The DECISION of the PRIME MINISTER regarding decentralized investment license for direct investment projects of foreign countries 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;
According to the recommendation of the Minister of planning and investment, the 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 to the Committee that the people of the provinces and cities under central (collectively known as the people's committees of provinces) with the following: 1. the people's Committee of Hanoi City.
2. the people's Committee of Ho Chi Minh City.
3. the people's Committee of Haiphong.
4. the people's Committee of Da Nang City. 5. The people's Committee of BA RIA-Vung Tau.
6. the people Committee of Dong Nai province.
7. the people's Committee of Binh Duong Province. 7. The people's Committee of Quang Ninh province.
Article 2. The provincial people's 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 provincial 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 10 million u.s. dollars for investment projects in the city of Hanoi, Ho Chi Minh City and to 5 million u.s. dollars for investment projects in the provinces, other cities, except 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 and fire prevention.
Article 4. Not decentralized investment license for the provincial 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 established 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.
The 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 plan and investment.
Within 7 days from the date the investment license, the provincial 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 provincial people's Committee to implement 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. Quarterly, 6, and every year the provincial people's Committee, sum up the licensing of investment, supplemented, amended investment license and submit a report to the Government Office and the Ministry of planning and investment.
Article 8. Based on the actual situation, the Ministry of planning and investment, the Prime Minister's recommendations to decide the conditions of hierarchy and supplement the list of the central cities, are decentralized licensing investment.
Article 9. This decision is effective as from 1 July 1997.
The Ministers, heads of ministerial agencies, heads of government agencies and the Chairman of the provincial people's Committee, the city stated centrally responsible for the implementation of this decision.