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.
Article 2.- The consideration and grant of investment licenses to investment projects in Chu Lai Open Economic Zone, approved under the process of registration for investment licensing, shall be effected by the Management Board according to the provisions of this Decision.
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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