Chapter V
STATE MANAGEMENT OF INVESTMENT
Section 1. STATE MANAGEMENT OF INVESTMENT PROMOTION
Article 49. Rules for state management of investment promotion
1. Investment promotion shall be managed as follows:
a) Investment promotion activities of Ministries, regulatory bodies, the People’s Committee of the province must be aggregated into investment promotion programs after reaching agreements with the Ministry of Planning and Investment.
b) Promotion of investment in key fields and key economic regions is encouraged according to the orientation for investment attraction at that time; other investment promotion activities must be carried out according to assessment of demand for investment, data analysis, updated information, and be practical;
c) Focus on investment promotion of executed projects through assistance in resolving difficulties;
d) It is encouraged to combine investment promotion with promotion of trade, tourism, diplomatic and cultural propagation programs;
d) It is encouraged to mobilize social resources to investment promotion.
2. The Prime Minister shall provide specific regulations on cooperation among Ministries, regulatory bodies, and the People’s Committees of provinces in investment promotion.
Article 50. Duties and entitlements of investment promotion authorities
1. The Ministry of Planning and Investment shall assist the Government in uniform management of investment promotion.
2. The Ministry of Planning and Investment shall:
a) Take charge and cooperate with other Ministries, regulatory bodies, and the People’s Committees of provinces in establishing investment promotion orientation, programs, and plans; providing guidance on development of annual investment promotion programs of Ministries, regulatory bodies, and the People’s Committees of provinces; develop and implement National Investment Promotion Programs;
b) Provide guidance on provision of information and reports on investment promotion;
c) Carry out investment promotion activities of investment promotion programs specified in Point a of this Clause;
d) Cooperate with the Ministry of Foreign Affairs and the Ministry of Home Affairs in establishing overseas investment promotion units, appointing Vietnamese representatives, and submit them to the Prime Minister for decision;
dd) Provide training in investment promotion;
e) Submit periodic reports to the Prime Minister on progress and orientation of investment promotion.
3. The Ministry of Finance shall:
a) Take charge and cooperate with the Ministry of Planning and Investment in providing guidance on limitation of funding from state budget and financial management of investment promotion activities;
b) Cooperate with the Ministry of Planning and Investment, other Ministries, regulatory bodies, and the People’s Committees of provinces in estimating investment promotion costs of National Investment Promotion Program and investment promotion programs of Ministries, regulatory bodies, and the People’s Committees of provinces;
c) Take charge and cooperate with the Ministry of Foreign Affairs and the Ministry of Planning and Investment in providing state funding for overseas investment promotion units;
d) Take charge and cooperate with the Ministry of Planning and Investment, other Ministries, regulatory bodies, and the People’s Committees of provinces in resolving difficulties related to the provision and use of state funding for investment promotion.
4. The Ministry of Foreign Affairs shall:
a) Cooperate with the Ministry of Planning and Investment, other Ministries, regulatory bodies, and the People’s Committees of provinces in implementing investment promotion programs and activities, combining investment promotion with diplomatic tasks;
b) Provide support and participate in investment promotion overseas as approved in a notice of the Ministry of Planning and Investment; Overseas representative bodies of Vietnam shall notify the Ministry of Planning and Investment of new investment promotion activities and reach an agreement before execution;
c) Take charge and instruct Overseas representative bodies of Vietnam to manage the operation of overseas investment promotion units;
d) Take charge and cooperate with the Ministry of Planning and Investment, and the Ministry of Home Affairs in requesting the Prime Minister to decide the establishment and payroll of overseas investment promotion units;
dd) Appoint officials working at overseas investment promotion units and award them diplomatic titles in consideration of the request of the Ministry of Planning and Investment;
e) Provide sufficient facilities, means of transport, working conditions, and funding for overseas investment promotion units.
5. Duties and entitlements of other Ministries, regulatory bodies, and the People’s Committees of provinces:
a) Take charge and cooperate with the Ministry of Planning and Investment, relevant Ministries and regulatory bodies in developing annual and long-term investment promotion programs; propose activities to National Investment Promotion Program;
b) Carry out investment promotion activities within the scope of their competence;
c) Cooperate with Ministries, regulatory bodies, and the People’s Committees of other provinces in investment promotion.
Article 51. Funding for investment promotion
1. Funding for annual investment promotion programs is part of annual budget estimates.
2. Funding for investment promotion of Ministries, regulatory bodies, and the People’s Committees of provinces is part of their annual budget estimates.
3. Funding for investment promotion of Ministries, regulatory bodies, and the People’s Committees of provinces is only provided for investment promotion activities of approved investment promotion programs.
Section 2. INVESTMENT REPORT AND OPERATION OF NATIONAL FOREIGN INVESTMENT INFORMATION SYSTEM
Article 52. Report content and reporting period of investment authorities
1. Reports submitted by investment registration authorities to the People’s Committees of provinces include;
a) Quarterly reports made before the 12th of the first month of the quarter succeeding the reported quarter, which specify: receipt of applications, issuance, adjustment and revocation of Investment Registration Certificates, and status of the projects;
b) Biannual reports made before July 15, which specify: assessment of investment over the first 6 months of the year, the plan for attracting and using capital for the next 6 months;
c) Annul reports made before February 15 of the year succeeding the reported year, which specify: assessment of investment over the whole year, the plan for attracting and using capital for the next year, list of investment projects in which investors are interested.
2. Every quarter, every 6 months, and every year, the People’s Committee of each province shall aggregate reports submitted by investment registration authorities under their management in order to report to the Ministry of Planning and Investment as set out in Clause 1 of this Article after 05 working days from the deadline for investment registration authorities to report.
3. Regulatory bodies shall provide information for the Ministry of Planning and Investment as follows:
a) The Ministry of Finance shall submit quarterly reports on issuance, adjustment, and revocation of Investment Registration Certificates or equivalent documents of insurers and securities companies before the 12th of the first month of the quarter succeeding the reported quarter; aggregate annual financial statements of foreign-invested business organizations nationwide to make and submit annual reports on export, import, production, business operation, payments to state budget of foreign-invested business organizations before May 31 of the year succeeding the reported year;
b) The Ministry of Industry and Trade shall submit quarterly reports on issuance, adjustment of Investment Registration Certificates, shutdown, and business outcomes of foreign projects of investment in petroleum exploration and extraction in Vietnam before the 12th of the first month of the quarter succeeding the reported quarter;
c) The Ministry of Justice shall submit quarterly reports on issuance, adjustment of Investment Registration Certificates, shutdown, and business outcomes of branches and law firms before the 12th of the first month of the quarter succeeding the reported quarter;
d) The State bank of Vietnam shall submit quarterly reports on issuance, adjustment of Investment Registration Certificates, shutdown, and business outcomes of commercial presences in Vietnam of foreign finance companies and foreign credit institutions before the 12th of the first month of the quarter succeeding the reported quarter.
dd) The Ministry of Labor, War Invalids and Social Affairs shall submit annual reports on registration and licensing of foreign workers in foreign-invested business organizations before March 31 of the year succeeding the reported year;
e) The Ministry of Natural Resources and Environment shall submit annual reports on land received, leased, and used by foreign-invested business organizations before March 31 of the year succeeding the reported year;
g) The Ministry of Science and Technology shall submit annual reports on technology transfers by foreign-invested business organizations before March 31 of the year succeeding the reported year.
4. The Ministry of Planning and Investment shall aggregate the reports and submit quarterly and annual reports on nationwide investment to the Prime Minister as set out in Point dd Clause 2 Article 71 of the Law on Investment.
Article 53. Report content and reporting period of investment authorities
Any business organization that executes an investment project shall submit reports to the local investment registration authority and statistics authority as follows:
1. Monthly reports on use of capital: If capital is provided during the month, the business organization must submit a report within 12 days from the end of that month.
2. Each quarterly report shall be submitted by the 12th of the first month of the quarter succeeding the reported quarter, which specify: capital, net revenue, export, import, workers, taxes, amounts payable to state budget, use of land and water surface.
3. Each annual report shall be submitted by March 31 of the next year, which specifies: information on the quarterly reports, profit, incomes of workers, expenditures and investment in research and development, environmental protection, origins of technologies used.
Article 54. Sending reports
1. The business organization that executes an investment project shall submit reports only via National Investment Information System.
2. The investment registration authority shall submit physical and electronic reports on National Investment Information System.
3. The Ministry of Planning and Investment shall provide forms and inspect the adherence to reporting provisions of this Decree.
Article 55. Duties and entitlements of regulatory bodies to management and operation of National Investment Information System
1. The Ministry of Planning and Investment shall take charge and cooperate with relevant regulatory bodies in developing and operating the National Investment Information System; provide instructions on its management, operation, and use.
2. Ministries, regulatory bodies, and the People’s Committees of provinces shall update and provide information about investment activities within their management on National Investment Information System; organize the operation and use of National Investment Information System in accordance with the Law on Investment, this Decree and relevant regulations.
3. Investment registration authorities shall use National Investment Information System to receive applications, issue, adjust, revoke Investment Registration Certificates; monitor and assess the execution of investment projects; receive reports, and instruct investors to use National Investment Information System in accordance with this Decree.
4. The agency in charge of operation of National Investment Information System and National Enterprise Registration Information System shall exchange information about enterprise registration of foreign-invested business organizations, capital contribution, purchase of shares/stakes by foreign investors when they follow the procedures specified in Article 44 and Article 46 of this Decree, investment conditions applied to foreign investors, list of business lines subject to conditions and investment conditions.
5. The business organizations that execute investment projects shall be given accounts to log in to National Investment Information System in order to submit periodic reports.
6. The Ministry of Planning and Investment shall provide specific instructions on management, operation, and use of National Investment Information System.
Section 3. DUTIES AND ENTITLEMENTS OF MINISTRIES, REGULATORY BODIES, AND THE PEOPLE’S COMMITTEES OF PROVINCES
Article 56. Duties and entitlements of the Ministry of Planning and Investment
1. Perform the duties and entitlements specified in Clause 3 Article 68 of the Law on Investment and other duties and entitlements specified in this Decree.
2. Supervise, inspect, and assess investment activities within its management; inspect the issuance, adjustment, revocation of Investment Registration Certificates by investment registration authorities; supervise the adherence to planning approved by competent authorities during the course of investment.
3. Take charge and cooperate with other Ministries and ministerial agencies in reviewing, gathering, posting investment conditions on National Enterprise Registration Portal and investment conditions applied to foreign contractor on National Foreign Investment Web Portal.
4. Take charge and cooperate with other Ministries and ministerial agencies in reviewing, making periodic reports on implementation of regulations of law on to business lines banned from investment, business lines subject to conditions, and investment conditions applied to foreign investors, and submitting such reports to the Prime Minister.
5. Instruct and assist investment registration authorities, business registration authorities in resolving difficulties during the course of investment and enterprise registration.
Article 57. Duties and entitlements of other Ministries and ministerial agencies
1. The Ministry of Finance shall take charge and cooperate with relevant regulatory bodies in developing policies on tax and financial incentives (land rents, land levies) for investment and submit them to competent authorities for promulgation, instruction, and inspection of implementation thereof; carry out inspections and make comments about finance, Government guarantees for investment projects whose investment guidelines are decided by the Prime Minister or the National Assembly.
2. The Ministry of Natural Resources and Environment shall take charge and cooperate with relevant regulatory bodies in promulgating regulations on environmental protection and resources related to investment activities and submit them to competent authorities for promulgation, instruction, and inspection of implementation thereof, carry out inspections and make comments about land and environmental issues of investment projects whose investment guidelines are decided by the Prime Minister or the National Assembly.
3. The Ministry of Science and Technology shall take charge and cooperate with relevant regulatory bodies in establishing regulations on investment in science and technology and request competent authority to promulgate them, provide instructions, and inspection of implementation thereof; submit master plans for development of hi-tech zones to the Prime Minister; carry out inspections and make comments about scientific and technological issues of investment projects whose investment guidelines are decided by the Prime Minister or the National Assembly.
4. The Ministry of Construction shall take charge and cooperate with relevant regulatory bodies in establishing regulations on construction of investment projects and submit them to competent authorities for promulgation, instruction, and inspection of implementation thereof; carry out inspections and make comments about construction of investment projects whose investment guidelines are decided by the Prime Minister or the National Assembly.
5. The State bank of Vietnam shall take charge and cooperate with relevant regulatory bodies in establishing regulations on credit and foreign currency management related to investment activities and submit them to competent authorities for promulgation, instruction, and inspection of implementation thereof; carry out inspections and make comments about credit and foreign currency management of investment projects whose investment guidelines are decided by the Prime Minister or the National Assembly.
6. The Ministries and ministerial agencies specified in Clause 1 through 5 of this Article shall perform the duties and entitlements specified in Clause 4 Article 68 of the Law on Investment and other duties and entitlements specified in this Decree and relevant regulations of law.
Article 58. Duties and entitlements of the People’s Committees of provinces
1. Develop planning and plans for attracting investment; make and publish Lists of local projects that need investing.
2. Issue decision on investment guidelines for investment projects under their management as set out in Article 32 of the Law on Investment.
3. Provide instructions for and supervise investment registration authorities issuing Investment Registration Certificates and managing local investment activities.
4. Provide instructions on making detailed planning for construction of industrial parks and export-processing zones; approve detailed planning for construction of industrial parks and export-processing zones; detailed planning for construction of specialized areas in economic zones.
5. Instruct investment registration authorities, business registration authorities, land authorities, environment authorities, and construction authorities to simplify procedures to enable investors to make investment.
6. Performing other duties and entitlements specified in this Decree and relevant regulations of law.
Tìm kiếm
Nghị định 118/2015/NĐ-CP (Bản Word)
Nghị định 118/2015/NĐ-CP (Bản Pdf)