Decision on the licensing divisions of investment for the projects of foreign direct investment FROM the PRIME MINISTER pursuant to the law on Government Organization, 30 September 1992;
Pursuant to the law on foreign investment in Vietnam on November 12, 1996;
Pursuant to Decree No. 12/CP dated 18 February 1997 from the Government detailing the implementation of the law on foreign investment in Vietnam, Decree No. 10/1998/ND-CP dated 23 January 1998 by the Government on a number of measures to encourage and guarantee foreign investment activities in Vietnam;
According to the recommendation of the Minister of planning and investment;
 
Decision: article 1. Decentralized licensing for the investment project of the foreign direct investment under the foreign investment Law in Vietnam on November 12, 1996 for the people's Committee of the province (known as the people's committees of the province) with the following: 1. the people's Committee of Ha Tay Province.
2. the people's Committee of Hai Duong Province. 3. Thanh Hoa province people's Committee.
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. in Lam Dong Province people's Committee.
Article 2. The Committee referred to in article 1 of this decision is responsible for receiving the profile project, evaluation and licensing of investment projects for foreign direct investment in local investment said in article 3 of this decision.
Article 3. The project of the foreign direct investment by the province people's Committee licensed investments must meet the following conditions: 1. In accordance with economic-development planning, technical, socio-economic development plan of local society.
2. investment scale to 5 million u.s. dollars, excluding the provisions of article 4 of this decision.
3. the rate of the export products to meet regulations by the Ministry of planning and investment issued in each period.
4. Enterprise with foreign investment, foreign parties business self assured demand for foreign money.
5. equipment, machinery and technology to meet the current rules; the case does not meet the provisions which must be competent State agencies manage the technical-economic sector approved in writing before the investment license.
6. Meet the requirements for environmental protection, occupational safety, fire prevention and explosion.
Article 4. Not decentralized investment license for the people's Committee for the following projects: 1. A group of projects as defined in article 12 of Decree 93/CP dated 18 February 1997 from the Government detailing the implementation of the law on foreign investment in Vietnam.
2. The projects in the following areas: exploration, mining and oil and gas services.
The production of electricity.
Construction of ports, airports, highways, railways.
Cement, metallurgy, sugar production, the production of wine, beer, and cigarettes.
3. Projects in the industrial zones, export processing zones, high-tech zones.
Article 5.
1. investment project profile was created under the guidance of the Ministry of planning and investment.
2. The evaluation of the project made under the provisions of Article 83, 92, 94, 96 and 100 Decree No. 12/CP dated 18 February 1997 from the Government detailing the implementation of the law on foreign investment in Vietnam.
Provincial people's Committee has the responsibility to take the comments of the ministries on issues under the jurisdiction of the ministries that have not been specified.
The ministries are consulted on the project, including additional cases, modified, is responsible to reply in writing within 7 days of receipt of the provincial people's Committee; that term too which ministries do not have comments in writing shall be considered approved the project.
3. investment permit is drafted according to the model of the Ministry of planning and investment.
Within 7 days from the date of license; People's Committee sent the original investment license to the Ministry of planning and investment and the investment license copy to the Office of the Government, the Ministry of finance, Ministry of Commerce, Ministry of Economics-management techniques.
Article 6. The people's Committee in the implementation of the addition, modification of license for the investment project has been granted the investment license.
The additional cases, modify the investment license that exceed the level of hierarchy must be the Ministry of planning and investment approved in writing prior to additions, modifications.
Article 7. Ministry of Commerce delegated to provincial people's Committee, the city directly licensing hierarchy browsing plan investment, import and export for enterprises foreign investment and business, in addition to the industrial zone.
Article 8. Quarterly, 6, and every year, the General People's Committee the investment license, supplemented, amended investment license and submit a report to the Government Office and the Ministry of planning and investment.
Article 9. The Ministry of planning and investment to continue the authorization granted the investment license for the management of the new industrial zone to be established; enact specific provisions about the ratio of export to the people's committees of provinces and cities under central and the management of provincial industrial initiative in the evaluation, licensing investment.
Article 10. This decision takes effect 15 days from the date of signing.
The Ministers, heads of ministerial agencies, heads of government agencies and people's Committee Chairman, central cities involved are responsible for the implementation of this decision.