Chapter IV
POWERS AND RESPONSIBILITIES OF AGENCIES PERFORMING THE STATE MANAGEMENT OVER THE DOMESTIC INVESTMENT PROMOTION
Article 41
1. To work out and submit to the Government for supplement or change lists of branches, trades and areas eligible for investment preferential treatment (as defined in Lists A, B and C attached to this Decree);
2. To coordinate with the State management agencies in each branch in guiding, monitoring and supervising the application of measures for investment support and preferential treatment;
3. To define the order, procedures, application forms and certificates of investment preferential treatment for uniform application in the whole country;
4. To decide to grant or not to grant investment preferential treatment certificates to enterprises set up by decision of the Prime Ministers; enterprises set up by decision of the Minister under the Prime Minister's authorization.
Article 42
Basing itself on the certificate of investment preferential treatment granted to the investor, the tax agency directly managing tax payment by the enterprise eligible for investment preferential treatment shall have to make the exemption or reduction of tax(es) or land rent for the enterprise as provided for in this Decree.
Article 43.- The People's Committees of the provinces and cities directly under the Central Government (hereafter collectively referred to as the provincial People's Committees) shall have to perform the function of State management over the investment in their respective localities in conformity with the provisions of the Law on Promotion of Domestic Investment, including the determination of the lists of projects eligible for investment preferential treatment; decide to grant or not to grant certificates of investment preferential treatment; to monitor and supervise the implementation of measures to promote domestic investment.
The granting of investment preferential treatment certificates to newly-established enterprises shall be done simultanously with the granting of their establishment permits or their business registration certificates.
The Planning and Investment Services of the provinces and cities directly under the Central Government (hereafter collectively referred to as the provincial Planning and Investment Services) shall assist their respective provincial People's Committees in performing the function of State management over the investment in the localities; consider and submit to the provincial People's Committees for decision the granting of investment preferential treatment certificates under to the Law on Promotion of Domestic Investment and permits for the establishment of private enterprises and/or companies.
1. The procedures to apply for the establishment of private enterprises or companies in the branches or trades which are restricted from business and require permission from the Prime Minister as defined in Article 5 of the Law on Private Enterprises and Article 11 of the Law on Companiess shall continue to comply with current provisions.
2. The procedures to apply for the establishment of enterprises in the branches and trades other than those defined in Article 5 of the Law on Private Enterprises and Article 11 of the Law on Companies shall comply with the following provisions:
b/ The provincial Planning and Investment Service shall receive the dossiers of application for the establishment or additional registration of production or business lines and trades, and consult the branch-managing services; in case of a request for investment preferential treatment, it shall consult and get written opinions from the Taxation Department, the Department for Investment and Development and the concerned agencies when necessary, and submit them to the president of the provincial People's Committee for consideration and decision to grant or not to grant the permit for the establishment of the private enterprise or company as well as the certificate of investment preferential treatment. In case of a denial to grant a permit for the establishment of a private enterprise or company or a certificate of investment preferential treatment, the provincial Planning and Investment Service shall have to notify the concerned applicant of the reasons therefor.
For projects with certificates of investment preferential treatment to be granted by the Ministry of Planning and Investment, before granting, the Ministry of Planning and Investment shall consult and get written opinions from the Ministry of Finance.
The consulted agencies shall have to give their opinions within 10 days after receiving the written request therefor; past this time-limit, their failure to reply shall be considered their consent.
3. An investment preferential treatment certificate clearly stating the privileges is a document of legal value showing the investor's eligibility for investment preferential treatment under this Decree.
4. The granting or denial of the granting of a permit for the establishment of a private enterprise and the granting of a certificate of investment preferential treatment (if any) for a private enterprise must be completed within 30 days for the case that does not involve the land lease, and 60 days for the case that involves the land lease. The granting or denial of the granting of a permit for the establishment of a company and the granting of a certificate of investment preferential treatment (if any) must be completed within 60 days, for both cases where the land lease is involved or not.
The above-mentioned time-limit shall be counted from the date of receipt of the valid dossier if such dossier is directly submitted to the provincial Planning and Investment Service or from the date of its receipt according to the post mark of the sending post office if the dossier is mailed. In cases where the dossier is invalid, the provincial Planning and Investment Service shall, within five (5) days after receiving it, notify the applicant for the establishment of an enterprises or company thereof and request him/her to make supplements or amendments to the dossier's contents, making them conform to the provisions of the Law on Companies and the Law on Private Enterprises. The time-limit for granting or refusing to grant a permit for the establishment of an enterprise shall be counted from the date the provincial Planning and Investment Service receives a full and valid dossier.
Article 45.- The establishment and business registration of cooperatives, State enterprises managed by local administration and enterprises owned by political organizations, socio-political organizations, socio-professional organizations, individuals, business and investment construction groups of people-funded education and training establishments, medical establishments and public-utility organizations allowed to set up by the State, shall comply with the order and procedures provided for in current legal documents of the State.
The provincial Planning and Investment Service shall be the body to receive applications for investment preferential treatment from subjects mentioned in this Article and handle dossiers of application for investment preferential treatment according to the order and procedures as provided for private enterprises in Article 44 of this Decree.
Article 46
Article 47
Article 48.- State officials and employees are strictly forbidden to abuse their powers, causing difficulties, troubles or obstacles to investment activities under the legislation on promotion of domestic investment; all violators of such legislation shall, depending on the extent of seriousness of their violations, be disciplined or examined for penal liability.
The investors shall have the right to lodge complaints and/or denunciations with the competent State agencies against violations of provisions of the legislation on promotion of domestic investment committed by State officials and agencies.
Article 49
1. The inspection or examination of operations of enterprises as well as production and business establishments must be carried out in accordance with the prescribed function, competence and provisions of law. It is forbidden to organize more than one examination or inspection team for examining or inspecting the same content, at the same moment or repeatedly in the same enterprise.
The extraordinary examination or inspection shall be made only when there appear signs of violations of law in the operations of enterprises as well as production and business establishments.
2. When an examination or inspection is made, there must be a decision of the competent agency; each examination or inspection must be recorded in a report upon its completion; the head of the examination or inspection team shall take responsibility for the examination or inspection conclusions.
3. Organizations or individuals that make decision to conduct unlawful examination or inspection or that abuse the examination or inspection to cause troubles business activities of enterprises, shall, depending on the seriousness of their violation, be disciplined or examined for penal liability.
4. Enterprises as well as production, business establishments shall have the right to lodge complaints and denunciations to the competent State agencies against the State bodies that have conducted unlawful examination or inspection about acts committed by inspectors or procurators as well as examination or inspection results which they deem improper as they deem; to request compensation for damage due to unlawful handling measures taken by inspectors or procurators.
Tìm kiếm
Nghị định 07/1998/NĐ-CP (Bản Word)