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Resolution 13/nq-Cp: About Disambiguation, It Solution To Attract And Manage Foreign Direct Investment In Time To

Original Language Title: Nghị quyết 13/NQ-CP: Về định hướng, giải pháp thu hút và quản lý vốn đầu tư trực tiếp nước ngoài trong thời gian tới

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In two days of Feb. 3 and 4, 2009, the regular session meeting of the Government to assess the socio-economic situation in January 2009 and promote solutions, enhancing economic development. The Government was discussions, reviews the work of attracting and managing foreign-invested (FOREIGN) in Vietnam last time and agreed on a number of orientation and basic solutions for the next year.

I. FOREIGN SITUATION in 2006-2008 the X Congress of the Communist Party has defined the goal striving for growth of domestic products by an average of 5 years 2006 – 2010 is 7.5%-8%, 8% level to strive; an investment of the whole society reached about 40% of GDP. To achieve this goal, the total capital investment in development of the whole society should mobilize is about 160 billion dollars, of which FOREIGN-need about 25.1 billion, an average of over $ 5 billion each year. In the first three years of the five-year plan period 2006-2010, FOREIGN-increased strongly in both capitals made and registered capital. Compared with the targets set for the whole 5-year period 2006-2010, registered capital has reached 97.6 billion dollars, exceeding 77.4%; which made has reached about 23.6 billion USD, with 94.4% of the target.

FOREIGN sector additional funds were important for development and investment increasingly more positive contribution to the process of restructuring and economic growth in Vietnam. The proportion of FOREIGN-economic sector in GDP continued to increase through the year, from 17.02% in 2006 (compared with 15.99% in 2005), up 17.66 percent in 2007; at the same time, bringing the rate of investment in the whole society up level on average 45% of GDP in the first three year plan 2006-2010. in the export activities of FOREIGN-economic area, hold the key position, accounted for 44% of the total export turnover of the country in 2008, up 24% from the same period in 2007. In 2006-2008, FOREIGN-INVESTED enterprises had created 370,000 jobs added, filed the State budget of about $ 5 billion. The legal system regulating the Organization and operation of enterprises and FOREIGN-INVESTED projects is increasingly being perfected, economic regulatory policy flexibility, efficiency; the Central and local authorities have been actively and more active in attracting and managing FOREIGN-by many measures towards reducing administrative procedures, support, create favorable conditions for investors in the project, making Vietnam still is where the power of FOREIGN professionals.

Despite the encouraging results outlined above, song of FOREIGN practices in Vietnam in the past continues to reveal many of the limitations of the investment environment, even the face also becomes more sharply before strong growth, innovative turn of invested resources into Vietnam. Still the situation is still the lack of sync, not consistency between the provisions of the General Law on investment, business and law; territorial planning, occupations, sectors, products and still lacking, in particular in the context of the radical divisions of licensing and investment management on the local, leading to the General imbalance condition; the weakness of the system infrastructure outside the fence are as psychologically disturbing factors for investors; shortage of trained manpower, particularly technical workers and engineers; the recovery of land compensation, relocation, clearance status, in violation of the law on environmental protection. Some new problems arise that are starting to have a negative impact on the investment environment, limit the ability to attract and use the investment capital of the economy.

The world economic crisis and will make global invested resources were shrinking and directly affects Vietnam in the coming time. Transnational corporations (Communist Youth) has adjusted business strategies to deal with difficult from this crisis. This leads to many FOREIGN projects have been licensed are likely to chill the progress, narrowed the scale, or not made, making the rate of foreign made compared with registered capital decreased compared with the previous year. Potential investors intending to invest in Vietnam will have to consider more thoroughly, take more time to decide on investment; the Bank also did not easy lending decisions in the context of the general difficulties of the entire world economy.

Reality-based, general duties in FOREIGN Affairs in the coming period is the focus of overcoming the present existence of the investment environment, limited to the lowest level the impact of the world economic crisis to take advantage of the opportunity to attract FOREIGN, contribute to achieving the goal to contribute to the economic growth , ensuring social security and environmental sustainability.

II. Orientation, REQUIRES ATTRACTING and MANAGING FOREIGN-awareness advocates for strengthening the attraction and management of invested was confirmed at the second National Party Congress is: "strengthen the attraction of foreign investment capital, striving for on 1/3 of the total development investment capital in the whole society in 5 years (2006-2010). Expand the field, and form attracts FOREIGN direction, into the potential market and the world economy, creating a strong turnaround in number and quality, the effect of foreign direct investment ".

-Attracting foreign investment oriented and selectively into important areas: technology; ancillary industry; infrastructure development and human resource development; the processing of agricultural products, development of the difficulties, agriculture and the countryside; saving and efficient use of resources, energy saving; the service sector has a higher value; the proportion of large export sectors; the branches have the meaning of the social security administration (pharmaceutical industry, hospital and vac-please, biological), ensuring national security and the environment...-the provisions of the law on business, investment, land, construction, business and specialized legal texts must be reviewing, unified in sync; the system of rules on investment conditions and specialized business must be built in full and publicize to the transparency standards, market access conditions, conditions of production or business; check the climate mechanisms, monitoring, project management of FOREIGN-investment law 2005 and Decree 108/2006/ND-CP must be formulated and enacted to create the basis for the State regulators enforce the management function, checking, monitoring.

-Planning and management must be regulated and adjusted in a legal text grants Act, to avoid imbalance situation, rampant license, redundant, wasteful, low investment efficiency in the context of licensing and investment management was devolved on the local.

-The elements of infrastructure conditions hinder to FOREIGN activities should be focused to resolve such as: System infrastructure, in addition to the fence, electric, water supply systems, roads, sea ports; the stability of energy supply, clearance work, ...-focus on solving difficult human resources service for the large-scale FOREIGN projects, particularly the shortage of trained human resources; the backward in the training program of education and training establishments, vocational schools; the prevention and resolution of labour disputes in order to limit the strikes may occur.

-Investment promotion work should be innovative, quality improvement and should be governed by a legal text to create a uniform legal basis for State management, coordination and implementation of this activity.

-State management, coordination between central agencies, between Central and local levels need to be enhanced, associated with the functions, duties and responsibilities of each agency. Construction of the mechanism of reporting to General information, timely reviews of the situation to propose the solution of effective Government.

III. IMPLEMENTATION SOLUTIONS To continue to attract and manage FOREIGN capital in the coming time, the ministries, the local implementing organizations need the urgent solution of the following: 1. Group Policy solution investment attraction a) solution: continue to scrutinize the law, investment policy business, to modify the content, lack of consistency, addition of missing content; modify the rules any longer, not clearly related to the investment and business procedures.

-Enact incentives to encourage investment in the fields of urban development, developing technical infrastructure (water supply, urban environment ...), the development of social housing and housing for low income people; welfare building (houses, hospitals, schools, culture, sport) for workers employed in industrial zones, export processing zones, hi-tech zone, the economic zone; investment projects in the field of agriculture and rural development.

-Implementation of measures for boosting disbursements; not to license the technology projects backward, bad impact on the project on the environment; examine carefully the projects using multiple conditional land according to the progress of the project; considerations on the rate/investment land, including land in industrial zone. Check the certification projects of investment in the country to have treatment for each type of project.

b) assigned tasks:-Assigned the Ministry of planning and investment: + host, in cooperation with the ministries and local reviewing the rules overlap, coordination between the ministries in the process of policy formulation relating to investment; propose solutions to overcome, the Prime Minister in the third quarter of 2009.

+ Hosted, in cooperation with the ministries and localities continue to scrutinize FOREIGN projects have investment certificates on the nationwide, on the basis of which the support measures, removing focus and create conditions for the early deployment of the project; revocation of the certificate of the investment for the project is not capable of implementing.


Presiding over the establishment of interdisciplinary task with the participation of the ministries related to investment promotion and boost disbursements of large-scale projects: research, propose measures for the timely handling of problems arising in the process of implementing FOREIGN projects; recommending specific policy mechanisms applied to large scale projects of importance for the economic development of the local industry and the Prime Minister to review the decision.

+ Hosted, in cooperation with the ministries involved in research, the Prime Minister issued in the third quarter of 2009 on the incentives encouraged investment for the project to build the welfare buildings (houses, hospitals, schools, culture, sport) for workers employed in industrial zones export processing zones, hi-tech zone, the economic zone;

+ In the third quarter of 2009, issued regulations on the regime of FOREIGN reports about replacing circular No. 01/1997/TTLT-BKH-GSO of the Ministry of planning and investment and the General Department of statistics reported mode of foreign-invested enterprises.

Ministry of finance-delivery: host, in cooperation with the ministries involved in research, the Government issued in the third quarter of 2009 on the incentives encouraged investment for projects processing agricultural products in the region Centre, underdeveloped economic region by category by the Ministry of agriculture and rural development announced. For the application project of science and technology and manufacturing, business to create more added value for products and environmental protection (according to resolution No. 23/2008/QH12 11-06-2008 by Congress on the plan for socio-economic development in 2009).

-Industry: hosted, in cooperation with the Ministry of finance and other ministries involved in research, the Government issued in the third quarter of 2009 on the mechanism and policies to mobilize social resources to developing the auxiliary industry, processing industry tied to large investment projects from sources of foreign direct investment according to resolution No. 23/2008/QH12 day November 6, 2008.

-Ministry of construction: study and proposals submitted to the National Assembly the Prime direction amending and supplementing a number of content related to construction Law construction in the process of certification of investment as the basic design in the application for investment certificates (for the project to be built) ... create favorable conditions to attract good resources; propose solutions to overcome those obstacles in mobilizing private capital into the real estate sector. The Prime Minister in the third quarter of 2009.

-Ministry of natural resources and environment: + host reviewing and amending and supplementing the provisions on sanctioning administrative violations in the field of resources and the environment; hosted, in cooperation with the Ministry of Justice, the Government Inspector and the ministries involved reviewing the proposed amendments, supplements the text of laws such as the Criminal Law, the Ombudsman and other text processing in the field of resources and environment of the Prime Minister in the third quarter of 2009.

+ In collaboration with the Ministry of planning and investment and local authorities strengthen inspection, test, handle cases of improper land use purpose, not the effectiveness of the investment projects were licensed.

-The Ministry of science and technology: review, assessment of the level of technology is being applied in the foreign-invested projects, propose measures to attract investment in the high technology sector.

-Committee provincial, city in Central: + directed the Agency staff of the local coordination with The specialized agency, proceed cautiously when considering undertaking the certification for the investment project on the area on the way : technology, implementation capacity, the risk of environmental pollution, ... especially note the scale of capital projects for the rational use of resources such as land, mineral ... on a consistent basis with the socio-economic development plan of local society, land use planning has been approved , planning and sector strategy development department in order to ensure effective use of resources and efficient as well as promote the advantages to sustainable development.

+ The direction the agency administered, monitoring closely the process of implementation of the project; the delivery of the land must be conducted according to the progress of the project; proceed right to the land and the recovery procedure to revoke a certificate of investment for the project is not likely to deploy or not yet have plans to use most of the land was allocated to switch to new investment projects more effectively. At the same time, within the scope of his authority, celebrated the release of land and compensation for the owner in accordance with the commitment, especially on large-scale projects that investors willing to disburse project implementation.

+ United with Ministry of natural resources and environment, Ministry of planning and investment, Ministry of finance, Ministry of agriculture and rural development to enact regulations on minimum investment/power ha for the investment project that requires the use of large land, especially agricultural land specializes in rice cultivation.

+ The proposal with the Ministry of planning and investment and the Ministry of industry, related process matters beyond his competence, to sum up the Prime Minister's report.

2. a planning solutions Group) solutions:-doing well construction planning and management planning, especially master plan for socio-economic development, territorial planning, land use planning, sectoral planning and details the main products; review and adjust as appropriate and timely for the obsolete planning; have specific plans to implement the approved plan.

-Widely published the master plan has been approved, speeding the clearance for the project; review, test, adjust land use planning in an effective manner, especially for coastal provinces to ensure that economic development and environmental sustainability.

-Holds and uniform implementation of the provisions of the law on investment in planning, ensure the construction of key product, field, consistent with the international commitments, national defense, security assurances.

b) assigned tasks:-Assigned the Ministry of planning and investment: + host, in cooperation with the ministries and agencies involved in research, the Government project Law construction projects planned for the Congress to look through in 2010-2011.

+ Hosted, in cooperation with the ministries, local review to supplement the lack of planning, adjustments to the plan. Your completed report in the fourth quarter of 2009.

-Delivery of the professional manager and the local: proactively reviewing the planning of social-economic development, land use planning, sectoral planning, field, products, supplements or adjustments to the competent bodies adjust, additional time, meet the needs of economic and social development of the country.

-Ministry of agriculture and rural development: + announced the list of projects in the fields of agriculture, forestry and fisheries, especially in areas far from the Centre, the less developed economy, ... need to attract foreign priority in the period to 2020, the Prime Minister in the third quarter of 2009.

+ Research, propose solutions to prevent farmers arbitrarily break the contract to provide the raw materials for the agricultural processing plant, the Prime Minister in the third quarter of 2009.

-Delivery of the Ministry of culture, sports and tourism: publication of the list of projects to attract FOREIGN-in the field of tourism, particularly the national tourism zone, the General and specialized do impetus for tourist development of the tourism potential; propose incentive measures, encouragement, support for investment projects in the tourism sector, the Prime Minister before July 2009.

-Industry: publication catalog industry projects, energy, mineral, ... need to attract foreign priority in the period to 2020; completed in the fourth quarter of 2009.

-Ministry of information and Communication Media: hosted, in cooperation with the Ministry of industry, the local planning of information technology infrastructure-communication in the overall planning of the economic infrastructure of the society; proposed solutions to improve the effectiveness of the work of coordinating the planning of information technology infrastructure-communication with other infrastructure sectors.

3. Resolution on improving infrastructure, a) The solution:-conduct a total review, adjustment, approval and publication of the planning of infrastructures by 2020. The maximum advantage of the resources to invest in infrastructure development, particularly outside the capital in the State budget; the priority fields, drainage, sanitation (handling of solid waste, wastewater, ...); the system of bridges and highways, first North-South economic corridor, two Vietnam-China; improving the quality of rail services, first of all is the North-South high speed rail, two economic corridors Vietnam-China rail connections, the large port clusters, large mineral deposits with national rail system rail, the city of Hanoi, Ho Chi Minh City; the production and use of electricity from new energy such as wind, tidal, thermal energy from the Sun; the project fields of telecommunications, information technology.

-Strengthen the competitiveness of the port system in Vietnam; calling the port capital of the sector as Hiep Phuoc port system-cloth, A Creek District, ... b) assigned tasks:-Assigned the Ministry of planning and investment: + host, in cooperation with the Ministry of construction, Ministry of transport and the ministries, local relevance of reviewing, adjusting , approved and announced the planning of infrastructures by 2020, the previous Government in October 2009.

+ Hosted, in cooperation with the ministries, local research, proposed the policy of cooperation State-private investment in infrastructure development (P.p.p.s method) in 2009.

-Industry:


Reviewing the situation of power supply for FOREIGN businesses, the project needs to use large, industrial-focused reviews and ability to propose solutions to ensure a stable power supply for production and business, including measures to mobilize funds for power development.

-The Ministry of transport and Communication: review of transportation projects to attract FOREIGN priority and preparing the investment procedures needed to call foreign; in collaboration with the Ministry of finance and the agency recommended the preferential policies for the very large investment projects, the ability to payback difficulties such as: railways, ports, highways, high-speed rail, reported the Prime Minister in the fourth quarter of 2009.

-Ministry of construction: hosted, in cooperation with the ministries and local modification, perfecting the regulations on housing construction, urban, business, real estate business, the Prime Minister in the third quarter of 2009.

4. Human Resource Solutions Group a) solutions:-improve the legal documents on cooperation in the field of education and training, creating favorable conditions for attracting of FOREIGN-trained workers in the level, contributes to the implementation of educational strategies targeting the period 2001-2010 is to raise the proportion of trained workers reach 40%.

-Study of adjusting labor restructuring according to the pace of economic restructuring; improve labor, especially for farmers who recovered ground production to delivery to the project.

b) assigned tasks:-delivery of Ministry of education and training;

-Host complete draft decree amending, supplementing or replacing the Decree No. 6/2000/ND-CP, Decree No. 18/2001/ND-CP and Decree No. 165/2005/ND-CP towards the delineation of the types of training have foreign elements, which make it clear what the procedure would be required under the law on investment the procedures, which are characteristic for the education sector, since it has specific guidelines regarding criteria, conditions, processes, active organization established and managed in accordance with the provisions of the law apply to each type of institution, the Prime Minister in the third quarter of 2009;

-Organize training, guidelines for the management of education and training to perform the State management in the assessment, monitoring, late check out for the training institutions have invested.

-Ministry of labour, invalids and Social Affairs: + host, in cooperation with the ministries to implement the tasks assigned by decision No. 1130/QD-TTg dated April 18, 2008 the Prime Minister's issuance plans implementing Directive No. 22/CT-TW on June 5th, 2008 by party central secretariat on strengthening the leadership directing the building of harmonious labor relations, stability and progress in the business, which focuses on the solution to limited strike occurs not in the right order and law.

+ Made drafting the labor code (revised) and the solutions put in labor law to life through strengthening inspection, inspectors and dissemination, advocacy in labor law for workers and employers.

+ The project "innovation and vocational development period 2008-2020" and "labour supply to meet the demand of human use of the business and foreign investors", a special note to the training of the professions are currently labour shortages and training in the area of industrial parks , large projects have a high demand on the number of workers, vocational conversion for farmers when the recovered land investment project.

-Committee provincial, city in Central: + focus basic status resolution strike happens not according to the order of the law on the management.

+ Direct the professional bodies and the local authorities promote the propaganda, the popular labor law for the employees, the employers; strengthen inspection, checking the observance of labour law of local businesses.

5. Resolution on work coordination in the management of the State for the operation of FOREIGN-a) The solution:-close collaboration between the Central and local in the licensing and management of foreign investment projects.

Strengthen the training of FOREIGN managers; strengthening enforcement and effective State management of FOREIGN of the function body.

-Conduct the summative evaluation, the decentralization of State management of FOREIGN operations for the last time, detect the inadequacies, timely adjusted and supplemented accordingly.

b) assigned tasks:-Assigned the Ministry of planning and investment: on the basis of reviewing, summarizing, evaluating the situation in State management divisions for FOREIGN activities, hosted, in cooperation with the ministries and local research, suggested the Prime Minister issued the text of the provisions of regulation coordination between Central and local management in foreign investment activity. The Prime Minister in the fourth quarter of 2009.

-The ministries involved assessment project; responsibility to reply within the time limit prescribed in the Decree 108/2006/ND-CP; at the same time responsible for the content of the assessment function, duty and authority of the Agency; especially the content of the planning, land, environment, technology, must satisfy the conditions prescribed by the law, ... as the basis for State management bodies at the local level investment certificate for the project.

-Ministries and agencies: finance, industry and commerce, the State Bank and the provincial people's Committee has the responsibility of fast reports, monthly information updates about the situation of receiving certification, and capital investment made by the FOREIGN-INVESTED project in the scope of the authority of the Ministry of planning and investment and the quarterly , 6 months and a year, reviews of local investment activities to propose suitable solutions for the foreign-invested sector.

6. Group solutions for investment promotion: a) The solution:-research, policy proposals and mobilization, attracting investment for multi-national corporations as well as having a separate policy for each group and key partners such as the EU Member States, the United States, Japan ,…; focusing and speeding up the negotiation of bilateral investment agreements between Vietnam and the major partners.

-Complete the construction of detailed information about the project (project profile) for national portfolio called for foreign investment in the period 2006-2010 to underpin the call for investors; list building to call for foreign period 2011-2015 and subsequent years.

-Organize surveys, research and build models of investment promotion agencies at Central and local levels; build legal documents about the work of investment promotion and to create legal consistency in State management, coordination and implementation of investment promotion activities.

-Implementation of the programme of the national investment promotion period 2007-2010. The quick deployment of the establishment of the investment promotion Division in some key areas. Continue to combine investment promotion activities during the visit and work in the country's leadership.

Strengthen the training of officials working on investment promotion.

b) assigned tasks:-Assigned the Ministry of planning and investment: + construction, the Prime legal text about investment promotion work towards enhanced governance for investment promotion work and detailed coordination among agencies in the work of investment promotion; building investment promotion strategy in the long term and have depth. The Prime Minister in the third quarter of 2009.

+ Research trends and investment strategies of some partners have the potential to have actively lobbied the FOREIGN houses, creating a strong turnaround on the number and quality of foreign direct investment. The report of the Prime Minister in the third quarter of 2009.

+ Do clue management, coordination of investment promotion activities at home and abroad (including the representative offices overseas investment promotion).

+ Instructions forms, content information to the local branches of building unity "project profile" for the foreign-invested projects, as the basis of investment mobilization; hosted, in cooperation with the ministries, local construction project list countries invested call the period 2011-2015, the Prime Minister issued in 2010.

+ Fostering organization, training; cooperation with the agencies and foreign organizations, training for the staff working on investment promotion.

-Ministry of Foreign Affairs: the quick deployment of the establishment of the investment promotion Division in some key areas. In coordination with the ministries concerned (the Ministry of finance, the Ministry of planning and investment, ...) to urgently improve the procedures and conditions related to the establishment and operation of investment promotion Division in some key areas as Prime direction in writing of 103/TB-VPCP on May 9th, 2007 Government notices Office of the conclusions of Its General Government on the project of strengthening the promotion of FOREIGN parts in a number of key areas and circular No. 01/2008/TTLT-BKH-BNG on 17th March 2008 of the Ministry of planning and investment – the foreign deployment guide promotion of FOREIGN parts in a number of key areas.

-Delivery of the ministries and the provincial people's Committee: + continue reviewing, updating the category addition called match the investment needs and the planning of local development, industry, sector, product.

+ Actively implement building detailed information about the project (project profile) for the project by the local industry, the proposal has been approved by the Prime Minister's decision No. 1290/QD-TTg dated 26 September 2007 issued catalog of FOREIGN-call national phase 2006 – 2010, submit to the Ministry of planning and investment in June 2009.

7. A number of other solutions


a) focus to successfully implement the project to simplify administrative procedures on the State management sector period 2007-2010-task focus, breakthrough the Government's administrative reforms from now to the end of 2010 – to further attract FOREIGN.

b) continue to improve the effectiveness of the prevention of corruption, the corruption situation and negative disturbances for investors. High personal responsibility in handling the work, practice thrift, against waste in the State administration.

c) deployment of good building management system of FOREIGN information by decision No. 43/2008/QD-TTg dated 24 March 2008 by the Prime Minister, ensure information management.

d) effective implementation of the joint initiative programme Vietnam-Japan-phase III; continue the positive cooperation with the Agency, foreign organizations in the XTĐT and business support project.

DD) maintain regular dialogue mechanisms between the Government, the ministries with the investors, especially the annual business forum to timely handling the difficulties and obstacles in the process of implementation of existing laws and policies, to ensure the efficient operation of the project , in order to further strengthen the confidence of the investors for the business investment environment in Vietnam, spread effect and create a positive impact to new investors.

e) strengthen inspection, inspection: according to functions and duties, the Government Inspector, the ministries, the local plan to strengthen inspection, checking for compliance with the provisions of FOREIGN legislation, policy in General and the implementation of the resolution of the Government.

The Ministry of planning and investment has responsibility, in collaboration with the Office of the Government, the ministries and the provincial people's Committee to implement the content solutions mentioned in this section; the report, the recommendations of the Prime Minister presides over the sessions of dialogue between the Government, the ministries with the investors.

To ensure timely and synchronised deployment of the content of this resolution, the unified Government allow the short process applies with respect to the construction, adjustment, modification, some additional legal text expected the Government, Prime Minister in the second quarter, 2009.

IV. ABOUT IMPLEMENTATION difficulties of the situation Before the economic downturn in the world today, the task of maintaining the growth rate of the economy, guarantee people's life are laid out very heavily. The Government, ministries, sectors and localities should make flexible consistency, timeliness and effectiveness of the operating solution unified Government passed and enacted. The maximum mobilization of all the resources of all economic sectors, including the important contribution of the region to foreign investment, stimulate the economy, create employment, income for workers, increased revenues to the State budget.

The Government asked the Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities, base functions, tasks, plan implementation right advocates, the mission and the solutions outlined in this resolution and responsible Government The Prime Minister, about the implementation of these undertakings, the tasks and the solutions outlined in this resolution as soon as the Government issued; at the same time, periodic report 06-Prime results, at the same time sent the Ministry of planning and investment to General, report Government to enact appropriate operating measures./.