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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.
395/2004/QD-BKH
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Hanoi,
April 22, 2004
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DECISION
AUTHORIZING BAC GIANG PROVINCE'S INDUSTRIAL
PARKS MANAGEMENT BOARD TO FORMULATE PROJECTS; RECEIVE AND APPRAISE PROJECT
DOSSIERS; GRANT, ADJUST AND WITHDRAW INVESTMENT LICENSES AND MANAGE FOREIGN
INVESTMENT PROJECT ACTIVITIES IN INDUSTRIAL PARKS, EXPORT PROCESSING ZONES
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 of the Government;
Pursuant to the Industrial Park, Export Processing Zone and Hi-Tech Park
Regulation issued 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 Ministry of
Planning and Investment;
Pursuant to the Prime Minister's Decision No. 233/1998/QD-TTg of December 1,
1998 decentralizing and authorizing the grant of investment licenses for
foreign direct investment projects;
Pursuant to the Prime Minister's Decision No. 261/2003/QD-TTg of December 10,
2003 establishing the Industrial Parks Management Board of Bac Giang province;
At the proposal of the People's Committee of Bac Giang province in Official
Dispatch No. 08/CV-UB of April 6, 2004,
DECIDES:
Article 1.-
1. Bac Giang province's
Industrial Parks Management Board (hereinafter called the Management Board for
short) is the key body guiding investors in industrial parks and export
processing zones to operate according to the Industrial Park, Export Processing
Zone and Hi-Tech Park Regulation issued together with the Government's Decree
No. 36/CP of April 24, 1997 in the geographical areas of Bac Giang province.
The investment project dossiers
shall be compiled under the guidance of the Ministry of Planning and Investment.
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Article 2.- The investment
projects for which the Management Board is authorized to grant investment
licenses must satisfy the following conditions:
1. Being in line with the
planning, charters and operation regulations of the industrial parks or
export-processing zones, already approved by competent authorities.
2. Being industrial or
industrial service projects capitalized at up to USD 40 million each, except
Group-A projects prescribed in Article 114 of Decree No. 24/2000/ND-CP of July
31, 2000 and supplemented, amended at Clause 26, Article 1 of Decree No.
27/2003/ND-CP of March 19, 2003 of the Government.
3. Their equipment, machinery
and technologies satisfy the current regulations; in case of failing to satisfy
such regulations, they must be approved by competent State bodies managing the
techno-economic branches.
4. Meeting the requirements on
environ-mental protection, labor safety, fire and explosion prevention and
fighting.
Article 3.- The consideration of
grant of investment licenses according to the investment license-granting
registration process or the investment license-granting appraisal process shall
be effected by the Management Board in close coordination with the provincial
Service of Planning and Investment and functional bodies of the locality as
provided for in Articles 104, 105, 106, 107, 108 of Decree No. 24/2000/ND-CP of
July 31, 2000 and supplemented and amended in Clauses 22 and 23 of Article 1 of
Decree No. 27/2003/ND-CP of March 19, 2003.
The Management Board shall have
to work out a Regulation on working coordination with the local functional
bodies, submit it to the People's Committee of Bac Giang province for approval
and notify the Ministry of Planning and Investment thereof.
Article 4.-
1. The Management Board shall
organize the appraisal and decide itself on the grant of investment licenses to
projects of the following types:
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- Industrial production
enterprises and industrial service enterprises with an investment capital of up
to USD 5 million each and meeting the regulations in Article 2 of this
Decision.
2. The time limit for the
Management Board to appraise and grant an investment license is 15 working days
as from the date of receing the project dossiers, excluding the duration in
which the investor amends and/or supplements the dossier of application for the
investment license at the request of the Management Board.
All requests of the Management
Board for amendment and supplementation of the dossiers of application for
investment licenses, adjusted licenses must be implemented within 7 working
days after receiving the project dossiers.
3. For investment projects not
governed by the provisions of Clause 1 of this Article, the Management Board,
before issuing decisions, shall have to send the project summaries to the
Ministry of Planning and Investment; consult the ministries, branches on
matters falling under their respective competence.
The ministries and/or branches
consulted on projects, including cases of adjusting the investment licenses,
shall have to reply in writing within 7 working days after receiving the
project dossiers; if past the above-mentioned time limit they give no written
replies, they are considered having approved the projects.
Article 5.- The investment
licenses shall be made according to set forms guided by the Ministry of
Planning and Investment.
Within 7 working days as from
the date of granting the investment licenses or adjusted licenses, the Management
Board shall send the investment licenses or the adjusted licenses to the
Ministry of Planning and Investment and the People's Committee of Bac Giang
province (the original) and the Finance Ministry, the Trade Ministry, the
techno-economic branch- managing ministries and relevant State management
bodies (the copies).
Article 6.- For projects for
which the Management Board is authorized to grant the investment licenses, the
Management Board, after receiving the dossiers, shall keep one set of dossiers
(the copies) and transfer the rest enclosed with its written opinions on the
projects, to the Ministry of Planning and Investment for appraisal and grant of
investment licenses as provided for in Articles 109 and 114 of Decree No.
24/2000/ND-CP of July 31, 2000 and Decree No. 27/2003/ND-CP of March 19, 2003
of the Government.
Article 7.-
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2. The Management Board shall
adjust investment licenses for investment projects it is authorized to license
within the authorized investment capital limit.
3. Cases where the Management
Board shall decide with the consent of the Ministry of Planning and Investment:
- The adjustment of investment
licenses leads to the excess of the authorized capital limit, the change in
objectives or addition of objectives of projects on the list of conditional
investment domains.
- The decrease of the Vietnamese
parties' legal capital contribution percentage in case of joint ventures or
shift from joint-venture to form of investment with 100% foreign capital.
- Dissolution of foreign
investment enterprises or termination of business cooperation contracts ahead
of time.
4. The Management Board shall
decide on the dissolution of enterprises and withdraw the investment licenses
according to the current regulations.
Article 8.- Quarterly, biannually
and annually, the Management Board shall sum up the grant of investment
licenses, the adjustment of investment licenses, the situation of activities of
enterprises in the industrial parks or export processing zones under its
management and send the reports thereon to the Ministry of Planning and
Investment and the People's Committee of Bac Giang province.
Article 9.- The Ministry of
Planning and Investment shall create all favorable conditions for, and check
the Management Board in performing the authorization strictly according to
regulations, take responsibility before law and the Government for its
authorization prescribed in this Decision.
Article 10.- This Decision takes
implementation effect 15 days after its publication in the Official Gazette.
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MINISTER
OF PLANNING AND INVESTMENT
Vo Hong Phuc