Chương 5: Thủ tục cấp giấy chứng nhận đầu tư và thực hiện dự án

Chapter V

PROCEDURES FOR GRANTING INVESTMENT CERTIFICATES AND IMPLEMENTING PROJECTS

Article 24. Investment certificate-granting agencies

1. The Ministry of Planning and Investment grants investment certificates for:

a/ National important projects;

b/ Projects whose contracts are signed by ministries and branches or their authorized agencies being competent state agencies;

c/ Projects to be implemented in many provinces and centrally run cities.

2. Provincial-level People's Committees grant investment certificates for the projects not mentioned in Clause 1 of this Article.

Article 25. Dossiers, order and procedures for examining dossiers and granting investment certificates

1. An investor shall submit 10 dossier sets, including at least one original, to the investment certificate-granting agency defined in Article 24 of this Decree for examination and grant of an investment certificate.

2. A dossier of application for an investment certificate comprises:

a/ A written application for a certificate;

b/ The initialed project contract and contracts related to the project implementation (if any);

c/ The feasibility study report;

d/ The joint venture contract and the project enterprise charter (if any).

3. To-be-examined contents include:

a/ Rights and obligations of the parties to the project contract;

b/ Project implementation schedule;

c/ Land use demand;

d/ Environmental solutions;

e/ The investor's proposals on investment incentives or government guarantee (if any).

4. The investment certificate-granting agency shall examine the dossier and grant an investment certificate to the investor within 45 working days after receiving a valid dossier.

Article 26. Details of an investment certificate

An investment certificate contains the following principal details:

a/ Names and addresses of the investor and project enterprise;

b/ Name of the project;

c/ Objectives and size of the project;

d/ Project implementation location and land area to be used;

e/ Total investment capital of the project;

f/ Project implementation schedule; capital raising schedule under the project contract;

g/ Investment incentives and supports (if any).

2. For BT projects, in addition to the details prescribed for BOT work construction projects under Clause 1 of this Article, an investment certificate must indicate payment conditions or conditions for implementation of other projects under the project contract.

Article 27. Business registration, establish­ment and management of project enterprises

1. An investor shall make business registration to establish a project enterprise or shall supplement a business line in the business registration certificate (for investors that have established economic entities). The dossier, order and procedures for business registration or supplementation of business lines comply with the Enterprise Law.

2. An investment certificate granted to a foreign investor is also a business registration certificate of a project enterprise.

3. The managerial apparatus, powers and responsibilities of the project enterprise shall be decided by the investor in accordance with the terms of the project contract, the Enterprise Law, the Investment Law and relevant legal documents.

Article 28. Conditions for project implementation

1. A project shall be implemented after the investor is granted an investment certificate and under other conditions as agreed in the project contract.

2. Other projects shall be implemented according to the schedule agreed by the parties in the project contract in accordance with the investment and construction laws.

Article 29. Selection of contractors for project implementation

1. The project enterprise shall select consultancy, procurement and engineering and other contractors for the project implementation. The selection of contractors falling within the scope of regulations of the Bidding Law must comply with the legal provisions on bidding.

2. Contractor selection results must be notified to the competent state agency within 15 working days after the issuance of the contractor selection decision.

Article 30. Preparation of construction grounds

1. Provincial-level People's Committees shall clear grounds and complete procedures for allocating or leasing land for project implementation under law and the land use conditions indicated in project contracts.

2. Compensation, ground clearance and resettlement expenses shall be borne by project enterprises and included into the total investment capital of projects, unless compensation and ground clearance are funded with state budget capital under Clause 2, Article 6 of this Decree.

Article 31. Elaboration of technical designs, work construction supervision and management

1. Based on the feasibility study report and the project contract, a project enterprise shall elaborate and send a technical design to the competent state agency for supervision and inspection. In case of any modifications in the technical design as compared to the feasibility study report, the project enterprise shall submit them to the competent state agency for consideration and decision.

2. The project enterprise may itself, or hire an independent consultancy organization to, manage and supervise work construction and test before take-over work items and the whole work according to the agreed design under the construction law and agreements in the project contract.

3. The competent state agency shall supervise and assess the fulfillment of obligations of the investor and the project enterprise in satisfying with the requirements on planning, objectives, size, technical standards, quality, capital raising progress and implementation of the project, environmental protection and other issues as agreed in the project contract.

4. The adjustment of total investment capital, technical standards and other conditions agreed in the project contract may be considered only in the following cases:

a/ The project is affected by a natural disaster or other force majeure events;

b/ There appear elements which help bring higher benefits to the project;

c/ Planning adjustments directly affect the location, size, nature and objectives of the project;

d/ Other cases as provided for by the Government.

Article 32. Management and operation of works

1. Project enterprises shall manage and operate works or operate other projects (for BT projects) under law and conditions agreed in project contracts.

2. Project enterprises may hire management organizations to perform the jobs mentioned in Clause 1 of this Article provided that they shall assume all responsibilities of the management organization.

3. In the course of operating works, BOT and BTO enterprises have the following obligations:

a/ To equally treat all lawful users of products and services provided by project enterprises; not to abuse the right to operate works for practicing discrimination against or refusing to provide services to users;

b/ To regularly maintain and repair works under project contracts, ensuring that works are operated according to their designs;

c/ To provide products and services with quantity and quality as agreed in project contracts in the operation duration until the works are transferred (for BOT projects);

d/ To ensure that works are used under the terms of project contracts.

4. BT enterprises shall implement other projects under conditions agreed in project contracts, investment certificates, investment and construction laws, and relevant legal documents.

Article 33. Goods prices, service charges and revenues

1. Prices of goods and charges of services provided by project enterprises shall be specified in project contracts on the principle of fully offsetting expenses, taking into account market prices and ensuring benefits of project enterprises, users and the State.

2. Conditions for adjusting goods prices, service charges and revenues must be specified in project contracts.

3. When adjusting goods prices, service charges and other revenues (if any), project enterprises shall notify such adjustment to competent state agencies 30 working days in advance. The adjustment of prices of goods, charges of services and other revenues managed by the State is subject to approval of competent state agencies.

Article 34. Supports for collection of service charges

Project enterprises will be given all favorable conditions to properly and fully collect service charges and other lawful revenues from the operation of works. When necessary, project enterprises may request competent state agencies to assist in collecting charges and other revenues from the operation of works.