The 2018 Investment and Incentive Code of the Municipality of La Paz, Leyte

July 11, 2018 Excerpt from the Minutes of the Second Regular Session of the Sangguniang Bayan of La Paz, Leyte, Held on July 11, 2018 at Legislative Session Hall. LA PAZ MUNICIPAL ORDINANCE NO. 004-18 AN ORDINANCE APPROVING THE 2018 INVESTMENT AND INCENTIVE CODE OF THE MUNICIPALITY OF LA PAZ, LEYTE SPONSOR : Hon. Odell R. Baroa CO-SPONSORS : Hon. Lyndo A. Quia, Hon. Jose T. Cartel, Hon. Gloria M. Tejome, Hon. Eduardo R. Caalim, Hon. Jul C. Co, Hon. Antonia A. Alpino, Hon. Arvin G. Terado, Hon. Danilo F. Gomez, Hon. Arianne Marie P. Go CHAPTER I Title and Declaration of Policy SECTION 1. Title. This Ordinance shall be known as "THE 2018 INVESTMENT AND INCENTIVE CODE OF THE MUNICIPALITY OF LA PAZ, LEYTE." SECTION 2. Scope. The Incentive granted in this Code shall be an additional to any incentive granted by the national government registered to enterprise. SECTION 3. Policy Statement . It is hereby declared to be the policy of the Municipal Government of La Paz, Leyte to exploit key opportunities, advantage and potentials to become the Central for Business and Commerce of the East to create employment opportunities and spur-economic activities which is aimed to improve the quality of life of its constituents. In order to achieve this, the Municipality of La Paz, Leyte will be committed to provide service that address the inventors need, and to lay down a comprehensive, detailed and strategic implementation/action plan that is realistic and can be easily understood and adopt. We shall seek to continuously strengthen the competitiveness of our system, services and people to satisfy inventors more effectively that our competitors, realizing that rewards, privileges and incentives are key motivators for driving an ends result, La Paz, Leyte will be proactive in incentives and support measures to maintain its attractiveness and achieve business and investment-friendly environment. CHAPTER II Definition of Terms SECTION 4. Definition of Terms . In this Code, unless the contexts require otherwise: a.) LOCAL INVESTMENT INCENTIVE CODE shall refer to the Municipality of La Paz, Investment and Incentive Code of 2018; b.) MUNICIPALITY shall refer to Municipality of La Paz, covering all areas within its territorial jurisdiction as delineated by its charter and by law; c.) BOARD shall refer to the Municipality of La Paz, Investment and Incentive board; d.) CENTER refer to Investment Promotion Center; e.) INVESTMENT means expenditures of capital by inventors to establish a new enterprise or expand or upgrade one that already exist; f.) EXISTING ENTERPRISE shall refer to those firms whose places of operation are presently located in the Municipality of La Paz; g.) EXPANSION shall refer to the installation of additional facilities and/or equipment that will result in the increase of production or service capacity of the diversification of products or services. h.) PREFERRED AREAS OF INVESTMENT refer to the investment identified by the board in consultation with other sectors to be given preference; i.) NEW INVESTORS/ENTERPRISE shall refer to a new investment or to an existing enterprise with plans to diversify or expand to other business ventures which falls within the preferred location areas or priority economic activities, as determined in the Investment Development Plan. j.) PRIORITY INVESTMENT ECONOMIC ENTERPRISE ACTIVITIES shall mean the economic activities that the Board shall determine to have potential for more productivity and employment generation if located in the preferred location areas. aScITE k) REGISTERED ENTERPRISE shall refer to a business enterprise, whether owned and operated by an individual, partnership, corporation or cooperative duly registered under the provision of this Code. CHAPTER III Local Investments and Incentives Board (LIIB) 1. Creation The LOCAL INVESTMENT AND INCENTIVE BOARD (LIIB) is created to implement the provisions of the Local Investment and Incentive Code (LIIC) . 2. Composition of the LOCAL INVESTMENT AND INCENTIVE BOARD (LIIB) as follows: CHAIRMAN Local Chief Executive VICE-CHAIRMAN President of the Local Chamber of Commerce & Industry or any other duly accredited private/business association members: a. The designated LEIPOs/IPOs /The Local Planning and Development Coordinator; b. Department Heads representing major local economic drivers (Tourism and Agriculture, as the case may be) ; c. The Sanggunian Chairperson of the Committee on Trade, Commerce and Industry or Economic Development; d. Private Sector Representatives of significant business/industry in the locality to be appointed by the Local Chief Executive, for a term of two (2) years, duly accredited by the Sanggunian. The LGU may invite representatives from National Government Agencies (NGAs) and other relevant stakeholders into the LIIB or as resource persons/advisers. 3. Meetings and Quorum of the Board The Board shall meet once a month or as necessary, on such a day and time as it may fix. The presence of at least a majority of all the members shall constitute a quorum. All decisions and policies acted upon by at least the majority of the members present during the meeting, there being a quorum, shall be considered valid. 4. Proposed Powers and Functions of the Board The primary function of the Board is to establish a favorable and a stable policy on business climate which will encourage and support private sector investment and in the operation of business activities. Pursuant to this, the Board is generally vested with the following powers: a. Promulgate the Implementing Rules and Regulations (IRR) of the LIIC; HEITAD b. Recommend to the Sanggunian any amendments on the Code; c. Adopt an investments promotion program; d. Periodically review Investment Priority Areas (IPAs) eligible for incentives; e. Act on applications for registration of projects and availment of local incentives; f. Supervise the operations of the IPC ; g. Establish cooperative undertakings with other LGUs, the private sector, NGOs or other institutions as may be necessary; h. Enlist the assistance of local government offices, national agencies and private sector organizations, as may be necessary, useful and incidental to the effective and efficient implementation of the LIIC ; (possibly transfer to IPC) i. Establish trade and investment satellite offices in such other places as may be necessary to effectively carry out its mandates; and j. Perform such other tasks necessary and incidental to the exercise and performance of their functions. 5. Powers and Functions of the Chairperson The Chairman of the Board shall have the following powers and duties: a. To preside over the regular and special meetings of the Committee; b. To sign the Certificate of Registration in accordance with the rules and regulations of this Code; c. Generally, to exercise such other powers and perform such other duties as may be necessary to carry out the objectives of this Code. 6. Powers and Functions of the Vice Chairperson The Vice-Chairman of the Board shall have the following powers and duties: a. To preside over the regular and special meetings of the Committee in the absence of the Chairperson; and b. To perform such other duties and functions as may be necessary for and in behalf of the latter. 7. Visitorial Power of the Board The Board or any duly authorized member thereof, shall be empowered and authorized to conduct an ocular inspection of the premises or examination of the business activity of any enterprise, including the records and books of any enterprise, registered or applying for registration at any reasonable time of the day, during office hours, for verification or ascertaining the enterprise's compliance with the provisions of the Code, or when the Board deems it necessary or incidental to the effective exercise and performance of their respective functions and powers. CHAPTER IV Investments Promotion Center (IPC) 1. Creation The Investments Promotion Center (IPC) is created to carry out the objectives of the LIIC . ATICcS The IPC is a generic name of the lead office on investments promotion. The IPC may either be a stand-alone office or subsumed under a relevant existing office. 2. Working Force of the IPC The Board appoints the head of the IPC who may be the Local Economic and Investments Promotion Officer (LEIPO) in accordance with DILG Memorandum Circular (MC) 2010-113 on the Designation of Local Economic and Investments Promotion Officers (LEIPOs)/Investments Promotion Officer (IPO)/PPDO. 3. Proposed Functions of the IPC The IPC as One-Stop-Shop shall serve as the Technical Secretariat of the Board and shall take an active role in implementing the Code. In addition, it shall have the following duties and functions: a. Prepare and implement the annual investments promotion plan as approved by the Board; b. Receive, process and evaluate applications for registration and applications for the availment of the local incentives and submit its recommendation to the Board within a specified period from the receipt of application; c. Assist in: (1) Securing Licenses and Permits ; (2) Identifying business or joint venture partners, raw materials suppliers and possible business sites ; (3) Sourcing out skilled manpower and service providers ; (4) Facilitate in resolving issues and concerns encountered by investors, among others ; d. Render after care services to registered enterprises/locators; e. Monitor and evaluate project implementation of registered enterprises; f. Establish and update data bank on general business information; g. Strengthen networking relationships; h. Prepare and disseminate investment promotion collaterals, i.e. , brochures, industry and project profile as well as the cost of doing business in the LGU; i. Conduct briefings to investors; j. Represent the LGU in trade and investments meetings, conferences, fora, conventions, and other similar gatherings in both domestic and foreign venues whenever so directed by the Board; k. Collate, analyze and compile pertinent data and studies concerning areas that have been or may be declared as "Investment Priority Areas" ; l. Recommend to the Board any modification/amendments to existing legislation and procedures on local investments; m. Perform such other functions as may be necessary to implement the intent of the Code. TIADCc CHAPTER V Incentives SECTION 5. Fiscal Incentives . From the start of business operation a registered/business enterprise under this Code shall be exempted from payment of the business taxes for the period of three (3) years. SECTION 6. Non-Fiscal Incentives . All registered and qualified enterprises shall be entitled to the following non-fiscal incentives: a) Free technical assistance Trainings, workshop and seminars shall be given to all locally manufactured products to further improve their knowledge and given them access to production technologies for the enhancement of labeling, packing and proper sanitation; b) Access to Basic Needs Assistance in gaining access to utilities such as water, electricity, and telecommunication; c) Free consultation Information and investment consultation is readily for both local foreign inventors at no change; d) Subcontracting To assist and support the small and medium enterprise into productive sub-contracting, arrangements by arranging factory visits to electronics and automotive assembles; e) Database of all the existing enterprise Shall provide a free service industry, database which will be located at the links section of the Municipality's office website: www____________ contain information about supporting industries, this will serve as yellow pages through which new existing enterprise can shop for the cost effective products that meet the company needs. The link shall also offers the opportunity to be marketed outside La Paz, Leyte as site is online, enabling customers to access their information around the clock. f) Active Private Sector/Civil Society participation Non Governmental organizations, civil groups, association of professionals and all accredited organizations of La Paz, Leyte that offers funding possibilities to viable projects and serving the interests and needs of La Paz, Leyte investment community. They also provide the most up to date information on municipality's investment environment, invaluable support and host other important services. g) Recognition and Rewards Many enterprises find that having trophies on display increases their business by increasing credibility. The municipality of La Paz shall recognize outstanding enterprise who demonstrated responsible business practices. Investors who put in effort or make achievements shall be rewarded by the LGU to motivate and inspire them to serve better their clients and the community as well. AIDSTE CHAPTER VI Registration SECTION 7. Qualification Requirements. For purposes of application for registration and availment of incentives under the LIIC , the following qualifications must be complied with: a. The enterprise must have complied with all the requirements mandated under existing laws, rules and regulations for doing business in the Philippines; b. The activity engaged in must be listed in the IPAs of the LGU; c. The place of operation or production be located within the territorial jurisdiction of the LGU; d. Specified percentage of its workforce must be bonafide residents of the LGU giving equal opportunities for men, women, the poor, indigenous people and the physically and handicapped; e. Project must have safeguards against pollution or resource use if necessary. 1. Types of Projects for Registration (a) New Projects (b) Expansion Projects (c) Modernization Projects (d) Diversification Projects 2. Documentary Requirements A. Single Proprietorship Copy of Business Name Registration issued by the Department of Trade and Industry (DTI) ; Copy of Audited Financial Statements (if existing); Copy of completed application form for registration under the LIIC; and Such other documents that may be required by the LGU to be submitted. B. For Partnership/Corporation Copy of the Articles of Partnership or Incorporation; Certified true copy of its Certificate of Registration issued by the Securities and Exchange Commission (SEC) , for Corporation/Partnership; AaCTcI Resolution of the applicant's Board of Directors, in case of a Corporation authorizing the filing of application; Copy of Audited Financial Statements (if existing) ; Certificate (ECC) or Non Compliance Certificate (NCC) , if applicable; Copy of completed application form for registration under the LIIC; and Such other documents that may be required by the LGU to be submitted. C. For BOI Registered Enterprises Certified true copy of the BOI Certificate of Registration; Copy of the documents submitted to BOI pertaining to their registration; 3. Registration Procedures a. Filing of Applications All applications shall be filed with the Investments Promotion Center (IPC) of the LGU. b. Check Listing/Assessment of Documents Client presents documents for check listing on its completeness and consistency of information. c. Date of Official Acceptance Only complete application shall be officially accepted and registered in the Registration Book. Date stamped on the application shall be considered as the date of official acceptance of the application. d. Notice of filing of application in provincial, city, municipal or barangay hall shall suffice publication requirement. e. Order of Payment shall be issued for complete application for payment of the necessary fees. acEHCD f. Evaluation/Approval of Application Once an application is officially accepted, the project will be evaluated by the IPC, which may conduct an ocular inspection at the premises of the business, if necessary. The evaluation of the application shall be presented for the action of the Board. If the application is approved, the IPC shall notify the applicant and inform the Treasurer/s and the Assessor/s of such approval, guidance and appropriate action. If the application is denied, the IPC shall inform the applicant in writing. In both cases, a Board Resolution shall be entered in the minutes of the meeting of the Board. g. Processing Time The processing time from date of official acceptance until the Board may act on the recommendation of the IPC should be indicated in the Code. A proviso to the effect that the inaction of the Board within the specified period to act on the application is to be construed that the application is deemed approved. h. Filing Fee A non-refundable filing fee shall be paid together with the required documents for registration. Micro enterprises may be exempted from the application fees while small enterprises may be given a 75% reduction of registration fees. i. Certificate of Registration Upon approval, an enterprise shall be issued a Certificate of Registration with the signature of the Chairman of the Board or such other officer as the Board may designate for the purpose as the need arises. It shall state among others, the following: (1) Name of the Registered Enterprise; (2) The Investment Priority Area (IPA) in which the registered enterprise will engage in; (3) The incentives granted and period of its availment; and (4) Such other terms and conditions to be observed by virtue of its registration. 4. No double availment of incentives/benefits under different laws and/or programs. 5. Prior Consent of NCIP . The enterprise must secure from the Office of the National Commission on Indigenous Peoples a Free and Prior Informed Consent (FPIC) should the proposed site of investment be located within the ancestral domain claim of the indigenous people. 6. Support to Micro, Small & Medium Sized Enterprises (MSMEs) The Board of Investments (BOI) promotes the unfolding of MSMEs on account of their contribution to employment generation, countryside development and the cultivation of the Filipino entrepreneurial spirit. The following assistance given to BOI registered MSMEs may be considered by the LGU: a. Preparation of simplified project application; b. Identification of MSMEs support companies; c. Exemption from payment of application and registration fees; d. 75% reduction in the application and registration fees for small enterprises; e. Exemption from the 25% equity requirement; SDHTEC f. Reduction of application fee for incentives; g. Posting of notice of filing of application in provincial, city, municipal or barangay hall in lieu of the publication in newspaper of general circulation; h. Simplified documentary, reportorial requirements and applications for Incentives. 7. Article 61 of Republic Act (RA) 9520, otherwise known as "The Philippine Cooperative Code of 2008" (check is 2010 or 2008) and RA 7916, otherwise known as "The Special Economic Zone Act of 1995" provides for the tax breaks of cooperatives and locators of ecozones, respectively. CHAPTER VII Qualification and Registration of Enterprises SECTION 8. Qualification of New Enterprise . A new enterprise which intends to avail the incentives provided by the Code must meet the following qualifications: a) The new business enterprise must have complied with the minimum requirements mandated under existing national and local laws and the Constitution; b) The prospective inventor's place of operation or production is located within the territorial jurisdiction of La Paz, Leyte; c) The prospective investment must be among the approved preferred/priority areas of investment and falls under the provision of Section 11 of this Code; d) The new enterprise must provide employment for bonafide residents of La Paz, Leyte, labor and administrative, to no less than 70% of the total direct and indirect needed employees and shall be accorded wages and benefits not less than those provided under the Labor Code and other relevant laws, issuances, rules and regulations of the Department of Labor and Employment and Regional Wage Board; e) The new investors shall submit a copy of the project study; f) The new enterprise should have in their respective areas provisions/facilities for senior citizens and spacious parking area; g) The new enterprise should also have, in their respective areas facilities for proper handling of liquid and solid hazardous wastes to prevent any threat to the health and welfare of the constituents; h) The new business enterprise with an initial capitalization of not less than TWO MILLION (Php2,000,000.00) PESOS shall install a CCTV camera within the vicinity of the business establishment. SECTION 9. Qualification of Existing Enterprise . An existing enterprise which is expanding and/or diversifying and intending to avail of the incentives under the Code must meet the following qualifications: a) The business enterprise must have complied with the minimum requirements mandated under existing local and national laws and the Constitution; AScHCD b) The expansion/diversification must be among the approved preferred/priority areas of investments; c) The inventors have no outstanding obligation with the Municipal Government. SECTION 10. Registration Requirements . Application for registration by any all interested enterprises, whether new existing, should be filed with the investment Promotion Center. All participants shall be recorded sequentially in a registration book and the date appearing therein and stamped on the application shall be considered the date of official receipt thereof. A non-refundable filling fees shall be paid by the applicant together with the submission of the following documents for registration: a) Duly accomplished application form in three (3) copies; b) Project profile; c) Certified true copy of the Applicant's Certificate of Registration with the Securities and Exchange Commission, Department of Trade and Industry, Board of Investments or other concerned licensing agency of the National Government as may be applicable; d) Special power of attorney in the case of application made through an agent; e) Project study for proposed investment showing that the project is economically, technically, and financially feasible and viable; f) Secretary's Certificate of the applicant's Board of Director's resolution authorizing the applicant and the designation of representative to sign documents and transact business with the Board and; g) For an existing enterprise, audited financial statements and income tax returns for the past three (3) years; h) Evidence of compliance with the conditions of their approval in order to claim incentive benefits; i) Other relevant information relating to the particulars of the projects. SECTION 11. Filing Fee . Following non-refundable filing fees shall be paid as follows: Cottage/Small Industries Php500.00 Medium Industries Php1,000.00 Large Industries Php1,500.00 SECTION 12. Registration Procedures and Approval of Applications. The Board shall formulate appropriate rules and regulations to facilitate actions on applications filed with it and to prescribe criteria for the evaluation of applications and to standards forms for use by the applicants. SECTION 13. Certificate of Registration . An approved application by the Board shall be considered a registered enterprise and as such, legally entitled to fully avail of any and all of the incentive provided by this Code. A registered enterprise shall be issued a Certificate of Registration duly signed by the Board Chairman and/or such other designated officer of the board in such style and form as the Board may prescribed. AcICHD CHAPTER VIII Rights and Privileges SECTION 14. Rights and Privileges Guaranteed by the Municipal Government . All inventors and registered enterprises are entitled to the rights and guarantees provided for by the Municipal Government and to enhance inventors confidence in the incentive program, the Municipal Government, through the Municipality of La Paz Investment Incentive Board shall: a) Endeavor to maintain industrial peace through the creation of Municipal Tripartite Industrial Peace Council that entails smooth relationship between labor and management sector that limits the existence of strikes and lockout. b) Focus on the infrastructure facilities and utilities development projects or top of the priority list are the construction of additional waiting sheds, rehabilitation and widening of the roads and drainage and sewerage system. In addition, the Municipality of La Paz shall install a (WIFI) wireless Infrastructure system and shall expand the network by establishing a canopy system connectivity between schools, barangays, police station and the administrative Office. As such communication can be done through electronics mails. c) Implement the La Paz Discipline Zone or LPDZ , in coordination with the local police and shall strictly enforce a number of rules and ordinances in the discipline zone such jaywalking, littering and parking. Realizing the traffic situation is turning off the would-be inventors, the Sangguniang Bayan enacted Ordinance No. 03, series of 2017 creating a friendship route interlink road within the vicinity of La Paz, Leyte, to lessen vehicular traffic along the main thoroughfares and imposing penalties to any one violating the provisions of the existing law. a) Peace and order situation La Paz, Leyte has a stable peace and order condition where incidence of crime is low. La Paznons are peace loving people and friendliness of the people will make visitors free at home. b) Install a Customers Service Compliant Desk. Act on red tape related queries and complaints that are within the Authority or competence of the Complaints Desk Officer to address Refer to the Local Chief Executive all related red tape related complaints against any local government personnel for appropriate action. c) Establish a BUSINESS ONE STOP SHOP CENTER (BOSS) convening all Offices involved in the BPL process in one area during the annual business renewal period. d) Affordable property, rental rate and low labor cost, despite its proximity to Tacloban, the cost of doing business at La Paz, Leyte in inexpensive and provincial rate of the workforce still applies. e) Conduct a Customer satisfaction survey to get feedback from customers, it will provides direct view from the customers (constituents) perspective on what must needs to be improved to ensure that the services meets and exceeds their expectations. f) Advance inspection on all existing business establishment shall conducted by the Bureau of Fire Protection, Municipal Health Office, Municipal Engineering Office, Municipal Planning Development Office within the year from February to November , in preparation for the renewal of business licenses on January 1 to of succeeding year . g) Free delivery of the permit to the applicant's home or place of business Any applicant who has been assessed and has paid fees is issued a temporary license which already allows it to operate while completing registration requirements. TAIaHE h) Sponsored a Summer Enrichment Program The Municipality of La Paz through the PESO office shall conduct a summer workshop, team building seminar intended to develop and pre-qualify the candidates and consolidate their capabilities and skills to be more acceptable and ready to join the labor market with full confidence. In addition this will also enhance their chances for meaningful employment in the long run and will produce world class personnel making the municipality more attractive to investment and conduct to industrial growth. CHAPTER IX Green Incentives Exemption from Payments for Environmental Services (PES) Incentives for enterprises engaged in payments for environmental or ecosystem services with poor, marginalized communities or local governments for environmental protection and climate change adaptation. PES contributions may be in the form of direct technical and financial assistance on sustainable livelihood activities that will reduce the poor's vulnerability to climate change, financing protection or rehabilitation of degraded ecosystems, and other environmental activities formally agreed on with concerned communities and local government units. a. An enterprise availing of the green investment incentive shall file an application with the IPC regarding its intent to undertake a green/social activity, the location and the date. Said activity shall either be a regular activity or that can be completed within the timeframe approved by the LIIB. b. The IPC shall be in charge of issuing a certification that the registered enterprise is in its environmental services program, or has undertaken regular green and socially responsible activities and is qualified for the incentive. c. After due verification of contributions to payments for environmental or ecosystem services program, urban greening and restoration, reforestation and d. planting of trees, and similar investments, the IPC shall issue a certification indicating the costs of such activities. Such certification shall be presented to the local treasurer concerned during the payment of the business tax to avail of the incentive. e. This incentive is non-transferable. In case of a change of ownership of the enterprise, the incentives shall not be transferred to the new owner, but shall continue to be enjoyed by the original owner and applied to his new business enterprise, if any, provided that, the period of incentive shall expire within a given period from the date of application regardless of whether the owner availed of it or not. The new owner of the enterprise has the option to apply for green incentives, provided further that, the enterprise continues its green initiatives and complies with all the requirements to avail of the incentives. cDHAES f. The LGU shall have the right to reappraise the cost of the re-greening or landscaping in case it finds the reported cost excessive. This incentive may be availed of only once every three (3) years. 1. NON-FISCAL INCENTIVES The following assistance shall be accorded to investors: a. Provide a one-stop documentation for simplified documentation/registration procedures, which shall be facilitated with the assistance from the IPC; b. Support industrial peace through reconciliation and mediation efforts of the IPC; c. Assist investors in securing electric power and water supply connection; d. Coordinate the negotiation of special rates for utilities for industries with a certain minimum load; e. Assist investors in their site selection and negotiation for right of way; f. Network with concerned national agencies such as Technical Education Skills and Development Authority (TESDA) and other similar institutions for trainings of workers to enhance skills of manpower of the enterprise; g. Facilitate outbound and inbound missions of investors; and h. Such other after care services that may be accorded to investors. CORPORATE SOCIAL RESPONSIBILITY (CSR) OF REGISTERED ENTERPRISES BOI registered enterprises with projects under pioneer status must undertake Corporate Social Responsibility (CSR) , whereas, those on non-pioneer status are encouraged to undertake CSR, to the extent possible, in accordance with the development plan of the community where the registered project is located. To sustain environmental protection, adaptations to climate changes and reduce poverty in the local areas the following may be undertaken as CSR of registered enterprises such as but not limited to: TCAScE GREENING/RE-GREENING OF AREA a. Rehabilitation and Restoration of buildings or other structures in accordance with the city/municipal urban renewal or restoration plan of the LGU. b. Re-greening or landscaping may be in the form of urban greening or landscaping such as major road sides; areas with historical or tourism value; areas in biogeographic zones; eroded slopes as technically appropriate based on assessment by competent authorities; public open spaces especially in residential and commercial areas including street islands, parks, promenades, parking area peripheries, and the like. Provided that, the enterprise takes care of the maintenance of the trees and plants, otherwise, reimbursement of the incentive granted shall be due and demanded. Social Projects a. Housing for Employees b. Educational Projects c. Cultural Revivals d. Programs for Women, Children, Elderly, Disabled, Out of School Youths and Indigenous Peoples e. Community infrastructure projects aligned with the development plan of the LGU and f. Such other projects or activities based on the development needs of the community where the project is located or identified under NAPC . PROVISIONS FOR ENVIRONMENTAL PROTECTION Environmental Impact Assessment Environmentally critical projects or enterprises locating their activities or expansion projects in environmentally critical areas shall comply with the requirements of Presidential Decree No. 1586 (Philippine Environmental Impact Statement System) and related issuances of the Department of Environment and Natural Resources. Hazardous Substances Projects involving the handling transport, processing and storage of toxic, hazardous substances and/or nuclear waste shall not be entitled to any incentives. Specific prohibitions: (a) No industrial or manufacturing facility shall be operated without proper air pollution devices, wastewater treatment facilities, and solid waste management facilities; cTDaEH (b) No industrial or manufacturing plant shall be operated at levels beyond the operating capacity of their respective waste treatment facilities in order to maintain the effluent quality within the standards required by law; (c) All Industrial and manufacturing establishment shall subject their operations and premises, facilities and systems to periodic environmental compliance monitoring, which shall be conducted by the LGU in coordination with the Department of Environment and Natural Resources. Refusal to be subject to such inspection shall be sufficient ground for the forfeiture of any incentive and the revocation of its Certificate of Registration and/or Business Permit by the concerned local government units. Regulation The LIIB shall ensure that the green and socially responsible projects undertaken by enterprises on public property shall be in harmony with the overall environmental management program of the LGU and/or local government concerned as determined by the appropriate LGU office. CHAPTER X Final Provisions SECTION 15. Exception. This Code shall not apply to financing or banking institutions and other enterprise which are governed by the Central Banking Act and under the supervision of the BSP . SECTION 16. Implementing Rules and Regulation s. The Board is authorized to formulate the IRR of this Code. SECTION 17. Site Inspection . The Board empowered and authorized to conduct inspection of the Premises for examination of the business of the registered enterprises on their progress. SECTION 18. Penal Clause . a) Any violation of the provisions of this Code, existing laws, ordinances, rules and regulations shall be ground for "cancellation or revocation of the registration of the business and the withdrawal of all the incentives granted under this Code until the inventors takes due corrective measures." b) At any point of its operation in the participation of the Investment Incentives, an investors who fails to fulfill any of the qualifications as stated in Sections 17 and 18 , as the case may be, the investor shall be disqualified from availing himself the Investment Incentives . SECTION 19. Separable Clause . The provisions of this Code are hereby declared to be separable, and in the event that one or more of the other provisions are held illegal or unconstitutional the validity of the other provisions shall not be affected. cSaATC SECTION 20. Repealing Clause . All ordinance, executive orders and rules and regulations inconsistent or in conflict with the provisions of this Code are hereby repealed, amended or modified accordingly. SECTION 21. Confidentiality of the Application . All applications and their supporting documents under this Ordinance shall be disclosed to any person, except with the written consent of the applicant or upon order of any court of competent jurisdiction. SECTION 22. Effectivity. This Ordinance shall take effect immediately after approval of the Local Chief Executive of La Paz, Leyte and the Sangguniang Panlalawigan of Leyte. ENACTED : July 11, 2018. Let copies of this Ordinance be furnished to all concerned offices, for their information, guidance and implementation. I HEREBY CERTIFY to the correctness of the foregoing Ordinance which was duly enacted by the Sangguniang Bayan during its Regular Session held on July 11, 2018. cHDAIS (SGD.) ERWIN M. CERNAL Board Secretary V (Sangguniang Bayan Secretary) ATTESTED & CERTIFIED TO BE DULY ENACTED: (SGD.) HON. JOEL C. CINCO Municipal Vice-Mayor (Presiding) (SGD.) HON. LYNDO A. QUIA SB Member (SGD.) HON. JUL C. CO SB Member (SGD.) HON. JOSE T. CARTEL SB Member (SGD.) HON. ANTONIA A. ALPINO SB Member (SGD.) HON. ODELL R. BAROA SB Member (SGD.) HON. ARVIN G. TERADO SB Member (SGD.) HON. GLORIA M. TEJOME SB Member HON. DANILO F. GOMEZ SB Member (SGD.) HON. EDUARDO R. CAALIM SB Member (SGD.) HON. ARIANNE MARIE P. GO SK Federation President APPROVED: (SGD.) LESMES C. LUMEN, M.D. Municipal Mayor ATTACHMENT Certificate of Posting TO WHOM THIS MAY CONCERN : THIS IS TO CERTIFY that POSTING in prominent places in the Municipal Hall and other conspicuous places in the locality was undertaken and copies of said ordinances was remain posted for three (3) consecutive weeks pursuant to Section 59 (b) of Republic Act 7160 , in relation to the following ordinance MUNICIPAL ORDINANCE NO. 04, SERIES 2018 "AN ORDINANCE APPROVING THE 2018 INVESTMENT AND INCENTIVE CODE OF THE MUNICIPALITY OF LA PAZ, LEYTE" Subject ordinance is being forwarded to that Body for review in compliance with Section 56 of Republic Act 7160. ISSUED this 16th day of August, 2018 at the Office of the Sangguniang Bayan, La Paz, Leyte. (SGD.) ERWIN M. CERNAL Board Secretary V (Sangguniang Bayan Secretary)