THE MINISTRY OF PLANNING AND
INVESTMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 540/2004/QD-BKH
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Hanoi, June 7, 2004
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DECISION
AUTHORIZING THE MANAGEMENT BOARD OF
CHU LAI OPEN ECONOMIC ZONE, QUANG NAM PROVINCE, TO FORMULATE PROJECTS; RECEIVE
AND CONSIDER PROJECT DOSSIERS; GRANT, ADJUST AND WITHDRAW INVESTMENT LICENSES,
AND MANAGE ACTIVITIES OF FOREIGN-INVESTED PROJECTS IN CHU LAI OPEN 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 Ministry of Planning
and Investment;
Pursuant to the Prime Minister's Decision No. 233/1998/QD-TTg of December 1,
1998 on decentralization and authorization of the licensing of foreign direct
investment projects;
Pursuant to the Prime Minister's Decision No. 108/2003/QD-TTg of June 5, 2003
establishing Chu Lai Open Economic Zone, Quang Nam province, and promulgating
its Operation Regulation;
Pursuant to the Prime Minister's Decision No. 184/2003/QD-TTg of September 8,
2003 establishing the Management Board of Chu Lai Open Economic Zone, Quang Nam
province;
Pursuant to the Prime Minister's Decision No. 43/2004/QD-TTg of March 23, 2004
approving the general planning on construction of Chu Lai Open Economic Zone,
Quang Nam province;
At the proposals of the People's Committee of Quang Nam province in Report No.
1687/TTr-UB of September 15, 2003, Official Dispatch No. 2071/UB-KTM of
November 18, 2003 and Report No. 166/TTr-UB of February 6, 2004,
DECIDES:
Article 1.-
1. The Management Board of Chu Lai Open Economic Zone, Quang
Nam province, (hereinafter called the Management Board) shall act as the main
body in guiding investors to invest in Chu Lai Open Economic Zone, which
operate under the Operation Regulation of Chu Lai Open Economic Zone, Quang Nam
province, promulgated together with the Prime Minister's Decision No.
108/2003/QD-TTg of June 5, 2003; the Regulation on Industrial Parks,
Export-Processing Zones and Hi-Tech Parks, promulgated together with the
Governments Decree No. 36/CP of April 24, 1997, and law provisions on foreign
investment.
2. To authorize the Management Board to receive and consider
project dossiers; grant, adjust and withdraw investment licenses to, and manage
activities of, foreign projects for investment in Chu Lai Open Economic Zone
prescribed in this Decision.
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Article 3.- To be licensed by the authorized
Management Board, investment projects in Chu Lai Open Economic Zone, approved
under the process of registration for investment licensing, must simultaneously
meet the following conditions:
1. Being compatible with the Planning, Charter and Operation
Regulation of Chu Lai Open Economic Zone, approved by competent authorities;
2. Being other than group-A projects as prescribed in Clause
1, Article 114 of the Government's Decree No. 24/2000/ND-CP of July 31, 2000,
and supplemented and amended in Clause 26, Article 1 of the Government's Decree
No. 27/2003/ND-CP of March 19, 2003;
3. Not falling in the fields where investment licensing is
not decentralized as prescribed in Clause 2, Article 115 of the Government's
Decree No. 24/2000/ND-CP of July 31, 2000, and supplemented in Clause 27,
Article 1 of the Government's Decree No. 27/2003/ND-CP of March 19, 2003;
4. Being industrial or industrial-service projects and
group-B projects capitalized at up to USD 40 million each, which fall under the
deciding competence of the Ministry of Planning and Investment as prescribed in
Clause 2, Article 114 of the Government's Decree No. 24/2000/ND-CP of July 31,
2000.
Article 4.-
1. Apart from the conditions prescribed in Article 3 of this
Decision, projects subject to registration for investment licensing must also
meet one of the following conditions:
a/ Export-processing enterprises with investment capital of
up to USD 40 million each in industrial parks, export-processing zones, hi-tech
parks and non-tariff areas belonging to Chu Lai Open Economic Zone;
b/ Industrial production enterprises with investment capital
of up to USD 10 million each and industrial-service enterprises with investment
capital of up to USD 5 million each in industrial parks, export-processing
zones, hi-tech parks and non-tariff areas belonging to Chu Lai Open Economic
Zone;
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d/ Projects with investment capital of up to USD 10 million
and percentage of export products of 80% or more each inside the tariff areas
and outside industrial parks, export-processing zones or hi-tech parks
belonging to Chu Lai Open Economic Zone.
2. Dossiers of projects of registration for investment
licensing shall comply with the provisions of Clauses 1 and 2, Article 106 of
Decree No. 24/2000/ND-CP of July 31, 2000, and supplemented and amended in
Clause 23, Article 1 of the Government's Decree No. 27/2003/ND-CP of March 19,
2003. Applications of registration for investment licensing shall be made
according to Form 1, while their enclosed documents shall be made according to
Forms 2b, 3b, 3c and 4b of Appendix II (not printed herein) to the Planning and
Investment Ministry's Circular No. 12/2000/TT-BKH of September 15, 2000 guiding
foreign investment activities in Vietnam. In cases where investment projects
are on the lists of those subject to the elaboration of environment impact
assessment reports, investors shall abide by the provisions of Circular No.
490/1998/TTBKHCNMT of April 29, 1998 of the Ministry of Science, Technology and
Environment, guiding the elaboration and evaluation of environment impact
assessment reports for investment projects, enclosed with project dossiers of
registration for investment licensing.
3. The Management Board shall grant investment licenses when
the investors' project dossiers of registration for investment licensing fully
meet the conditions and procedures prescribed in Article 3 and Clauses 1 and 2,
Article 4, of this Decision.
4. Within 15 working days after receiving the valid
dossiers, excluding the time for investors to amend or supplement their
dossiers of registration for investment licensing at the Management Board's
requests, the Management Board shall grant investment licenses to the projects
fully meeting the prescribed conditions.
All requests of the Management Board to investors for
amendment and/or supplementation of the dossiers of registration for investment
licensing or adjusted licenses shall be made within 7 working days after the
project dossiers are received.
5. For investment projects not defined in Clause 1 of this
Article, or group-B projects not yet included in the approved branch
development plannings or product plannings, before making decisions to grant
investment licenses, the Management Board shall have to send the projects'
summaries to the Ministry of Planning and Investment, and consult the concerned
ministries and/or branches on issues falling under their respective competence
for consideration and approval.
The ministries and branches which are consulted on the
projects, including on adjustment of investment licenses, shall have to give
their written replies within 10 working days after receiving the project
dossiers; if past the above-said time limit, they fail to give their written
opinions, they shall be deemed to have approved the projects.
Article 5.-
1. Investment licenses shall be compiled according to a form
set by the Ministry of Planning and Investment.
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Article 6.- For investment projects which the
Management Board is not authorized to license, after receiving the project
dossiers, the Management Board shall keep one dossier set (copies) and transfer
all other documents, enclosed with its comments on the projects, to the
Ministry of Planning and Investment for licensing registration according to the
provisions of Articles 105 and 106 of the Government's Decree No. 24/2000/ND-CP
of July 31, 2000, and supplemented and amended in Clauses 22 and 23, Article 1
of the Government's Decree No. 27/2003/ND-CP of March 19, 2003, or licensing
appraisal according to the provisions of Articles 109 and 114 of Decree No.
24/2000/ND-CP of July 31, 2000, and amended and supplemented in Clause 26,
Article 1 of the Government's Decree No. 27/2003/ND-CP of March 19, 2003.
Article 7.-
1. The Management Board shall guide investors in executing
their projects and perform the State management over activities in Chu Lai Open
Economic Zone according to the provisions of the Operation Regulation of Chu
Lai Open Economic Zone, Quang Nam province, promulgated together with the Prime
Minister's Decision No. 108/2003/QD-TTg of June 5, 2003; the Regulation on
Industrial Parks, Export-Processing Zones and Hi-Tech Parks, issued together
with the Government's Decree No. 36/CP of April 24, 1997, and law provisions on
foreign investment.
2. The Management Board shall adjust the investment licenses
for investment projects under its licensing competence within the authorized
investment capital limit. 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 where the Management Board shall decide with the
agreement of the Ministry of Planning and Investment:
a/ The investment capital amount exceeds the authorized
limit due to adjustment of investment licenses; the objectives of the projects
on the list of those subject to conditional investment are changed or added.
b/ The legal capital of the Vietnamese parties to joint
ventures reduces, or joint ventures are transformed into enterprises with 100%
foreign investment capital.
c/ Foreign-invested enterprises are dissolved or cooperation
business contracts terminate ahead of time.
4. The Management Board shall decide on the dissolution of
enterprises and withdraw investment licenses according to the current
regulations.
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Article 9.- The Ministry of Planning and
Investment shall create all favorable conditions and examine the performance of
authorized tasks by the Management Board strictly according to regulations, and
be answerable to law and the Government for the authorization prescribed in
this Decision.
Article 10.- This Decision takes implementation
effect fifteen days after its publication in the Official Gazette and replaces
the Planning and Investment Minister's Decision No. 823/2003/QD-BKH of October
21, 2003 authorizing the Management Board of Chu Lai Open Economic Zone, Quang
Nam province, to formulate projects; receive and appraise project dossiers;
grant, adjust and withdraw investment licenses, and manage activities of
foreign projects for investment in industrial parks and export-processing zones
in Chu Lai Open Economic Zone.
MINISTER OF PLANNING AND
INVESTMENT
Vo Hong Phuc