Chapter IV
STATE MANAGEMENT IN INVESTMENT PROMOTION
Article 25.-
1. The Ministries, Agencies at ministerial level, and Agencies attached to the Government which exercise the function of State management over investment have the following tasks and powers:
a) To issue guidance documents on the implementation of laws, norms, procedures and modalities within their jurisdiction to make the investors conscious and forthcoming in their compliance with, and responsible before law.
b) To make detailed and clear administrative procedures and minimize procedures for license application and licensing required for each part of the process.
c) To inspect and control the implementation of State laws and the regulations issued by each ministry; and handle acts of violation which are within the spheres of their jurisdiction.
2. The State Planning Committee shall help the Government in exercising State management of promotion of domestic investment. The State Planning Committee has the following tasks and powers:
a/ To work out and submit to the Government for decision to supplement or modify the lists of industries and crafts and the scope of the areas eligible for preferential investment treatment (defined in Lists A, B and C attached to this Decree).
b/ To coordinate with the State management agencies in each branch in guiding and supervising the implementation of investment support and preferential treatment.
c/ To define the order, procedures, forms of application and certificates of investment preferential treatment for uniform application in the whole country.
d) To issue or not to issue certificates of investment priority to enterprises formed with the permission of the Prime Minister, as described in Point C, Item 2, Article 18 of the Law on Promotion of Domestic Investment.
Article 26.- The People's Committees of the provinces and cities directly under the Central Government (hereafter referred to as the Provincial People's Committee) shall have to exercise State management over investment in their localities in accordance with the provisions of the Law on Promotion of Domestic Investment, including the defining of investment priorities, the decision to grant or not to grant preferential treatment to investors and the supervising of the implementation of policies to promote domestic investment.
The granting of preferential treatment to investors in newly-established enterprises shall be done at the same time with the licensing of their establishment.
The Planning Departments in the provinces and cities directly under the Central Government (hereafter referred to as the Provincial Planning Departments) shall assist the Provincial People's Committees in their performance of the State management function over investment in their localities, consider and submit to the Provincial People's Committee for issuing certificates of preferential investment treatment according to the Law on Promotion of Domestic Investment, and licensing the establishment of private enterprises, limited liability companies and joint-stock companies which belong to the categories of investment promotion.
Article 27.- The modalities for licensing the establishment of private enterprises, limited liability companies and joint-stock companies in industries and crafts which are defined in Article 5 of the Law on Private Enterprises and Article 11 of the Corporate Law still apply in accordance with existing regulations.
The modalities for licensing the establishment of private enterprises, limited liability companies and joint-stock companies not in the industries and crafts stipulated in Paragraph 1 of this Article shall be as follows:
1. The applicant for license to establish a private enterprise or company shall submit his/her application to the Provincial Planning Department in the province where he/she wishes to locate the headquarters of the enterprise or company. The application shall include the request (if any) for preferential investment treatment in accordance with the Law on Promotion of Domestic Investment.
2. The Provincial Planning Department shall receive the application, consult the provincial services in charge of economic-technical affairs and finance, and report to the President of the Provincial People's Committee for decision on whether or not to grant the license for establishment of the private enterprise or company, and whether or not to issue the certificate for preferential investment treatment (if any).
3. Upon the proposal of the Director of the Provincial Planning Department, the President of the Provincial People's Committee shall consider and decide on licensing the establishment of private enterprises, limited liability companies and joint-stock companies and certifying the granting of preferential investment treatment (if any).
In the event of a denial of the license for establishment of a private enterprise or company or of the certificate for preferential investment treatment, the Provincial Planning Department must notify the concerned party of the reasons for the denial.
4. The granting or denial of the license for establishment of a private enterprise must be completed within 30 days if it does not involve land rent, and 60 days if it involves land rent. The granting or denial of the license for establishment of a company must be completed within 60 days if it does not involve land rent, and 90 days if it involves land rent.
The above-mentioned time limit is counted from the date of receipt of the proper application if it is submited directly to the Provincial Planning Department; or from the date the application is delivered through the post office. In case the application is found not proper, the Provincial Planning Department shall, within five days of the reception of the improper application, notify the applicant and request him/her to make changes to the application to make it comply with the provisions of the Corporate Law and the Law on Private Enterprises. The time limit for the granting or denial of the license for the establishment of the enterprise shall be counted from the date the Provincial Planning Department receives the changed and proper application.
5. The establishment of an enterprise of overseas Vietnamese or foreign permanent residents in Vietnam shall be conducted in accordance with the above-mentioned provisions regarding the modalities for establishment of enterprises and the stipulations in Article 5 of this Decree.
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