|
THE PRIME
MINISTER OF GOVERNMENT
-----
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
----------
|
|
No. 41/1998/QD-TTg
|
Hanoi,
February 20, 1998
|
DECISION
ON THE DELEGATION
OF THE LICENSING OF FOREIGN DIRECT INVESTMENT PROJECTS
THE PRIME MINISTER
Pursuant
to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Law on Foreign Investment in Vietnam of November 12, 1996;
Pursuant to Decree No. 12-CP of February 18, 1997 of the Government detailing
the implementation of the Law on Foreign Investment in Vietnam and Decree No.
10/1998/ND-CP of January 23, 1998 of the Government on a number of measures to
encourage and guarantee foreign investment activities in Vietnam;
At the proposal of the Minister of Planning and Investment,
DECIDES:
Article 1.-
To delegate the licensing of foreign direct investment projects under the Law
on Foreign Investment in Vietnam of November 12, 1996 to the People's
Committees of the following provinces (referred to as the provincial People's
Committees):
1. The People's Committee of Ha Tay province.
2. The People's Committee of Hai Duong province.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. The People's Committee of Nghe An province.
5. The People's Committee of Thua Thien - Hue
province.
6. The People's Committee of Quang Nam province.
7. The People's Committee of Khanh Hoa province.
8. The People's Committee of Lam Dong province.
Article 2.-
The provincial People's Committees stated in Article 1 of this Decision shall
have to receive projects dossiers, evaluate and grant investment licenses to
foreign direct investment projects in their respective localities as stated in
Article 3 of this Decision.
Article 3.-
Foreign direct investment projects to be licensed by the provincial People's
Committees must satisfy the following conditions:
1. To comply with the economic-technical
branch's development master plan and the locality's socio-economic development
master plan and plans already approved.
2. To have an investment capital of up to 5
million USD, except for projects stated in Article 4 this Decision.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. Foreign invested capital enterprises or
foreign business cooperation parties shall ensure their own foreign currency
demands.
5. Equipment, machinery and technologies must
comply with current regulations; if not, they must be approved in writing by a
competent State agency in charge of the economic-technical branch before the
investment licenses are granted.
6. To satisfy the requirements on environmental
protection, labor safety and fire and explosion prevention and fight.
Article 4.-
The licensing of the following projects shall not be delegated to the
provincial People's Committees:
1. Group A projects as prescribed in Article 93
of Decree No. 12-CP of February 18, 1997 of the Government detailing the
implementation of the Law on Foreign Investment in Vietnam.
2. The projects in the following fields:
- Oil and gas prospection, exploitation and
services.
- Electricity production.
- Construction of seaports, airfields, national
highways and railway.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. The projects in industrial parks, export
processing zones and high-tech parks.
Article 5.-
1. Investment project dossiers shall be compiled
according to the guidance of the Ministry of Planning and Investment.
2. The project evaluation shall comply with the
provisions in Articles 83, 92, 94, 96 and 100 of Decree No. 12-CP of February
18, 1997 of the Government detailing the implementation of the Law on Foreign
Investment in Vietnam.
The provincial People's Committees shall have to
consult the ministries and branches regarding the matters that come under the
latter's jurisdiction but have not been specified yet.
The ministries and branches which are consulted
on projects, including supplements and/or amendments thereto, shall have to
reply in writing within seven days after receiving the written inquiry of the
provincial People's Committees; past such time limit if they fails to issue a
written reply, the project shall be deemed to be approved.
3. Investment licenses shall be made according
to the form of the Ministry of Planning and Investment.
Within seven days after granting the investment
license, the provincial People's Committee shall send the original investment
license to the Ministry of Planning and Investment and its copies to the Office
of the Government, the Ministry of Finance, the Ministry of Trade and the
ministry in charge of the economic and technical branch.
Article 6.-
The provincial People's Committees shall be entitled to supplement and/or amend
investment licenses of the projects under their delegated licensing power.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 7.-
The Ministry of Trade authorizes the People's Committees of the provinces and
cities directly under the Central Government which are delegated to grant
investment licenses to approve the import and export plans of foreign invested
enterprises and business cooperation parties which are outside industrial
parks.
Article 8.-
Every quarter, six months and year, the provincial People's Committees shall
make sum-up reports on the granting, supplementing and amending investment
licenses and send them to the Office of the Government and the Ministry of
Planning and Investment.
Article
9.- The Ministry of Planning and Investment shall consider before
continuing to delegate the licensing power to the managing boards of newly
established industrial parks; issue detailed provisions on the export
percentage so that the People's Committees of the provinces and cities directly
under the Central Government and the provincial-level managing boards of
industrial parks can take the initiative in evaluating and licensing investment
projects.
Article
10.- This Decision takes effect 15 days after its signing.
The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government and the presidents of the People's Committees of the concerned
provinces and cities directly under the Central Government shall have to
implement this Decision.
THE PRIME MINISTER OF
GOVERNMENT
PRIME MINISTER
Phan Van Khai