Chương 4 Nghị định 10/1998/NĐ-CP: Quản lý nhà nước hoạt động của doanh nghiệp

Chapter IV

STATE MANAGEMENT OVER OPERATIONS OF ENTERPRISES

Article 19.-

1. The ministries, the agencies attached to the Government and the People's Committees of the provincial level shall perform the State management over foreign investment in accordance with the provisions of law, reorganize and strengthen the mechanism for coordination in the management of enterprises.

2. The People's Committees of the provincial level shall have to promptly deal with problems under their jurisdiction and provide guidance for enterprises to operate in accordance with the provisions in their investment licenses and the provisions of law.

3. The Ministry of Planning and Investment shall gather and supply information on the investment situation to the relevant ministries, agencies attached to the Government and provincial People's Committees and periodically work with the Ministry of Finance, the Ministry of Trade, the State Bank of Vietnam, the General Administration of Land, the General Department of Customs and the concerned provincial People's Committees so as to promptly deal with arising matters, respond to enterprises' recommendations and propose policies and measures to improve the investment environment.

Article 20.-

1. The inspection of operations of enterprises aims to help enterprises overcome difficulties, settle arising matters and abide by the provisions of the investment licenses and the provisions of law. The inspection shall have to comply with the following stipulations:

- The provincial People's Committees or the provincial boards for the management of industrial parks (for enterprises in industrial parks) shall draw up plans and assume the prime responsibility for organizing periodical inspection to evaluate the implementation of the provisions of the investment licenses and assess the effectiveness of enterprises' operations.

- The ministries and the agencies attached to the Government shall draw up plans and assume the prime responsibility for specialized inspection to evaluate the implementation of law provisions relating to the fields under their management;

- The competent State agencies shall organize irregular inspection when enterprises show signs of law offense or have incidents.

2. The inspecting agency shall have to notify in advance the provincial People's Committee or the provincial board for the management of industrial parks of the inspection plan and contents.

The periodical or specialized inspection shall be conducted not more than once a year at an enterprise.

3. The periodical or specialized inspection agency shall have to inform the subject enterprise of the inspection plan and contents at least 7 days before the inspection. The time of inspection at an enterprise shall not exceed 5 working days; if the inspection time needs to be longer, the inspecting agency shall have to inform the provincial People's Committee or the provincial board for the management of industrial parks thereof.

All inspection activities not duly permitted nor in accordance with law or the abuse of inspection to cause troubles to enterprises are handled in accordance with the provisions of law. Enterprises shall be entitled to make complaints against the inspection if they deem the inspection is not in accordance with the provisions of law.

4. Within 30 days from the end of the inspection, the inspecting agency shall send a report on the inspection result to the Ministry of Planning and Investment and the concerned agencies.