Chương VII Nghị định 31/2021/NĐ-CP: Xúc tiến đầu tư

Chapter VII

INVESTMENT PROMOTION

Article 88. Contents of investment promotion

1. Investment potential, market, trend and partner research.

2. Creating images, disseminating and introducing investment environment, policies, potentials, opportunities and matching.

3. Supporting, providing instructions and facilitating investment activities.

4. Building information system and database to serve investment promotion activities.

5. Compiling lists of projects attracting investment.

6. Designing publications and documents to serve investment promotion activities.

7. Providing training in and enhancing capacity for investment promotion.

8. Domestic and international cooperation in investment promotion.

Article 89. Investment promotion methods

1. Investment promotion activities shall be carried out adopting the following methods:

a) Collecting information, consolidating and considering designing schemes, reports and documents; building information system and database to serve investment promotion activities; building investment web portals and websites;

b) Organizing survey and research delegations in the country and foreign countries; investment promotion delegation based on each specific theme or partner;

c) Organizing investment promotion forums, conferences, workshops and seminars in the country and foreign countries;

d) Holding dialogues between agencies, organizations, enterprises and investors;

dd) Connecting investors with regulatory bodies, with investors, with organizations and individuals;

e) Disseminate investment environment, policies and laws through domestic and foreign mass media;

g) Providing information and instructing investors to follow investment procedures and administrative procedures related to investment;

h) Consolidating proposals and propositions of investors and assisting in resolving difficulties that arise from investment and business activities.

2. Investment promotion activities may be carried out adopting one or more investment promotion methods depending on the contents and requirements of each activity.

Article 90. Coordination in investment promotion activities

1. Methods for coordinating investment promotion activities:

a) Arranging investment promotion activities in an effective manner suitable for domestic, international, territorial and local contexts and specific conditions at stated times;

b) Balancing contents, time, duration, schedule and composition of promotion delegations and funding for investment promotion activities in a practical manner.

2. The Ministry of Planning and Investment acts as an agency in charge of assisting the Government in coordinating investment promotion activities. The Ministry of Planning and Investment has the responsibility to:

a) instruct other Ministries, ministerial agencies and provincial People’s Committees in designing annual promotion programs in conformity with investment promotion plans and National Investment Promotion Program;

b) coordinate the formulation and execution of the National Investment Promotion Program;

c) provide guidance on and coordinate investment promotion programs of other Ministries, ministerial agencies and provincial People’s Committees.

3. Other Ministries, ministerial agencies and provincial People’s Committees have the responsibility to:

a) coordinate their investment promotion programs;

b) propose adjustments to the National Investment Promotion Program to the Ministry of Planning and Investment;

c) regularly review the conduct of investment promotion activities according to the approved programs and update information thereon on the National Investment Promotion Information System.

Article 91. Investment promotion agencies

1. The Ministry of Planning and Investment acts as an agency assisting the Government in state management of investment promotion activities nationwide.

2. Ministries shall assign units in charge of carrying out investment promotion activities by sectors and industries within their functions and power.

3. Every Department of Planning and Investment acts as an agency in charge of assisting the provincial People’s Committee in state management of investment promotion.

4. Depending on specific demands and conditions, every provincial People’s Committee shall establish an agency or department in charge of investment promotion within its structure and provide facilities, working conditions, salary and benefits, and cover operating costs. The establishment of an investment promotion agency affiliated to a provincial People’s Committee must be agreed upon by the Ministry of Home Affairs and the Ministry of Planning and Investment before requesting the Prime Minister to consider and make a decision as prescribed by law.

5. Overseas agencies in charge of investment promotion:

a) Overseas agencies in charge of investment promotion are affiliated to and managed by Vietnam’s overseas representative missions;

b) Depending on specific conditions of each area, the Ministry of Planning and Investment shall agree with the Ministry of Foreign Affairs on the number of investment promotion personnel arranged at each mission. If there are 02 full-time investment promotion officials or more in an area, it is required to establish an investment promotion department affiliated to the Vietnam's overseas representative mission;

c) Overseas agencies in charge of investment promotion shall be under professional direction of the Ministry of Planning and Investment and comprehensive direction of Vietnam’s overseas representative missions.

Article 92. National Investment Promotion Program

1. The National Investment Promotion Program is a collection of national investment promotion activities carried out in an inter-regional and inter-agency manner by Ministries and provincial People’s Committees by using the state budget.

2. Formulation of the National Investment Promotion Program:

a) The National Investment Promotion Program shall be formulated on an annual basis. The Ministry of Planning and Investment shall act as an agency in charge of formulating a National Investment Promotion Program on the basis of proposals of the presiding authority;

b) Before May 30, the presiding authority shall send the proposal for execution of the National Investment Promotion Program of the next year to the Ministry of Planning and Investment in writing and on the National Investment Promotion Information System. The proposals sent after this deadline shall be included in the National Investment Promotion Program of the succeeding year;

c) Before June 30, the Ministry of Planning and Investment shall notify the presiding authority of requests for adjustment or supplementation (if any) in writing and on the National Investment Promotion Information System;

d) Before July 15, the presiding authority shall comply with the requests for adjustment or supplementation (if any) and send a confirmation of compliance with the requests to the Ministry of Planning and Investment and electronically on the National Investment Promotion Information System;

dd) Before August 30, the Ministry of Planning and Investment shall send the intended National Investment Promotion Program of the next year to the Ministry of Finance to seek its opinions about the budget expenditure estimate;

e) Within 20 days from the date on which the Ministry of Finance notifies the budget expenditure estimate, the Ministry of Planning and Investment shall approve the National Investment Promotion Program of the next year and send it to the presiding authority in writing and on the National Investment Promotion Information System;

g) According to the approved National Investment Promotion Program, the investment promotion authority affiliated to the Ministry of Planning and Investment shall sign a contract with the presiding authority for assigning the task of conducting investment promotion activities; advance, pay and settle the financial assistance under the signed contract.

3. Adjustment to the National Investment Promotion Program:

a) If the request for adjustment of an activity of the approved National Investment Promotion Program, the presiding authority shall send a request to the Ministry of Planning and Investment in writing and on the National Investment Promotion Information System specifying the reasons and proposed adjustment plan;

b) Within 15 days from the receipt of the written request, the Ministry of Planning and Investment shall consider deciding to adjust the activity of the approved National Investment Promotion Program; notify relevant authorities in writing and on the National Investment Promotion Information System.

4. The Ministry of Planning and Investment shall provide for forms for formulation and adjustment of the National Investment Promotion Program.

Article 93. Investment promotion programs of Ministries, ministerial agencies and provincial People’s Committees

1. Provide guidance on formulation of investment promotion programs:

a) The Ministry of Planning and Investment shall formulate an investment promotion program in each period of socio-economic development in order to orienting the investment promotion nationwide;

b) According to specific requirements and conditions, the Ministry of Planning and Investment shall instruct other Ministries, ministerial agencies and provincial People’s Committees to formulate annual investment promotion programs.

2. Formulation of investment promotion programs:

a) Before May 30, Ministries, ministerial agencies and provincial People’s Committees shall submit intended investment promotion programs of the next year to the Ministry of Planning and Investment in writing and on the National Investment Promotion Information System. The intended investment promotion programs submitted after this deadline shall be included in the investment promotion program of the succeeding year;

b) Before July 30, the Ministry of Planning and Investment shall give its opinions about the investment promotion programs of the next year of Ministries, ministerial agencies and provincial People’s Committees in writing and on the National Investment Promotion Information System;

c) Before August 30, on the basis of agreement with the Ministry of Planning and Investment, Ministries, ministerial agencies and provincial People’s Committees shall approve investment promotion programs of the next year and submit them to the Ministry of Planning and Investment in writing and on the National Investment Promotion Information System.

3. Based on the execution of the investment promotion programs and specific conditions, after reaching an agreement with the Ministry of Planning and Investment, Ministries, ministerial agencies and provincial People’s Committees shall decide to adjust the investment promotion programs; notify the Ministry of Planning and Investment in writing and on the National Investment Promotion Information System.

4. The Ministry of Planning and Investment shall provide for forms for formulation and adjustment of investment promotion programs of Ministries, ministerial agencies and provincial People’s Committees.

Article 94. Investment promotion during state high-level external relation activities

1. For state high-level external relation activities that involve investment promotion activities, presiding authorities shall cooperate with the Ministry of Planning and Investment, Ministry of Foreign Affairs and relevant authorities in formulating investment promotion plans.

2. The presiding authorities shall organize the conduct of investment promotion activities according to plans agreed upon with the Ministry of Planning and Investment, Ministry of Foreign Affairs or agencies assigned to be in charge of organizing state high-level external relation activities.

3. Ministries, provincial People’s Committees, agencies, organizations and individuals participating in investment promotion activities within the framework of state high-level external relation activities have the responsibility to:

a) Comply with regulations, internal regulations, requests and guidance of presiding authorities, Ministry of Planning and Investment, Ministry of Foreign Affairs and Ministry of Public Security or agencies in charge of organizing state high-level external relation activities;

b) appoint appropriate representatives to participate in investment promotion activities and assume total responsibility for the appointment.

Article 95. Cooperation between investment promotion and trade, tourism and economic diplomacy promotion

1. Ministries, ministerial agencies and provincial People’s Committees shall preside over carrying out joint investment promotion activities together with trade or tourism or economic diplomacy promotion activities or together with a combination of such activities. These activities require the cooperation and agreement with the Ministry of Planning and Investment on the contents of investment promotion during the process of formulating programs and organizing the execution thereof.

2. Contents of cooperation:

a) Notifying the plan to organize joint trade, tourism and economic diplomacy promotion activities related to investment promotion to the Ministry of Planning and Investment 07 days in advance in writing and through the National Investment Promotion Information System;

b) Reaching an agreement with the Ministry of Planning and Investment on the contents of investment promotion in joint trade, tourism and economic diplomacy promotion activities.

Article 96. Investment promotion activities not funded by state budget

1. Investment promotion activities not funded by state budget shall be carried out by agencies, organizations and individuals in Vietnam and foreign countries by using the funding sources specified in Points b, c and d Clause 1 Article 97 hereof.

2. Agencies, organizations, enterprises and individuals carrying out investment promotion activities in foreign countries shall comply with regulations of law of foreign countries and Vietnam.

3. Any agency, organization, enterprise or individual carrying out investment promotion activities must send a notification at least 15 days before carrying out the investment promotion activities and notify results thereof to the Department of Planning and Investment at least 15 days after the completion. The notification shall be made in writing and on the National Investment Promotion Information System.

Article 97. Funding for investment promotion activities

1. The funding for investment promotion activities shall be covered by:

a) State budget;

b) contributions of organizations and enterprises participating in the activities;

c) donations of domestic and foreign organizations and individuals;

d) Other legal funding sources prescribed by law.

2. Estimation and allocation of state budget for investment promotion activities with regard to the investment promotion activities of Ministries and ministerial agencies:

a) Ministries and ministerial agencies consolidate and send estimates of funding for investment promotion activities after reaching an agreement with the Ministry of Planning and Investment together with the annual budget plans of Ministries, ministerial agencies and Governmental agencies to the Ministry of Finance;

b) Within the state budget and with the agreement of the Ministry of Planning and Investment on the investment promotion activities, the Ministry of Finance shall consider approving and include budget in the annual state budget expenditure estimates of Ministries, ministerial agencies and Governmental agencies to carry out investment promotion activities;

c) Ministries and ministerial agencies shall, according to the budget estimate assigned by the Ministry of Finance, prepare detailed budget estimates of their affiliated units to carry out investment promotion activities.

3. For investment promotion activities of provincial People’s Committees, with the Ministry of Planning and Investment’s written agreement to carry out investment promotion activities, the provincial People’s Committees shall, within local government budget, assign tasks and provide funding to their affiliated units to carry out investment promotion activities. The funding for investment promotion activities shall be included in the annual local government budget estimate.

4. For investment promotion activities carried out on a scheduled basis according to the working programs of leaders of the State and Government, with the agreement of the Ministry of Planning and Investment, the presiding authority shall make an estimate, propose funding and send them to the Ministry of Finance for consideration and decision as prescribed by the Law on State Budget.

5. For the National Investment Promotion Program, the Ministry of Planning and Investment shall preside over and cooperate with the Ministry of Finance in formulating an annual budget estimate plan.