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THE
MINISTRY OF PLANNING AND INVESTMENT
THE MINISTRY OF FOREIGN AFFAIRS
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
01/2008/TTLT-BKH-BNG
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Hanoi,
March 17, 2008
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JOINT CIRCULAR
PROVIDING
GUIDANCE ON THE ESTABLISHMENT OF FOREIGN INVESTMENT PROMOTION SECTIONS IN SOME
KEY COUNTRIES
Pursuant to the November 29,
2005 Investment Law and the Governments Decree No. 108/2006/ND-CP of September
22, 2006, detailing and guiding the implementation of a number of articles of
the Investment Law;
Pursuant to the December 2, 1993 Ordinance on Overseas Representative Missions
of the Social Republic of Vietnam and the Governments Decree No. 183/CP of
November 18, 1994, detailing the implementation of the Ordinance;
In furtherance of the Prime Ministers instructions in Notice No. 103/TB-VPCP of
May 9, 2007, on the scheme on strengthening foreign investment promotion
sections in some key countries;
The Ministry of Foreign Affairs
and the Ministry of Planning and Investment jointly guide the establishment,
organization and management of the operation of foreign investment promotion
sections in some key countries as follows:
I. TRANSACTION NAME OF THE
INVESTMENT PROMOTION SECTION:
Foreign investment promotion
sections are under Vietnams overseas representative missions in some key
countries and have their transaction name in English as Investment Promotion
Section. At a representative mission that has an Economics Department, the
Investment Promotion Section is part of the Economics Department.
II. FUNCTIONS AND TASKS OF
INVESTMENT PROMOTION SECTIONS AND WORKING COORDINATION MECHANISM
1. To submit to the direction by
the head of the representative mission, receive information and submit to
professional direction by the Ministry of Planning and Investment through the
head of the representative mission.
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3. To actively seek
opportunities, contact and mobilize host countries investors to make investment
in Vietnam; to introduce Vietnams situation, capacity and demand for investment
cooperation to companies, organizations and enterprises in host countries; to
introduce, guide and support host enterprises wishing to invest in Vietnam; to
jointly investigate Vietnam-based investors of host countries at the request of
competent Vietnamese agencies; to participate in workshops, conferences, forums
and events on investment cooperation in host countries; to participate in
negotiations on, and urge the implementation of, treaties on investment
cooperation as assigned.
4. To guide, participate in and
support Vietnams investment promotion activities in host countries; to
introduce host countries investment cooperation situation, capacity and demand
to Vietnamese companies, organizations and enterprises; to guide and support
Vietnamese enterprises to invest in host countries.
5. To coordinate with other
sections in the representative mission in protecting lawful rights and
interests of Vietnamese agencies, organizations and enterprises investing in
host countries; to propose to the head of the representative mission measures
for handling problems arising in investment cooperation relations between
Vietnams and host countries agencies, organizations and enterprises.
6. To work out annual work plans
and programs and submit them to the head of the representative mission for
approval and report to the Ministry of Planning and Investment. In the course
of implementation, to report changes, if any, to the head of the representative
mission and the Ministry of Planning and Investment.
7. To regularly be supplied by
the Ministry of Foreign Affairs and the Ministry of Planning and Investment
with necessary information and documents and instructions for the performance
of its assigned tasks through the head of the representative mission.
8. When receiving instructions
from domestic specialized management agencies, to report them to the head of
the representative mission and the Ministry of Planning and Investment. When
specialized affairs need to be settle urgently, if opinions of domestic
specialized agencies and the head of the representative mission are different,
to comply with the decisions of the head of the representative mission. The
head of the representative mission shall immediately report his/her decision to
the Minister of Foreign Affairs, the Minister of Planning and Investment and
heads of domestic specialized agencies.
9. To perform other tasks as
assigned by the head of the representative mission.
III. ORGANIZATION OF AN
INVESTMENT PROMOTION SECTION:
1. Depending on each host
countrys characteristics and the number of investment promotion cadres working
in a representative mission, the head of the representative mission may
establish an Investment Promotion Section within the Economics Department or
directly attached to the representative mission.
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IV. Regime and criteria for
appointment of cadres:
1. Based on working requirements
of each host country, the approved payroll and the cadre criteria, the Ministry
of Planning and Investment shall select qualified cadres from the Ministry and
other ministries and branches in charge of general economic affairs and
recommend them to the Ministry of Foreign Affairs.
2. Besides criteria specified in
Article 5 of the Governments Decree No. 183/CP of November 18, 1994, investment
promotion cadres appointed to work at representative missions must fully
satisfy the following conditions:
a/ Having good moral and
political qualities;
b/ Having professional
qualification and thorough knowledge about Vietnamese foreign investment laws
and policies; and experience in foreign investment and management promotion;
c/ Being fluent in the language
of the host country or at least one universal foreign language which may be
used widely in the host country;
d/ Being physically fit.
3. The Ministry of Foreign
Affairs shall hold foreign language tests and train political and
foreign-relation skills for recommended cadres in order to appoint qualified
cadres.
4. The Minister of Foreign
Affairs shall consider and decide the appointment of diplomatic titles for investment
promotion cadres at the proposal of the Minister of Planning and Investment and
on the basis of actual working requirements, the payroll, capacity and code of
conduct of cadres in accordance with relevant provisions of law.
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In special cases, based in
working requirements and the opinions of the Minister of Planning and
Investment, heads of concerned agencies and heads of representative missions,
the Minister of Foreign Affairs may decide to extend this duration for no more
than 18 months.
V. MATERIAL FOUNDATIONS AND
FINANCIAL REGIME:
1. The head of a representative
mission shall arrange working places, accommodation and working facilities for
the Investment Promotion Section within the budget capacity of the
representative mission for the fulfillment of the Sections assigned tasks.
2. Annually, based on approved
work plans and programs, the Investment Promotion Section shall estimate a
budget for investment promotion activities in the host country and submit it to
the head of the representative mission for approval and inclusion in the
representative missions annual budget.
3. The Investment Promotion
Section shall comply with approved expenditure estimates and the representative
missions specific guidance pursuant to current regulations.
4. When investment promotion
activities need unexpected expenses beyond the approved budget, or the
Investment Promotion Section may use part of the approved budget for other
activities of the representative mission and shall report it to the head of the
representative mission for decision.
VI. OTHER PROVISIONS:
1. This Circular takes effect 15
days after its publication in CONG BAO.
2. Any problems arising in the
course of implementation of this Joint Circular should be reported by
representative missions to the Ministry of Foreign Affairs and the Ministry of
Planning and Investment for coordinated settlement.
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FOR THE MINISTER
OF FOREIGN AFFAIRS
VICE MINISTER
Vu Dung
FOR THE MINISTER
OF PLANNING AND INVESTMENT
VICE MINISTER
Nguyen Bich Dat