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THE
PRIME MINISTER OF GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
19/2001/CT-TTg
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Hanoi,
August 28, 2001
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DIRECTIVE
OF THE PRIME MINISTER
ON ORGANIZING THE IMPLEMENTATION OF THE GOVERNMENT�S RESOLUTION No.
09/2001/NQ-CP OF AUGUST 28, 2001 ON FURTHER ATTRACTING AND RAISING THE
EFFICIENCY OF FOREIGN DIRECT INVESTMENT IN THE 2001-2005 PERIOD
In order to materialize the Government’s Resolution
No. 09/2001/NQ-CP of August 28, 2001 on further attracting and raising the
efficiency of foreign direct investment in the 2001-2005 period, the Prime
Minister hereby instructs the ministries, the ministerial-level agencies, the
agencies attached to the Government and the People’s Committees of the
provinces and centrally-run cities (hereafter called the ministries and the
provincial-level People’s Committees) to perform the following tasks:
1. The Ministry of Planning and Investment shall
assume the prime responsibility in elaborating the following projects:
- The project on elaboration and finalization of
legal documents on foreign direct investment, which is carried out along the
direction of creating a legal ground and major policies for domestic investment
and foreign direct investment;
- The list of national projects calling for
foreign direct investment in the 2001-2005 period.
In 2001, the Ministry of Planning and Investment
shall submit to the Government and the Prime Minister:
- The project on broadening the attraction of
foreign direct investment; the experimental conversion of foreign-invested
enterprises into joint-stock companies; the amendment of a number of
stipulations for speeding up the formation and implementation of BOT projects;
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- The Regulation on coordination in the
management of foreign direct investment activities, including the establishment
of an inter-branch working team to systematically revise all permits and
stipulations relating to foreign direct investment, annul unnecessary permits
and stipulations, and build up the ‘one-door, one-coordinator’ management
mechanism at central and local levels.
2. The Ministry of Trade shall promulgate the
regulations on foreign direct investment in the domains of import service and
domestic distribution service according to the Government’s Decree No. 24/2000/ND-CP
of July 31, 2000 detailing the implementation of the Law on Foreign Investment
in Vietnam; submit to the Government the project on shortening the list of
goods not purchased for export by foreign-invested enterprises.
3. The Ministry of Construction shall submit to
the Government the draft decree amending and supplementing the Government’s
Decree No. 60/CP of July 5, 1994 on dwelling house ownership and residential
land use right in urban areas and Decree No. 61/CP of July 5, 1994 on purchase,
sale of and dealing in dwelling houses.
4. The Ministry of Education and Training, the
Ministry of Science, Technology and Environment and the Ministry of Labor, War Invalids
and Social Affairs shall guide the implementation of the Government’s Decree
No. 06/2000/ND-CP of March 6, 2000 on investment cooperation with foreign
countries in the domains of medical examination and treatment, education and
training as well as scientific research.
5. The Government Pricing Committee shall submit
to the Prime Minister the project on the adjustment of prices and charges to
the common level for domestic and foreign investment; announce the prices and
charges which can be uniformly applied right in 2001.
6. Vietnam Electricity Corporation shall
complete before June 2002 the refund to foreign-invested enterprises of the
conformable and actual capital amounts already spent by them on the
construction of electric projects outside their perimeter.
7. The State Bank of Vietnam shall:
- Elaborate the project on reforming the monetary
policy relating to foreign direct investment activities;
- Promulgate in 2001 the regulations guiding the
implementation of the Government’s decrees on loan security, pledge, mortgage
and guarantee for foreign-invested enterprises in order to create favorable
conditions for them to borrow credit capital at credit institutions operating
in Vietnam;
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8. The Ministry of Finance shall:
- Elaborate the project on reforming the tax
system relating to foreign direct investment activities;
- Promulgate in 2001 the policy on encouraging activities
of foreign investment funds operating in Vietnam, and the regulations on tax
declaration and payment and final tax settlement based on the auditing results.
9. The General Land Administration shall
complete in 2001 the guidance on granting the land use right certificates for
enterprises in industrial parks and export processing zones; elaborate the
research project for permitting individuals to experimentally sublease land to
foreign investors; guide the handling of land contributed as capital to joint
ventures in case of bankruptcy, dissolution or conversion of investment forms.
10. The Ministry of Justice shall promulgate in
2001 the documents guiding secured transaction registration and establish a
national agency for secured transaction registration; assume the prime
responsibility for revising documents and stipulations relating to foreign
direct investment, which have been issued by ministries or provincial-level
People’s Committees in order to overcome any overlapping or contradiction among
documents or stipulations, as well as to annul inappropriate stipulations.
11. The ministries and provincial-level People’s
Committees shall make lists of projects calling for foreign direct investment
of the ministries, branches and localities, reach agreement with the Ministry
of Planning and Investment thereon and announce them in 2001 for use as basis
for investment mobilization and promotion; simplify and make public the
administrative procedures relating to foreign direct investment.
12. Economic and technical ministries and
branches shall work out, adjust and announce their branch plannings and major
products in the first 6 months of 2002, which clearly determine the domestic
capital source, ODA capital and foreign direct investment capital for use as
basis for determining the investment undertakings.
13. The investment licensing agencies shall
regularly revise and classify foreign direct investment projects already
granted the investment licenses in order to promptly remove difficulties and
support projects so that they can soon operate and conduct business with
efficiency.
For projects which are deemed feasible though
they are not materialized yet, the Ministry of Planning and Investment shall
coordinate with the concerned ministries, branches and provincial-level
People’s Committees to take initiative in exchanging ideas with investors to
accelerate the implementation within a given period of time and settle problems,
including the adjustment of the project’s objectives and operation scale.
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The Ministry of Finance shall arrange funding
for investment promotion activities within the annual budget of regular
spendings of the ministries, branches and localities.
15. In 2001, the Government Commission for
Organization and Personnel shall work out the Regulation on Vietnamese
officials’ participation in the Managing Boards and in the management of
joint-venture enterprises; the Ministry of Education and Training shall assume
the prime responsibility for elaborating the project on organization of
training of officials engaged in the work of foreign direct investment; and the
Ministry of Labor, War Invalids and Social Affairs shall assume the prime
responsibility for elaborating the project on job training for foreign-invested
enterprises.
16. The Ministry of Planning and Investment
shall coordinate with the Government Office in monitoring and summing up the
implementation of the Government’s Resolution and this Directive in order to
promptly report to the Prime Minister on the projects relating to the
implementation of this Directive.
17. 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 provinces and
centrally-run cities shall organize the strict and full implementation of this
Directive. Any problems arising beyond their respective competence should be
reported to the Prime Minister for consideration and direction of
implementation.
PRIME MINISTER
Phan Van Khai