Circular 08/2014/tt-Bkhđt: Detailing A Number Of Articles Of Decree No. 216/2013/nd-Cp On December 24, 2013 The Government Organization And Inspection Activity Plan And Investment Industry

Original Language Title: Thông tư 08/2014/TT-BKHĐT: Quy định chi tiết một số điều của Nghị định số 216/2013/NĐ-CP ngày 24 tháng 12 năm 2013 của Chính phủ về tổ chức và hoạt động thanh tra ngành Kế hoạch và Đầu tư

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DEPARTMENT OF PLANNING AND INVESTMENT
Number: 08 /2014/TT-BKHT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 26, 2014

IT ' S SMART

Q Define some of the provisions of the Digital Protocol 216 /2013/NĐ-CP

December 24, 2013 Government of the Organization and

operation of the Planning and Investment Industry

__________________

Law Bar on November 15, 2010;

Base of Protocol 86 /2011/NĐ-CP September 22, 2011 of the Government rules the details and guidelines for some of the provisions of the Inspector Law;

Base of Protocol 07 /2012/NĐ-CP February 9, 2012 of the Government Regulation of the Authority is assigned to implement specialized inspection and specialized inspection activities;

Base of Protocol 116 /2008/NĐ-CP November 14, 2008 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Planning and Investment;

Base of Protocol 216 /2013/NĐ-CP December 24, 2013 Government of the Organization for the Organization and Operations Department of Planning and Investment;

On the recommendation of the Chief Inspector of Planning and Investment,

The Minister of Planning and Investment Board of Investment Regulations detailed some of the provisions of the Digital Protocol. 216 /2013/NĐ-CP December 24, 2013 Government of the Government of the Organization and Operations of the Planning and Investment Industry.

Vassa Uh ... - I

GENERAL REGULATION

Number one. Adjustment range

This information provides details of some of the following:

1. Professional inspectors in the overall field of economic development-social development.

2. Professional inspectors in the field of allocation, management and use of capital development capital.

3. Professional inspectors in the field of bidding.

4. Professional inspectors in the field of domestic investment, foreign investment and foreign investment.

5. Professional inspectors in the receiving, management and use of formal development assistance (ODA), the preferable source of funding of donors and foreign non-governmental aid.

6. Professional inspectors in the field of management and operations on the industrial zone, the economic zone, the store economy, high tech sector and other types of economic zones.

7. Professional inspectors in the field of business and business registration.

8. Professional inspectors in the field of cooperative cooperation, cooperative association.

9. Information Mode, Public Planning and Investment.

10. The specialized inspection content in the field of statistics is guided by its own regulation.

Article 2. Subject applies

This information applies to: State governing body; the head of state governing body of state; Chief Inspector of the Department of Planning and Investment; Chief Inspector of Planning and Investment; Chief Minister of the Department is tasked with implementing the Department of Planning and Planning. Investment; Chief Inspector, member of the inspection team, inspectors, who is assigned to the specialized inspection mission, the associate inspector of the Planning and Investment Sector; agency, organization, individual involved in the operation of the inspection of the Planning and Operations industry. Investment.

Chapter II

SPECIFY THE DETAILS OF THE INSPECTOR CONTENTS

PLANNING AND INVESTMENT.

What? 3. Regulation of specialized inspection content in the field of overall planning and economic development-social media

Inspection of the acceptance of the law regulations on the overall planning of economic development-society, including:

1. The implementation of the sequence, the planning procedure.

2. appraisal, planning approval.

3. The implementation of the funding regulation for public action, appraisal and planning approval.

4. The implementation of the regulation on conditions, content, approval regulation (if available).

5. The implementation of the planning, which includes: announced public planning approval; implementation of the planning implementation of the situation; progress on the program, project investment project; progress on the objectives and the master products of the process. Planning, inspection, surveillance, planning.

What? 4. Regulation of specialized inspection content in the field of allocation, management and use of investment capital development capital.

1. Inspects the acceptance of planning regulations, planning, investment capital layout, including:

a) The implementation of the regulation of capital investment capital planning conditions;

b) The implementation of the planning process, the presentation, approval, investment capital planning of development;

c) The implementation of the regulation of the investment capital planning deadline develops.

2. Inspects the acceptance of allocation regulations, management, use of capital development capital, including:

a) the implementation of regulation in allocation, capital investment;

b) The solution, the payment, the decision, the capital debt.

3. Inspects the acceptance of management regulations, carrying out the investment project, including:

a) The establishment, appraisal, approval of the investment project, including: Report of the Investing Proposal of Investment, Feasibility Research Report, Feasibility Studies Report; investment project; appraisal, investment project approval; investment decision; cost for the established public, aesthetic. the investment project; the investment project adjustment (if any);

b) The implementation of the investment project, including: planning, appraisal, appraisal and approval of design, accounting; cost for design consulting, accounting, inspection; signing work and contract execution management; enumeration, investment capital payment;

c) The end of the investment, which brings the investment project into the use of use, includes: the recovery, the investment project desk; management, exploitation and use of the investment project under the stated goal; warranty, maintenance and investment capital decision;

d) the implementation of the regulation of oversight, assessment of investment.

What? 5. Regulation of specialized inspection content in the field of bidding

1. Inspects the acceptance of the regulations in the set, appraisal, approval of the bid plan, the investor selection plan, the contractor selection plan, including:

a) The implementation of the regulation of sequence, procedure, authority, appraisal, appraisal planning, investor selection plan, contractor selection plan;

b) The implementation of the regulation on the content of the contractor selection plan, the investor choice plan;

c) The implementation of the regulation of bidding planning, investor selection plan, contractor selection plan (if any).

2. Inspects the acceptance of the regulations in the contractor selection, investor choice, including:

a) The implementation of the regulation of planning, appraisal and approval of the preliminary invitation profile, an invitation profile, the tender invitation profile, the required record;

b) The implementation of the assessment of evaluation, preliminary profile appraisal, case of interest, bids, proposal records, and approval of the result of the contractor selection, the result of an investor option;

c) The implementation of the regulation of time implementation of the bid, the project under the planning of the contractor, plans to choose the approved investor.

What? 6. Regulation of specialized inspection content in the field of investment in the country, foreign investment and foreign investment abroad.

1. Inspects the approval of the regulations on domestic investment, foreign investment, including:

a) The implementation of the state management of investments in investment, including: approx and public-public publication of the planning, plans are related to investment activity; implementing policies on investment incentives; stance and publication of the portfolio of projects that attract investment in the locality; advocacy and promotion of investment; registration of investment, examination and level of investment certification; adjusted, revoking investment certificates; the decision to end the investment project operation ahead of the deadline (if any); surveillance, surveillance, inspection, enforcement of the practice. currently regulations in the Certificate of Investment Certificate; implementation of the periodic reporting regime on the investment activity on the site;

b) The implementation of the project of investors, including: implementation of the prescribed investment activity in the investment registration text, Investment Certificate; the implementation of the project transfer, the investment capital transfer of the projects (if any); the implementation of the project. to suspend, implement progress, adjust the project (if any); implement a report mode on investment activity; implement the regulation of operational termination, liquoration, investment project recall.

2. Inspects the approval of the regulations on foreign investment, including:

a) The implementation of the state management of foreign investment in foreign investment, including: implementing regulations on conditions, sequencing, licensing procedures, regulation and recovery of the Certificate of Foreign Investment Certification; the receiving, rationing, regulatory, regulatory, and regulatory filings. recovery of the Certificate of Foreign Investment Certification; the implementation of the regulation of the degree of Certificate of Certificate of Foreign Investment;

b) The implementation of the project of investors, including: implementation of the regulations in the Certificate of Investment Certificate abroad; implementation of the investment project implementation; the implementation of the project transfer, the investment capital transfer of the projects (if any); indeed. currently the regulation of pause, expansion of the project execution process (if any); the implementation of the project's return on the profitability of the project to invest in foreign countries; the implementation of the provision of the investment project action report; the implementation of the liquorative procedures, the termination of the project. Your investment.

What? 7. Regulatory regulation of specialized inspection content in the receiving, management and use of official development assistance (ODA), the preferable source of funding of donors and foreign non-governmental aid outside the United States.

1. Inspects the acceptance of regulations in management, the organization that imples the program, the project using ODA, the preferable source of funding of donors, foreign government aid, including:

a) The implementation of the regulation on the form of program management, project;

b) The implementation of the mission and the powers of the governing body in management implementation of programs, projects;

c) The implementation of the mission and the powers of the program host, the project in management implementation of programs, projects;

d) The implementation of the mission and the powers of the Project Management Board;

) The deployment of the program, the project;

e) The end of the program, the project.

2. Inspects the acceptance of regulations in the monitoring and evaluation of the program, the project; the implementation of the reporting regime and providing information to the program, the project using ODA, the donor loan of donors, non-governmental aid, and the project. foreign countries, including:

a) The monitoring and evaluation of the program, the project of the governing body;

b) The monitoring and evaluation of the program, the project owner project, project;

c) The monitoring and evaluation of the program, the project management Board project;

d) The implementation of the information regime, the report on the situation of reception and the use of ODA capital and the preferable capital of the governing body, the program owner, project.

What? 8. Regulatory regulation of specialized inspection content in the field of management and operations on the industrial sector, the manufacturing sector, the economic zone, the store economy, the high tech sector and other types of economic zones.

1. Inspector of the adoption of regulations on the establishment, expansion of the industrial zone, the economic zone, the store economy, the high tech sector, other types of economic zones, including:

a) The implementation of the development of industrial zone development, manufacturing zone, economic zone, gateway economic zone, high tech sector and other types of economic zone;

b) The implementation of the regulation of established conditions, expansion of industrial zones, manufacturing zones, economic zones, gateway economic zones, high tech sector and other types of economic zones;

c) The implementation of the regulation of sequence, procedures, established records, expansion of industrial zones, manufacturing zones, economic zones, gateway economic zones, high tech sector and other types of economic zones.

2. Inspects the acceptance of regulations in investment building infrastructure infrastructure, economic zones, gateway economic zones, high tech sector, other types of economic zones by regulation at Clause 3 Article 4 of this Information.

What? 9. Regulatory regulation of specialized inspection content in the field of business and business registration

1. Inspects the acceptance of the regulations on establishment, business registration of enterprise types, the dependencies of business and business households, including:

a) For the Provincial Business Registry, the district level, including: the implementation of the regulation in the reception, the application of registration of registration records, changes in corporate registration content, Branch/Office of representative, business location, business, and business, and business. implement the regulation of the time of the Certificate of Enterprise registration, the Activity Certificate of the Branch/Office of the Representative, the Business Registration Certificate; the implementation of the provision of the filing of records, documents; the provision of registration information. enterprise; the aggregation of business registration results; the inspection of the operation of the business, Branch/Office. representative, business location and business side; the recovery of the Business Registration Certificate, Branch Certificate of Branch/Representative Office, Business Registration Certificate; the settlement of the complaint, petition, response, link, and support. work of the establishment, corporate registration, Branch/Office of representative, business location and business households;

b) For business, business households and affiliates/Office of representatives, including: prescribation of business registration content, Branch/Office of representative, business and business locations; the implementation of registration changes in corporate registration, passport, and business. business, Branch/Office of Representative (if available) by regulation; the implementation of the regulation on the founder of the business, the representative under the law; the hiring of the private business manager.

2. Inspects the acceptance of content in the Business Registration Certificate for Enterprise types, Business Registration Certificate for Business, including:

a) The implementation of the regulations on registration of the headquarters of the business and the business location of the business household;

b) The implementation of the regulation on the signage of the business, Branch/Office of representative, business location and business of business;

c) The implementation of the regulation of the capital contributions of the business, the capital contribution, and the level of certificates that receive the part of the capital;

d) The implementation of the regulatory regulation and retention of membership register, shareholder register;

The implementation of the regulation of business pause.

3. Inspects the approval of the regulations on the organization of the apparatus, management, operating the operation of enterprise types, including:

a) The implementation of the filing of records, documents and seals at the business headquarters of the business;

b) The establishment and operation of the Control Board (if any);

c) The implementation of the regulation of the sequence, the procedure that conducts the General Assembly meeting, the Board of Directors, the Member Council;

d) The appointment of the holder of the management titles, the Director (General Manager) of the business.

4. Inspects the acceptance of the rules of division, separation, merge, mergers, transformation, dissolution of enterprise types, including:

a) For the Provincial Business Registry, which includes: the acquisition, disposal, settlement of shared requirements, separation, merge, mergers, transformation, dissolution of enterprise types; the recovery of the Business Registration Certificate in the event of a new business. split, split, merge, merge, transform, dissolved;

b) For the business, including: the implementation of the sequence, procedures for the business dissolution; the announcement of an end to the business is divided, split, merge, merged.

5. Inspects the approval of the provision of the provision, the publication of the business registration information, including:

a) For the Provincial Business Registry, the district level, which includes: construction of construction, management, operation of the National Enterprise Information System, Business Information Systems on the site; the provision of information about corporate registration, business, and business. Business when you have a request;

b) For the business, including: the implementation of the provision of the provision of business registration content information to the Business Registry by regulation; the implementation of the regulations on the publication of the business registration content on the Business Portal Information Portal country; the implementation of business pause regulations, corporate dissolution, operational termination of branch, representative office, business location; the implementation of the announcement when leasing business to private enterprise.

What? 10. Regulation of specialized inspection content in the field of cooperation, social cooperation union, and

1. Inspects the acceptance of the provisions of capital, establishment, registration, change of cooperative registration content, cooperative association, including:

a) For the District Business Registry, which includes: the implementation of the regulation in the reception, the solution of the resolution of the cooperative registration case, the cooperative association; the implementation of the regulation of the licensing of the registration of the cooperative registration, the association. work; the copy of the file, document; the provision of cooperative registration information, cooperative association; the aggregation of cooperative reporting results, cooperative association; the registration of the Office of representatives, branches, and business venues of the partnership. Communes, the cooperative association; the changing of the registered content of the cooperative, the cooperative association (if any);

b) For the cooperative, the cooperative association, including: the implementation of the census content register, the cooperative association; the implementation of the naming process, the symbol of the cooperative, the cooperative association; the implementation of the regulation of content manifest. register of the Office of Representative, branch and business location of the cooperative, the cooperative association; the prescribation of the registration content of the cooperative, the cooperative association (if any); the public information of the cooperative information, the cooperative association, the Office of the Ministry of Work. Representative room, branch and business location.

2. Inspector of the approval of the conditions on condition of becoming a cooperative member, the cooperative association, including:

a) The implementation of the regulation of reloading, termination of cooperative membership, member cooperation;

b) The establishment and operation of the Control Board;

c) The implementation of the sequence, the procedure to conduct the General Assembly.

3. Inspects the acceptance of the provisions of division, separation, merge, mergers, cooperative dissolution, cooperative association, including:

a) For the District Business Registry, which includes: the reception, guidance, handling, settlement of the division requirement, separation, merge, merger, cooperative dissolution, cooperative association, cooperative association; the recovery of the cooperative registration certificate, the association of the contract. work in the case of split, separation, merge, mergers, dissolution;

b) For the cooperative, the cooperative association, including: the implementation of the sequence, procedure of dissolution; the announcement of the termination of the existence of the cooperative, the association of divided communes, split, merge, merged.

What? 11. The request for the inspection object to report

A request for the Inspector of the Report to be issued by Appendix I issued to this message.

Chapter III

THE INFORMATION REGIME, THE INSPECTION REPORT SPECIALIZED IN THE PLANNING AND INVESTMENT INDUSTRY

What? 12. Regulations on the Submission of Professional Inspector and Investment

1. The inspector conclusion of the professional inspection conducted by the Inspector of Planning and Investment Department must be sent to the Minister of Planning and Investment, Inspector General of Government, the Inspector General, the Chief Administrative Authority of the Inspector of the Inspector. (if any) and agency, organization and individual are involved.

2. The inspector conclusion of the specialized inspection conducted by the Inspector of Planning and Investment Department must be sent to the Director of Planning and Investment, Inspector of Inspector, Direct Management Authority of the Inspector (if present) and the agency, the organization of the organization. And the individual is involved.

3. The inspector conclusion of the specialized inspection conducted by the General Directorate of Statistics must be sent to the Inspector of Planning and Investment, the object of inspection, the Chief Administrative Authority of the Inspector of the Inspector (if any) and agency, organization and fish. Yes, I'm concerned.

4. The inspector conclusion of the specialized inspection conducted by the Bureau of Statistics must be sent to the General Directorate of Statistics, the Inspector of the Inspector, the Head of the Direct Management of the Inspector of the Inspector (if any) and the agency, organization, and individual are involved.

What? 13. The regulation of the inspection report specialized in planning and investment

1. Report responsibility:

a) The Planning and Investment Department is responsible for reporting the Department of Planning and Investment Planning and the results of the implementation of the Inspector General of Planning and Investment;

b) Inspector of the Ministry of Planning and Investment is in charge of aggregation, reports the Minister of Planning and Investment, Inspector General of the Government of the situation and the results of the implementation of the inspection of the Department of Planning and Investment.

2. The types of reports, the period of sampling and the deadline to submit the report:

a) The First Quarter Report for the period from 10 December of the previous year to March 9 of the year of reporting; sent on Inspector of Planning and Investment before March 15 of the year of reporting;

b) The 6-month preliminary report for the period from 10 December of the previous year to June 9 of the year of reporting; sent on Inspector of Planning and Investment before June 15 of the year of reporting;

c) The 9-month report for the period from 10 December of the previous year to 9 September of the year of reporting; submitted to the Inspectra of Planning and Investment Department before 15 September of the year of reporting;

d) The annual general report for the period from 10 December of the previous year to December 9 of the year of reporting; sent to the Inspectra of Planning and Investment Department before December 15 of the year of reporting.

3. Proposition, the periodic report manifold on the inspection of the Inspector of Planning and Investment in accordance with Appendix II and Appendix III issued with this message.

What? 14. Regulation of the inspection report of the inspection, resolution of complaint, denounce, prevention, anti-corruption

The agencies implementing the function of the inspection of the Planning and Investment Department implement the inspection regime report, addressing the complaint, denouncing, in the chamber, against corruption by regulation at the Digital Information Act. 03 /2013/TT-TTCP June 10, 2013 by the Government Ombudman on the State Department for the report of the report, addressing the complaint, denouncing, in the chamber, against corruption.

Chapter IV

EXECUTION CLAUSE

What? 15.

It has been in effect since 15 January 2015.

What? 16. Organization to execute

1. The agencies, units, individuals of the applicable object and organizations, individuals are involved in the responsibility of the practice.

2. Inspector of the Department of Planning and Investment is responsible for tracking, testing, and evaluating the implementation of this Information.

3. In the course of execution if there is an entanging, organization, unit, individuals send opinions on the Ministry of Planning and Investment to review, resolve ./.

Minister.

(signed)

Hallelong