The DECISION, issued regulations on the evaluation mode of the projects directly invested by foreign MINISTERIAL COUNCIL pursuant to the law the Council of Ministers held on July 4, 1981;
In order to better manage the projects directly invested by foreign countries, creating favorable conditions for organizations and individuals, foreign investment in Vietnam;
According to the proposal of the Chairman of the State Committee for cooperation and investment, the DECISION: article 1.
Attached to this decision regulates the evaluation mode of the projects directly invested by foreign countries.
Article 2.
This decision takes effect from the day of promulgation. Any provisions contrary to this decision are hereby repealed.
The Chairman of the State Committee for cooperation and investment and Chairman of the State Planning Committee is responsible for guiding the implementation of this decision.
Article 3.
The Minister, Chairman of the State Committee, heads of the bodies in the Council of Ministers, the President of the people's committees of provinces and cities under central authority responsible for the implementation of this decision.
REGULATIONS on the EVALUATION MODE of the PROJECTS DIRECTLY INVESTED by FOREIGN COUNTRIES (attached to decision No. 366-dated 7-11-1991 of the Council of Ministers.)
 
Chapter I GENERAL PROVISIONS article 1.
Evaluation mode of projects directly invested by foreign regulations the evaluation of investment projects for all three forms: business cooperation on the basis of the contract, enterprises or joint venture (collectively referred to as venture enterprise), 100% foreign-owned companies.
Article 2.
Content of the project appraisal includes the following principal points: 1. Legal personality, financial capacity of foreign investor and Vietnam.
2. The relevance of the project objectives to orientation of social-economic development.
3. The reasonableness of the product; the suitability of the technique and technology.
4. The relevance of market products with the policy of the State.
5. The tax rates and tax reduction, exemption period. Ground rent, water, sea.
6. socio-economic efficiency of the project; benefits of Vietnam's Party and State of Vietnam.
7. The ability to make use of the available infrastructure in the country to meet the requirements of the project.
8. The reasonableness of the location, online works, an area of occupied land, the water, the sea; the application of the legal process of construction.
9. reasonable use and protection of resources, protecting the ecological environment.
Depending on the type and nature of each project that materialize the content evaluation accordingly.
Article 3.
The problem is mainly that the Ministry, people's committees; the city needs to consider before through the project to have specific recommendations are: 1. The relevance of the project objectives to orientation of the sector and local development; the need to cooperate with foreign investment.
2. Legal and financial capacity, production and business of foreign economic organizations and economic organization of Vietnam.
3. The ability to meet the needs of the project on labor, raw materials, electricity, water, transportation ...
4. Valuation of the property of the party to which Vietnam venture companies.
5. The suitability of the location for the project of territorial planning and local industry. The recommendations on ground rent levels, the water, the surface of the sea.
 
CHAPTER II PROJECT REVIEW DIVISIONS of article 4.
For projects with foreign investment review divisions, as follows: 1. The project led by the President of the Council of Ministers decides: the project regardless of the level of capital investment in the technical-economic sectors: mining, mineral processing, rare.
Telecommunication, radio, television, publishing.
Ocean, air, rail, sea port construction, airports, railways and highways.
Production, circulation medicines, poisons, harmful, explosive.
The real estate business, finance, Bank.
Related to defense and security.
Specializes in import and export business, international travel.
b) project on heavy industry has invested over 30 million USD.
c) project on the other sectors have invested over us $20 million.
d) projects with large land area, that affect the environment.
2. Approval of the project by the Chairman of the Council of Ministers decided to be classified into two types: a) The project needs through the Council authority to verify it and the President of the Council of Ministers decision (hereinafter referred to as the project group A) including: the projects specified in section a. , point 1 of this scale of investment from us $20 million or more.
The projects specified in section b, point 1 of this scale from 40 million dollars or more.
The projects specified in section c, point 1 of this scale from 30 million or more.
The projects specified in section d. b) with respect to the remaining projects (hereinafter referred to as the Group B project), the State Committee for cooperation and investment and Chairman of the authority, in coordination with the relevant Ministries review and appraisal on the basis of recommendations of The local, and the President of the Council of Ministers decision.
3. for the list of projects of decision of the President of the Council of Ministers (hereinafter referred to as the project group C), the State Committee for cooperation and investment, exchange ideas with the relevant Ministry, review and decide whether to grant or not grant the license.
CHAPTER III ORGANIZATION of PROJECT APPRAISAL I-for A group project.
Article 5.
After getting the records project, the State Committee for cooperation and investment Chairman proposal evaluation meeting of the Council of State to verify the project.
The grant or not grant investment licenses are made according to the decision of the President of the Council of Ministers on the basis of recommendations of the Council of the authority.
Article 6.
1. The composition of the Council of the Authority include: Chairman of the Board: the Chairman of the State Planning Commission.
Vice Chairman: Deputy Chairman of the State Committee for cooperation and investment.
Permanent members of the Council: the Minister or Deputy Minister of the Ministry of finance, trade and tourism, construction, the State Science Commission, the State Bank of Vietnam, the Office of the Council of Ministers.
The other members of the Council: Minister or Deputy Minister industry-engineering and the local or industry related to the project.
2. The relevant functional departments of the State Committee for cooperation and investment, and the State Planning Commission is responsible for helping the Bar Council work program, the Organization of the session, General comments into the text to the Chairman of the evaluation process of the President of the Council of Ministers.
3. The State authority may invite experts in the country or abroad has the qualifications and experience in the field of science-engineering, economics, law ... to contribute comments to the Council.
Article 7.
Working mode of authority State regulation are as follows: the President or the Vice President presided along with the members of the Board conduct the appraisal of projects according to the content of the provisions of article 2.
The Board members have comprehensive appraisal mission project, but first of all in the management function of the industry that that Member is represented.
The Board members are responsible to fully participating in the sessions of the Council. Absent members may submit comments in writing.
Article 8.
The Board authority to work according to the principle of the majority of members present at the session of the Council. In the case of important opinions also vary, Chairman of the appraisal process of the kind comments onto the President of the Council of Ministers to consider and decide.
Article 9.
Time evaluation project:

In 25 days from the date of the project, the Board Member authority notice in writing to the State Committee for cooperation and investment ideas to questions, suggestions for the owner, to ask the owner explain or modify, supplement the points required in the project profile. the opinion reviews the project of the members of the Council should submit to the slowest before 40 days from the date of the project.
The latest is 2 months from the date of receiving the project records, State authority must complete the entire assessment work to the President of the Council of Ministers decision.
The President of the Council of Ministers considered the recommendations of the Council of the authority and the official decision within 15 days from the receipt of the text of the Council of the authority.
Based on the decision of the President of the Council of Ministers, the State Committee for cooperation and investment, the reply text editor for the investor.
II-the project group B.
Article 10.
The granting or not granting permission for the Group B project is done by decision of the President of the Council of Ministers on the basis of the recommendations of the State Committee for cooperation and investment and Chairman of the authority.
Article 11.
Project appraisal time: within 5 days from when receiving records project, the State Committee for cooperation and investment project profile submitted to the State Planning Commission, Ministry of finance, Ministry of Commerce and tourism, the State Science Commission, Ministry of construction, State Bank The Ministry of Economics-management techniques and the other Ministries concerned.
Within 25 days from the receipt of the record of the project, the Agency said on notice in writing to the State Committee for cooperation and investment questions and comments suggested the owner and within 40 days from the date of the project, submit your testimonials about the content of the project First, about the problems in his management scope.
At the latest within a period of 50 days from the receipt of the record of the project, the State Committee for cooperation and investment and Chairman of the Council of State evaluation process recommendations up the President of the Council of Ministers for consideration.
The President of the Council of Ministers has the official decision within 15 days from the receipt of the text of the State Committee of the papers about investment and cooperation and President of the Council of the authority.
After the decision of the President of the Council of Ministers, the State Committee for cooperation and investment, the reply text editor for the investor.
III-C groups project.
Article 12.
The review of licensing projects for groups of C under the decision of the State Committee for cooperation and investment.
Article 13.
When considering projects in this group, the State Committee for cooperation and investment need the written opinions of the Agency: the State Planning Commission, the State Science Commission, Ministry of Commerce and tourism, the Ministry of finance, the State Bank and the Ministry of industry management. The contributed comments made during the period of 40 days from receipt of project profile; that term too that the industry does not have the feedback text regarded as no comments on the project by the owner. If there are different opinions important, State Committee for cooperation and investment needs please comments the President of the Council of Ministers.
CHAPTER IV FINAL PROVISIONS article 14.
This regulation is effective from the day of promulgation.
Article 15.
The Chairman of the State Committee for cooperation and investment and Chairman of the State Planning Commission is responsible for specific guidelines for the implementation of this regulation./.