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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: 823/2003/QD-BKH
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Hanoi, October
21, 2003
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DECISION
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 INVESTMENT PROJECTS IN INDUSTRIAL
PARKS OR EXPORT PROCESSING ZONES 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 Industrial Parks, Export- Processing Zones and High-Tech Parks
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 on decentralization and authorization of the granting of investment
licenses for foreign direct investment projects;
Pursuant to the Prime Minister's Decision No.108/2003/QD-TTg of June 5, 2003,
establishing, and promulgating the Regulation on operation of, Chu Lai Open
Economic Zone, Quang Nam province;
Pursuant to the Prime Minister's Decision No.184/2003/QD-TTg of September 8,
2003 on the establishment of the Management Board of Chu Lai Open Economic
Zone, Quang Nam province;
At the proposal of the People's Committee of Quang Nam province in Report
No.1687/TTr-UB of September 15, 2003,
DECIDES:
Article 1.-
1. The Management
Board of Chu Lai Open Economic Zone (hereinafter called the Management Board)
shall act as the main body guiding investors to invest in industrial parks
and/or export processing zones of Chu Lai Open Economic Zone, operating
according to the Industrial Parks, Export-Processing Zones and High-Tech Parks
Regulation issued together with the Government's Decree No.36/CP of April 24,
1997 in the geographical area of Chu Lai Open Economic Zone.
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 compatible
with the planning, rules and regulation on operation of Chu Lai Open Economic
Zone, which have been approved by competent authorities.
2. Being projects in
the fields of industries and industrial services, which are capitalized at up
to USD 40 million each, excluding Group A projects defined in Article 114 of
Decree No.24/2000/ND-CP of July 31, 2000, and amended and/or supplemented in
Clause 26, Article 1 of the Government's Decree No.27/2003/ND-CP of March 19,
2003.
3. Their equipment, machinery
and technologies satisfy the current regulations; in case if failing to meet
those regulations, they must be approved by competent State bodies managing
such economic-technical branches.
4. Satisfying the
requirements on environmental protection, labor safety and fire as well as
explosion prevention and fighting.
Article 3.- The consideration
of granting of investment licenses according to the procedures of registration
for granting of investment licenses or the procedures of appraising the granting
of investment licenses shall be effected by the Management Board in close
coordination with the provincial/municipal Services of Planning and Investment
and the local functional bodies as provided for in Articles 104, 105, 106, 107
and 108 of Decree No.24/2000/ND-CP of July 31, 2000 and amended, 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 the Regulation on working coordination with the local
functional bodies, submitting it to the People's Committee of Quang Nam
province for approval and notifying it to the Ministry of Planning and
Investment.
Article 4.-
1. The Management
Board shall organize the appraisal and decide by itself the granting of
investment licenses for the following projects:
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- Industrial
manufacturing enterprises having the investment capital of up to UDS 10 million
and industrial service enterprises having the investment capital of up to USD 5
million, and satisfying the regulations in Article 2 of this Decision.
2. The time limit for
the Management Board to appraise and grant an investment license shall be 15
working days after receiving the project dossier, excluding the time the
investors amend and/or supplement the dossiers of application for investment
license at the Management Board's request.
All requests of the
Management Board for investors to amend and/or supplement the dossiers of
application for granting of investment licenses or adjusted licenses shall be
implemented within 7 working days after the receipt of the project dossiers.
3. For investment
projects not covered by the regulations in Clause 1 of this Article, before
issuing decisions, the Management Board shall have to send the project
summaries to the Ministry of Planning and Investment; gather comments of
ministries and branches on matters falling under their respective competence.
The ministries and
branches which are asked for their comments on the projects, including cases of
adjusting investment licenses, shall have to answer in writing within 7 working
days after the receipt of the project dossiers; past the above-said time limit,
the projects shall be considered being agreed upon if no written comments are
given.
Article 5.- The investment
licenses shall be compiled according to set forms under the guidance of the
Ministry of Planning and Investment
Within 7 working days
after granting the investment licenses or adjusted licenses, the Management
Board shall send the investment licenses or adjusted licenses to the Ministry
of Planning and Investment, the People's Committee of Quang Nam province (the
originals) and the Finance Ministry, the Trade Ministry, the economic-
technical branch managing ministry and the concerned State management bodies
(the copies)
Article 6.- For projects for
which the Management Board is not authorized to grant investment licenses,
after receiving the dossiers, the Management Board shall keep one dossier set
(the copy) and send all the rest, enclosed with its comments on the projects,
to the Ministry of Planning and Investment in order to organize the appraisal
and grant the investment licenses according to the provisions in Articles 109
and 114 of the Government's Decree No.24/2000/ND-CP of July 31, 2000 and Decree
No.27/2003/ND-CP of March 19, 2003.
Article 7.-
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2. The Management
Board shall adjust investment licenses for investment projects which it was
authorized to license within the authorized investment capital limit.
3. Cases on which the
Management Board shall decide with the consent of the Ministry of Planning and
Investment:
- Where the investment
license adjustment results in the excess of the authorized capital level, the
change in objectives or addition of objectives of projects on the list of
fields with conditional investment.
- Where the Vietnamese
parties reduce the legal capital contribution rate in cases of joint ventures
or transformation from joint-ventures to investment with 100% foreign capital.
- Where
foreign-invested enterprises dissolve or the business cooperation contracts
terminate ahead of time.
4. The Management Board
shall decide to dissolve the enterprises and withdraw the investment licenses
according to current regulations.
Article 8.- Quarterly,
biannually and annually, the Management Board shall sum up the granting of
investment licenses, the adjustment of investment licenses, the situation of
activities of enterprises in the industrial parks and export-processing zones
within the scope of its management and send reports thereon to the Ministry of
Planning and Investment and the People's Committee of Quang Nam province.
Article 9.- The Ministry of
Planning and Investment shall create all favorable conditions for the
Management Board to perform the authorized tasks and inspect the performance
thereof strictly according regulations, and take responsibility before law and
the Government for the 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