Chương 5 Luật Khuyến khích đầu tư trong nước sửa đổi 1998: Quản lý nhà nước về khuyến khích đầu tư trong nước

Chapter V

STATE MANAGEMENT OVER DOMESTIC INVESTMENT PROMOTION

Article 35.- The Government performs the uniform State management over the investment and investment promotion throughout the country. The Government shall promulgate regulations on the order, procedures and competence for granting investment preferences to investment projects under this Law.

Article 36.- The Ministry of Planning and Investment shall perform the function of State management over the domestic investment promotion and have the following tasks and powers:

1. To assume the main responsibility and coordinate with concerned ministries and branches in formulating, supplementing or altering specific lists of investment preferences provided for in Article 29 of this Law and submit them to the Government for decision;

2. To disseminate, guide, oversee and supervise the application of investment support measures and preference regimes;

3. To grant or refuse to grant investment preference certificates to enterprises set up by the Prime Minister's decisions and enterprises set up by ministers authorized by the Prime Minister, within 30 days from the day of receiving the preference registration application; to propose to the Prime Minister measures of investment preferences for enterprises newly set up by the Prime Minister's decisions; to reach agreement on investment preference measures with the ministers authorized by the Prime Minister to decide the setting up of new enterprises. The investment preference measures shall be at the same time stated in the business registration certificates.

Article 37.- The People's Committees of the provinces and cities directly under the Central Government shall have the following tasks and powers:

1. To perform the function of State management over the domestic investment promotion in their respective localities according to the provisions of law;

2. To grant or refuse to grant investment preference certificates to already set-up production and/or business establishments within 30 days from the date of receiving the application for investment preference registration; to decide measures of investment preferences for newly set up production and/or business establishments. The investment preference measures shall be at the same time stated in the business registration certificates.

Article 38.- The inspection of activities of production and/or business establishments are provided for as follows:

1. The inspection of activities of production and/or business establishments must be conducted according to functions and competence and in compliance with the provisions of law.

The economic-financial investigation shall be conducted not more than once a year for an enterprise. The inspection duration shall not exceed 30 days; for exceptional cases the investigation duration may be prolonged under decisions of the competent higher-level agency, but must not exceed 30 days.

The extraordinary and specialized investigation shall be conducted only when there are grounds to believe that production and/or business establishments have violated laws.

2. When conducting an investigation there must be a decision of the competent person; upon the completion of an investigation there must be the conclusion and report thereon; the person in charge of the investigation team shall take responsibility for the investigation conclusion and report;

3. Persons who decide unlawful investigation or misuse the investigation to seek personal profits, to harass for bribes or cause troubles to activities of production and/or business establishments shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability; if damage is caused, compensation must be made to investors according to the provisions of law.