planning and
Investment Ministry's Circular No. 12/2000/TT-BKH of September 15, 2000,
guiding foreign investment activities in Vietnam.
3. Cases to be
decided by the Management Board with the Planning and Investment Ministry's
consent:
a/ Due to
adjustment of investment licenses, the projects' capital exceeds the capital
limit of projects which the Management Board is authorized to license specified
in Clause 1, Article 3 of this Decision, but such projects are still of group B
under the Planning and Investment Ministry's deciding competence; change or
addition of objectives of projects on the list of projects in conditional
investment domains;
b/ Decrease of
legal capital contribution proportions of Vietnamese parties in case of joint
ventures or conversion from joint ventures into enterprises with 100% foreign
capital;
c/ Dissolution
of foreign-invested enterprises or termination of business cooperation
contracts ahead of time.
4. Where a
project will become a group-A project due to the adjustment of its investment
license, such adjustment must be approved by the Prime Minister before the
adjustment is effected.
5. The
Management Board shall decide on dissolution of enterprises and revocation of
investment licenses according to current regulations.
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Quarterly,
biannually and annually, the Management Board shall review the grant and
adjustment of investment licenses, and the operations of enterprises in Chan
May-Lang Co economic zone within the scope of its management and send review
reports to the Planning and Investment Ministry and the People's Committee of
Thua Thien Hue province.
Article 8.- The
Planning and Investment Ministry shall create all favorable conditions for and
inspect the Management Board in performing its authorized tasks according to
regulations, and take responsibility before law and the Government for the
authorization defined in this Decision.
Article 9.- This
Decision takes effect 15 (fifteen) days after its publication in "CONG
BAO."
MINISTER
OF PLANNING AND INVESTMENT
Vo Hong Phuc