Chapter 9
STATE ADMINISTRATION OF INVESTMENT
Article 80 Contents of State administration of investment
The contents of State administration of investment shall comprise:
1. Formulation of strategies, master plans, specific plans and policies for the development of investment and directing the implementation thereof.
2. Promulgation of legal instruments on investment and organizing the implementation thereof.
3. Guidance and assistance to investors in the implementation of investment projects, resolution of difficulties of investors and responding to questions from investors.
4. Issuance and revocation of investment certificates.
5. Guidance on, and assessment of investment efficiency, checks, inspection and supervision of investment activities; resolution of complaints and denunciations; grant of rewards; dealing with breaches of the law during investment activities.
6. Support for human resource training for investment-related activities.
7. Support for investment promotion activities.
Article 81 Responsibilities for State administration of investment
1. The Government shall exercise uniform State administration of investment throughout the whole country.
2. The Ministry of Planning and Investment shall be responsible before the Government for State administration of investment activities.
3. Ministries, ministerial equivalent bodies and Government bodies shall, within the scope of their respective duties and powers, be responsible for undertaking State administration of investment within the respective sectors delegated to them.
4. People’s committees at all levels shall be responsible to exercise State administration of investment within their respective localities in accordance with the authority delegated to them by the Government.
Article 82 Administration of investment in accordance with master plans
1. The Government shall issue regulations on formulation and submission for approval of master plans in accordance with the law on master plans.
2. Investment projects must comply with master plans: master plans for the technical infrastructure, land use zoning, construction master plans, and master plans for use of minerals and other natural resources.
Regional and industry master plans and master plans for products must conform to sectors in which investment incentives are granted, geographical areas in which investment incentives are granted, sectors in which investment is conditional and sectors in which investment is prohibited as stipulated in articles 27, 28, 29 and 30 of this Law and shall be guidelines for investors to select and make decisions on investment.
3. State administrative bodies for master planning shall be responsible to proclaim publicly on the mass media master plans relating to investment activities.
4. With respect to projects for which there is as yet no master plan as stipulated in this article, the State administrative body for investment shall be responsible to act as co-ordinator with the State [administrative] bodies responsible for master planning for the purpose of responding to investors within a time-limit of thirty (30) days from the date of a request from an investor.
Article 83 Investment promotion
1. Investment promotion activities by State bodies at all levels shall be conducted in accordance with regulations of the Government.
2. Funds for investment promotion activities by State bodies shall be granted from the State Budget.
Article 84 Monitoring and assessment of investment activities
1. State administrative bodies for investment at all levels shall monitor, assess and report on investment activities in accordance with law.
2. The contents of monitoring and assessment of investment shall comprise:
(a) [Monitoring and assessment of the] promulgation of documents providing guidelines on laws in accordance with authority and implementation of regulations on investment;
(b) [Monitoring and assessment of the] status of implementation of investment projects in accordance with the provisions in investment certificates;
(c) [Assessment of the] results of investment by ministries, branches and localities; and of investment projects in accordance with delegated authority;
(d) Reports to the State administrative body at the same level, the higher level State administrative body for investment on the results of assessment of investment, with recommendations on measures for dealing with difficulties and breaches of the law on investment.
Article 85 Inspectorate for Investment Activities
1. The Investment Inspectorate shall have the following duties:
(a) To inspect the implementation of the law and policies on investment;
(b) To detect, prevent and deal with breaches of the law on investment in accordance with its powers, or recommend that the competent State body deal with such breaches;
(c) To verify complaints and denunciations relating to investment activities and to recommend that the competent State body deal with such complaints and denunciations.
2. The organizational structure and activities of the Investment Inspectorate shall be implemented in accordance with the law on inspectorates.
Article 86 Complaints, denunciations and institution of legal proceedings
1. Individuals shall have the right to lodge complaints, to make denunciations and initiate legal actions; and organizations shall have the right to lodge complaints and initiate legal actions in accordance with law. The lodging of complaints, the making of denunciations or initiating of legal actions and the resolution of complaints, denunciations and proceedings relating to investment activities shall be implemented in accordance with law.
2. While complaints, denunciations or legal proceedings are pending, organizations and individuals must continue to carry out administrative decisions of the State administrative body for investment. When there is a decision on resolution of the complaint or denunciation from the competent State administrative body for investment or a legally effective decision or judgment from a court, [the relevant parties shall] implement such decision or judgment.
3. Competent State administrative bodies for investment at all levels shall be responsible to resolve complaints and denunciations made by organizations and individuals which are within their jurisdiction, and must transfer any complaint or denunciation beyond jurisdiction to the relevant authority and shall provide written notice thereof to the complainant or to the person having made the denunciation.
Article 87 Dealing with breaches
1. Any person committing a breach of the law on investment or other provisions of the laws relating to investment activities shall, depending on the nature and seriousness of the breach, be subject to a disciplinary or administrative penalty or be subject to criminalprosecution; if the breach of the law causes loss and damage, the offender shall be liable to pay damages for such loss in accordance with law.
2. Any person who abuses his or her position or powers to obstruct investment activities, who harasses investors, who fails to resolve promptly requests of investors, or who fails to perform other official tasks stipulated by law shall, depending on the nature and seriousness of the breach, be subject to a disciplinary action, administrative penalty or criminal prosecution.
Chapter 9
STATE ADMINISTRATION OF INVESTMENT
Article 80 Contents of State administration of investment
The contents of State administration of investment shall comprise:
1. Formulation of strategies, master plans, specific plans and policies for the development of investment and directing the implementation thereof.
2. Promulgation of legal instruments on investment and organizing the implementation thereof.
3. Guidance and assistance to investors in the implementation of investment projects, resolution of difficulties of investors and responding to questions from investors.
4. Issuance and revocation of investment certificates.
5. Guidance on, and assessment of investment efficiency, checks, inspection and supervision of investment activities; resolution of complaints and denunciations; grant of rewards; dealing with breaches of the law during investment activities.
6. Support for human resource training for investment-related activities.
7. Support for investment promotion activities.
Article 81 Responsibilities for State administration of investment
1. The Government shall exercise uniform State administration of investment throughout the whole country.
2. The Ministry of Planning and Investment shall be responsible before the Government for State administration of investment activities.
3. Ministries, ministerial equivalent bodies and Government bodies shall, within the scope of their respective duties and powers, be responsible for undertaking State administration of investment within the respective sectors delegated to them.
4. People’s committees at all levels shall be responsible to exercise State administration of investment within their respective localities in accordance with the authority delegated to them by the Government.
Article 82 Administration of investment in accordance with master plans
1. The Government shall issue regulations on formulation and submission for approval of master plans in accordance with the law on master plans.
2. Investment projects must comply with master plans: master plans for the technical infrastructure, land use zoning, construction master plans, and master plans for use of minerals and other natural resources.
Regional and industry master plans and master plans for products must conform to sectors in which investment incentives are granted, geographical areas in which investment incentives are granted, sectors in which investment is conditional and sectors in which investment is prohibited as stipulated in articles 27, 28, 29 and 30 of this Law and shall be guidelines for investors to select and make decisions on investment.
3. State administrative bodies for master planning shall be responsible to proclaim publicly on the mass media master plans relating to investment activities.
4. With respect to projects for which there is as yet no master plan as stipulated in this article, the State administrative body for investment shall be responsible to act as co-ordinator with the State [administrative] bodies responsible for master planning for the purpose of responding to investors within a time-limit of thirty (30) days from the date of a request from an investor.
Article 83 Investment promotion
1. Investment promotion activities by State bodies at all levels shall be conducted in accordance with regulations of the Government.
2. Funds for investment promotion activities by State bodies shall be granted from the State Budget.
Article 84 Monitoring and assessment of investment activities
1. State administrative bodies for investment at all levels shall monitor, assess and report on investment activities in accordance with law.
2. The contents of monitoring and assessment of investment shall comprise:
(a) [Monitoring and assessment of the] promulgation of documents providing guidelines on laws in accordance with authority and implementation of regulations on investment;
(b) [Monitoring and assessment of the] status of implementation of investment projects in accordance with the provisions in investment certificates;
(c) [Assessment of the] results of investment by ministries, branches and localities; and of investment projects in accordance with delegated authority;
(d) Reports to the State administrative body at the same level, the higher level State administrative body for investment on the results of assessment of investment, with recommendations on measures for dealing with difficulties and breaches of the law on investment.
Article 85 Inspectorate for Investment Activities
1. The Investment Inspectorate shall have the following duties:
(a) To inspect the implementation of the law and policies on investment;
(b) To detect, prevent and deal with breaches of the law on investment in accordance with its powers, or recommend that the competent State body deal with such breaches;
(c) To verify complaints and denunciations relating to investment activities and to recommend that the competent State body deal with such complaints and denunciations.
2. The organizational structure and activities of the Investment Inspectorate shall be implemented in accordance with the law on inspectorates.
Article 86 Complaints, denunciations and institution of legal proceedings
1. Individuals shall have the right to lodge complaints, to make denunciations and initiate legal actions; and organizations shall have the right to lodge complaints and initiate legal actions in accordance with law. The lodging of complaints, the making of denunciations or initiating of legal actions and the resolution of complaints, denunciations and proceedings relating to investment activities shall be implemented in accordance with law.
2. While complaints, denunciations or legal proceedings are pending, organizations and individuals must continue to carry out administrative decisions of the State administrative body for investment. When there is a decision on resolution of the complaint or denunciation from the competent State administrative body for investment or a legally effective decision or judgment from a court, [the relevant parties shall] implement such decision or judgment.
3. Competent State administrative bodies for investment at all levels shall be responsible to resolve complaints and denunciations made by organizations and individuals which are within their jurisdiction, and must transfer any complaint or denunciation beyond jurisdiction to the relevant authority and shall provide written notice thereof to the complainant or to the person having made the denunciation.
Article 87 Dealing with breaches
1. Any person committing a breach of the law on investment or other provisions of the laws relating to investment activities shall, depending on the nature and seriousness of the breach, be subject to a disciplinary or administrative penalty or be subject to criminalprosecution; if the breach of the law causes loss and damage, the offender shall be liable to pay damages for such loss in accordance with law.
2. Any person who abuses his or her position or powers to obstruct investment activities, who harasses investors, who fails to resolve promptly requests of investors, or who fails to perform other official tasks stipulated by law shall, depending on the nature and seriousness of the breach, be subject to a disciplinary action, administrative penalty or criminal prosecution.
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