Chương 5 Luật Đầu tư nước ngoài tại Việt Nam 1987: Cơ quan nhà nước quản lý đầu tư nước ngoài

Chapter V

STATE BODY IN CHARGE OF FOREIGN INVESTMENT

Article 36

The State body of the Government of the Socialist Republic of Vietnam in charge of foreign investment is vested with the overall responsibility for matters relating to the investment activities of foreign organizations and individuals in Vietnam.

The State body in charge of foreign investment shall have the following powers and duties:

1. To assist foreign and Vietnamese parties in the negotiation and conclusion of business co-operation and joint venture contracts, assist foreign organizations and individuals in the establishment in Vietnam of enterprises with one hundred (100) per cent foreign owned capital, and assist in the resolution of all other matters at the request of those organizations and individuals.

2. To consider and approve business co-operation, joint venture and build-operate-transfer contracts, to permit foreign organizations and individuals to establish enterprises with one hundred (100) per cent foreign owned capital and to approve the charters of enterprises with foreign owned capital.

3. To determine and grant preferential treatment to enterprises with foreign owned capital and to parties to business co-operation contracts.

4. To monitor and supervise the performance of business co-operation contracts and the operation of enterprises with foreign owned capital.

5. To analyze the economic activities of enterprises with foreign owned capital.

Article 37

An application for approval of a business co-operation contract or a joint venture contract, the establishment of an enterprise with one hundred (100) per cent foreign owned capital or for investment incentives shall be submitted to the State body in charge of foreign investment by the parties or, alternatively, by the foreign investing organization or individual concerned. The application shall be accompanied by the business co-operation or joint venture contract, the charter of the joint venture enterprise or enterprise with one hundred (100) per cent foreign owned capital, a study of the economic and technical feasibility of the project and such other documents as may be required by the State body in charge of foreign investment.

Article 38

The application shall be considered by the State body in charge of foreign investment and its decision shall be communicated to the parties concerned within three months from the date of its receipt of the application. Approval shall be communicated by the issue of an investment license.