Chapter 4.
INVESTMENT IN TOBACCO MANUFACTURING
Article 24. Requirements and procedure for investment in upgrading equipment and technologies; investment in manufacture and processing of tobacco for export; moving; investment in tobacco ingredient processing
1. The investments in upgrading equipment and technologies; investments in manufacturing and processing tobacco for export must comply with the principles below:
a) Investments in tobacco manufacturing must be conformable with Tobacco manufacturing and tobacco ingredient area planning and business plans of enterprises;
b) Do not make new investments, expand the scale or capacity of tobacco factories that exceed the total capacity of the tobacco industry, which is determined by the Ministry of Industry according to Article 21 of this Decree;
c) The investment in machinery and equipment and tobacco manufacturing technologies must be suitable for the scale and production plan of the enterprise.
2. The procedure for making investments in upgrading equipment and technologies, manufacture and processing of tobacco for export and moving:
a) An enterprise that has a License to manufacture tobacco or License to process tobacco ingredients shall send an application and the investment scheme to the Ministry of Industry and Trade. The application must specify the project name, location, relevant specifications, scale, production, efficiency, and the plan for handling the machinery and equipment being replaced (if they are replaced);
b) Within 15 working days from the day on which the valid application is received, the Ministry of Industry and Trade shall make a written reply. If the application is not valid, the Ministry of Industry and Trade shall send a written request to the enterprise in writing for the supplementation of the application within 07 working days from the day on which the application is received. If the enterprise fails to meet the requirements, the Ministry of Industry and Trade shall makes a written refusal and provide explanation;
c) After the Ministry of Industry and Trade makes the written approval, the enterprise shall make investment in accordance with the procedure for investment and fundamental construction required by law;
d) The enterprise shall send the Ministry of Industry and Trade a report on the settlement of machinery and equipment that are replaced during the investment.
Article 25. Foreign investment in tobacco manufacturing
1. Requirements for foreign cooperation in tobacco manufacturing:
a) Investments in tobacco manufacturing must be conformable with Tobacco manufacturing and tobacco ingredient area planning;
b) Investment is made on the basis of cooperation with enterprises that have License to manufacture tobacco to upgrade technologies and equipment, improve the quality and value of products;
c) The state capital shall make up a predominant part in the charter capital of the enterprise (for join-venture);
d) The requirements in Article 17 of this Decree are satisfied;
d) The cooperation is permitted by the Government at the request of the Ministry of Industry and Trade.
2. Procedure for foreign investment in the form of cooperation in tobacco manufacturing:
a) Parties of the joint venture shall send the joint venture scheme, the joint venture contract, and the application to the Ministry of Industry and Trade;
The application must specify the project name, location, relevant specifications, scale and targets, production of each product, efficiency, plan for investment in machinery and equipment and handling the machinery and equipment replaced.
b) Within 30 working days from the day on which the application and all documents are received, the Ministry of Industry and Trade shall consider and request the Prime Minister to make a decision. The refusal (if any) must be made in writing;
c) After the Prime Minister makes a written approval, the joint venture parties shall register the establishment of the joint venture in accordance with current laws on investment.
3. The procedure for foreign investment in the form of contracts to transfer industrial property rights or the right to use subjects of industrial property:
a) Parties shall send the application and the documents related to the contract to transfer industrial property rights or contract to transfer the right to use subjects of industrial property to the Ministry of Industry and Trade. The application must specify the contents of the contract to transfer industrial property rights or contract to transfer the right to use subjects of industrial property, the scale, production of each product, efficiency, plan for investment in machinery and equipment and handling the machinery and equipment replaced (if any).
b) Within 30 working days from the day on which the application and all documents are received, the Ministry of Industry and Trade shall consider and request the Prime Minister to make a decision. The refusal (if any) must be made in writing;
c) After the Prime Minister makes a written approval, parties shall perform contracts to transfer industrial property rights or to transfer the right to use subjects of industrial property.
4. d) The enterprise shall send the Ministry of Industry and Trade a report on the settlement of machinery and equipment that are no longer used or are liquidated during the investment, and take responsibility for such settlement.
Tìm kiếm
Nghị định 67/2013/NĐ-CP (Bản Word)
Nghị định 67/2013/NĐ-CP (Bản Pdf)