THE MINISTRY OF PLANNING AND INVESTMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
305/2004/QD-BKH
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Hanoi,
March 26, 2004
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DECISION
AUTHORIZING THAI BINH PROVINCE'S INDUSTRIAL
PARKS MANAGEMENT BOARD TO FORMULATE PROJECTS; RECEIVE AND EVALUATE PROJECT
DOSSIERS; GRANT, ADJUST AND WITHDRAW INVESTMENT LICENSES, AND MANAGE ACTIVITIES
OF FOREIGN-INVESTED PROJECTS IN INDUSTRIAL PARKS AND 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 the Government's 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 decentralized and authorized licensing of foreign direct investment
projects;
Pursuant to the Prime Minister's Decision No. 15/2004/QD-TTg of January 29,
2004 establishing Thai Binh province's Industrial Parks Management Board;
At the proposal of the People's Committee of Thai Binh province in Official
Dispatch No. 250/UB-CN of February 27, 2004,
DECIDES:
Article 1.-
1. Thai Binh province's
Industrial Parks Management Board (hereinafter called the Management Board)
shall act as a main body in guiding foreign investors to invest in industrial
parks and export-processing zones operating under 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, in Thai Binh province.
Investment projects' dossiers
shall be compiled under the Planning and Investment Ministry's guidance.
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Article 2.- To be licensed by the
authorized Management Board, investment projects must meet the following
conditions:
1. Being compatible with the
Industrial Park or Export-Processing Zone Planning and Charter approved by
competent authorities.
2. Being industrial or industrial-service
projects capitalized at up to USD 40 million each, excluding group-A projects
prescribed in 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. Having equipment, machinery
and technologies satisfying the current prescribed requirements; in case of
non-satisfaction, they must be approved by competent State agencies managing
relevant econo-technical branches.
4. Meeting the requirements on
environmental protection, labor safety as well as fire and explosion prevention
and fighting.
Article 3.-
The investment licensing
according to the process of registration for investment licensing or the
process of investment licensing evaluation shall be considered by the
Management Board in close coordination with the provincial/municipal Services
of Planning and Investment and local functional agencies according to the
provisions of Articles 104, 105, 106, 107 and 108 of Decree No. 24/2000/ND-CP
of July 31, 2000, and supplemented and amended in Clauses 22 and 23, Article 1
of Decree No. 27/2003/ND-CP of March 19, 2003.
The Management Board shall have
to elaborate a Regulation on working coordination with local functional
agencies, submit it to the People's Committee of Thai Binh province for
approval, and notify the Ministry of Planning and Investment thereof.
Article 4.-
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- Export-processing enterprises
capitalized at up to USD 40 million each;
- Industrial-production or
industrial-service enterprises capitalized at up to USD 5 million each and
meeting the conditions prescribed in Article 2 of this Decision.
2. The time limit for the
Management Board to evaluate and license an investment project is 15 working
days after receiving the project dossiers, excluding the time for investors to
amend or supplement their dossiers of application for investment licensing at
the Management Board's requests.
All requests of the Management
Board to investors for amendment and/or supplementation of the dossiers of
application for granting of investment licenses or adjusted licenses shall be
made within 7 working days after the project dossiers are received.
3. For investment projects not
defined in Clause 1 of this Article, before making decisions, the Management
Board shall have to send the projects' summaries to the Ministry of Planning
and Investment, and consult ministries and branches on issues falling under
their respective competence.
The ministries and branches
which are consulted on the projects, including on the adjustment of investment
licenses, shall have to give their written replies within 7 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 approve the projects.
Article 5.-
Investment licenses shall be
compiled according to a form set by the Ministry of Planning and Investment.
Within 7 working days after
granting investment licenses or adjusted licenses, the Management Board shall
send such investment licenses or adjusted licenses to the Ministry of Planning
and Investment and the People's Committee of Thai Binh province (the
originals), as well as the Ministry of Finance, the Ministry of Trade,
ministries managing econo-technical branches and relevant State management
agencies (copies).
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Article 7.-
1. The Management Board shall
guide investors in executing the projects and perform the State management over
activities in industrial parks and export-processing zones according to the
provisions of 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.
2. The Management Board shall
also adjust investment licenses for investment projects under its licensing
competence within the authorized investment capital limit.
3. The following cases may be
decided by the Management Board after consulting the Ministry of Planning and
Investment:
- The investment capital amount
exceeds the authorized limit due to adjustment of investment licenses; the
objectives of the projects subject to conditional investment are changed or
added.
- Vietnamese partners' legal
capital contributions are reduced in joint ventures, or joint ventures are
transformed into enterprises with 100% foreign capital.
- 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.
Article 8.- Quarterly, biannually
and annually, the Management Board shall sum up the granting and adjustment of
investment licenses as well as activities of enterprises in the industrial
parks and export-processing zones under its management and send reports thereon
to the Ministry of Planning and Investment and the People's Committee of Thai
Binh province.
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Article 10.- This Decision takes
implementation effect 15 days after its publication in the Official Gazette.
MINISTER OF PLANNING AND INVESTMENT
Vo Hong Phuc