Chapter XI
STATE MANAGEMENT OF FOREIGN INVESTMENT ACTIVITIES
Article 112.- Guiding the investment activities
1. The ministries, branches and provincial-level People’s Committees shall have to guide the foreign investment activities in the fields and geographical areas under their respective management; provide necessary information and create all favorable conditions for investors to select the investment opportunities in Vietnam; improve the administration and revise the investment procedures in order to ensure simple and quick investment procedures.
2. The ministries, branches and provincial-level People’s Committees shall consult with the Ministry of Planning and Investment before promulgating according to their competence the legal documents related to foreign direct investment activities; in case of divergence of opinions, it must be reported to the Prime Minister for consideration and decision.
Article 113.- Coordination of State management activities
1. The ministries, branches and provincial-level People’s Committees shall exercise the State management of foreign investment activities according to the provisions of law, effecting the regime of coordination in the work of enterprise management.
2. The provincial-level People’s Committees shall have to promptly handle matters falling under their competence and guide enterprises to operate in strict compliance with the regulations in the investment licenses and the provisions of law.
3. The Ministry of Planning and Investment shall sum up and provide information on the foreign investment situation for the ministries, branches and the provincial-level People’s Committees, periodically work with the Finance Ministry, the Trade Ministry, the State Bank, the General Land Administration, the General Department of Customs and the concerned provincial-level People’s Committees in order to handle in time arising matters as well as petitions of foreign-invested enterprises, business cooperation parties and put forward policies and measures to improve the investment environment.
Article 114.- Competence to decide investment projects
1. The Prime Minister shall decide Group A- projects, including:
a) Projects, regardless of investment capital amounts, in various fields:
- Capital construction of infrastructures in industrial parks, export processing zones, hi-tech parks, urban centers; BOT, BTO and BT projects;
- Seaport and airport construction and business; sea shipping and air transport business;
- Petroleum activities;
- Postal and telecommunications services;
- Culture; publication and press; radio and television; medical examination and treatment establishments; education and training; scientific research; production of curative medicines for human use;
- Insurance, finance, audit, expertise;
- Prospection and exploitation of precious and rare natural resources;
- Construction of dwelling houses for sale;
- Defense and security projects.
b) Projects with investment capital of USD 40 million or more in such branches as electricity, mining, metallurgy, cement, machine building, chemicals, hotels, apartments and offices for rent, entertainment- recreation- tourist complexes;
c) Projects using the urban land of 5 ha or more and other type of land of 50 ha or more.
2. The Ministry of Planning and Investment shall decide Group B projects (being those not prescribed in Clause 1 of this Article), except projects defined in Clause 3 of this Article.
3. The provincial-level People’s Committees shall decide projects defined in Clause 1, Article 115 of this Decree.
Article 115.- Assignment of investment licensing responsibility
1. Investment projects assigned to the provincial-level People�s Committees for investment licensing shall have to satisfy the following criteria and conditions:
a) Being in line with planning and plans for socio-economic development, which have already been approved;
b) Being other than Group A projects prescribed in Clause 1, Article 114 of this Decree with investment capital amounts prescribed by the Prime Minister.
2. The provincial-level People’s Committees shall not be assigned the responsibility to grant investment licenses to investment projects in the following fields (regardless of investment capital amounts):
a) National highways and railways construction;
b) Cement production, metallurgy, electricity, edible sugar, liquors, beer, cigarettes; automobile and motorcycle manufacture and assembly;
c) Tour bussiness.
Article 116.- The provincial-level People’s Committees’ function of State management over foreign investment
The provincial-level People’s Committees shall have the responsibility:
1. To make and announce lists of local projects for attracting foreign investment, based on the approved socio-economic development planning and the coordination with concerned ministries and branches; to mobilize and promote investment.
2. To assume the prime responsibility for the appraisal, grant investment licenses and adjust investment licenses, decide to dissolve foreign-invested enterprises and terminate business cooperation contracts ahead of time regarding projects under their jurisdiction.
3. To take part in the appraisal of projects in their respective localities, which are granted the investment licenses by the Ministry of Planning and Investment.
4. To perform the function of State management over projects with foreign investment capital in their respective localities according to the following principal contents:
a) Supervising the capital contribution, the observance of regulations in the investment licenses as well as relevant legal documents;
b) Supervising the implementation of the provisions on financial obligations, labor and wage relations, social order and safety, the ecological environment protection, fire and explosion prevention and fighting;
c) Granting the land use right certificates; organizing the ground clearance; granting permits for opening head-offices, branches; registering residence for foreigners; recommending Vietnamese laborers to enterprises and granting certificates according to current regulations;
d) Removing difficulties and problems of investors according to their competence, and proposing the ministries and branches to settle matters beyond their competence;
e) Assuming the prime responsibility for or joining other ministries and branches in examining and inspecting activities of foreign-invested enterprises;
f) Evaluating socio-economic efficiency of foreign direct investment activities in their localities.
5. Quarterly, biannually and annually, the provincial-level People’s Committees send reports on foreign investment activities in their localities to the Ministry of Planning and Investment.
Article 117.- The Planning and Investment Ministry’s function of State management over foreign investment
1. The Ministry of Planning and Investment shall act as the main player in settling matters in the process of formation, deployment and implementation of investment projects, including:
a) Guiding and coordinating with the ministries, branches and provincial-level People’s Committees in drawing up the planning, plans and lists of projects calling for investment and conducting promotion activities to call for investment;
b) Assuming the prime responsibility for appraisal, granting the investment licenses and the adjusted licenses for investment projects under its competence;
c) By the Prime Minister’s decision, authorizing the Industrial Parks Management Board to grant, adjust and withdraw investment licenses for foreign projects of investment in industrial parks, export processing zones and hi-tech parks at the proposals of the provincial-level People’s Committees or the Ministry of Science, Technology and Environment (for hi-tech parks);
d) Reconciling disputes when so requested;
e) Organizing the examination and inspection of the carrying out of foreign investment activities;
f) Making general evaluation of the socio-economic efficiency of foreign direct investment in Vietnam;
g) Deciding to dissolve foreign-invested enterprises and to terminate the business cooperation contracts ahead of time with regard to projects under its jurisdiction.
2. Annually, the Ministry of Planning and Investment sums up the situation of investment licensing and foreign investment activities in Vietnam and report it to the Prime Minister and notify the concerned ministries and branches thereof.
Article 118.- The function of State management over foreign investment of the other ministries, the ministerial-level agencies and the agencies attached to the Government
The other ministries, the ministerial-level agencies and the agencies attached to the Government shall have the responsibility:
1. To coordinate with the Ministry of Planning and Investment in elaborating legislation, policies and planning related to foreign investment.
2. To elaborate planning, plans and lists of their own projects calling for foreign investment; organizing investment mobilization and promotion.
3. To give comments on matters falling under their jurisdiction in the appraisal of projects, granting and adjustment of investment licenses.
4. To promulgate and guide the implementation of policies, settle procedures related to the deployment and implementation of investment projects.
5. To conduct specialized inspection; evaluate the socio-economic efficiency of the investment projects under their respective specialized management.
6. To promulgate technical criteria and processes related to their own economic and technical domains.
7. To perform other tasks under their jurisdiction as prescribed by law.
Article 119.- Regulations on inspection and examination
1. The inspection and examination of activities of foreign-invested enterprises and business cooperation parties must ensure the compliance with functions, jurisdiction and law provisions on foreign investment as well as on inspection and examination.
2. The agencies having inspection and examination function shall have to draw up plans for periodical inspection and examination to be addressed to the Ministry of Planning and Investment, the concerned provincial-level People’s Committees and Industrial Park Management Boards for the coordinated inspection and examination. The periodical specialized inspection and examination shall be carried out not more than once a year for an enterprise.
3. Those who issue inspection and examination decisions in contravention of law or who take advantage of the inspection and examination to seek personal profits, harass and cause troubles to business activities of enterprises shall, depending on the seriousness of their violations, be disciplined or examined for penal liability; if causing damage, they shall have to compensate therefor as prescribed by law.
4. Foreign investors, foreign-invested enterprises, business cooperation parties, organizations and individuals may complain or initiate lawsuits against illegal decisions and acts of causing difficulties and troubles committed by State employees and bodies. The complaint or lawsuit making and the settlement of complaints and lawsuits shall comply with the law provisions on complaints and denunciations.
Tìm kiếm
Nghị định 24/2000/NĐ-CP Hướng dẫn Luật đầu tư nước ngoài tại Việt Nam (Bản Word)