CIRCULAR guidelines, the certification procedure of investment incentives under Decree No. 7/1998/ND-CP dated 15 January 1998 from the Government detailing the law encourages domestic investment (modified) enforcement of paragraph 3, article 41, no. 7/1998/ND-CP dated 15 January 1998 from the Government detailing the implementation of the law to encourage investment in water (revised) (hereinafter referred to as ND 07/1998/ND-CP), Ministry of planning and investment guidelines, the certification procedure of investment incentives (hereinafter abbreviated as GCNƯĐĐT) as follows: i. APPLICATION GCNƯĐĐT LEVEL and RECEIVING AGENCY records to be issued GCNƯĐĐT, objects to apply the law to encourage domestic investment stipulated in clause 1 , 3, 4, 5, article 3, ND 7/1998/ND-CP GCNƯĐĐT-level send to receiver records as specified below: 1. Investment project of the production facilities, business (hereinafter abbreviated as CSSXKD) we have 1.1. Application for application level GCNƯĐĐT level GCNƯĐĐT (MĐ ƯĐĐT form attached to this circular).
A copy of valid business registration certificate for State enterprises, companies, private enterprises, cooperatives, cooperative, association or business license for individuals, business groups operating under Decree No. 66, dated 2/3/1992 of the Council of Ministers (Government).
Investment project.
A copy of valid investment decision or investment licenses of authority as defined in article 7, Charter investment management and construction (attached to Decree No. 42/CP 16/7/1996 of the Government) and some additional amendments of terms of conditions managing investment and building attached to Decree No. 42/CP 16/7/1996 Government (attached to Decree No. 92/CP dated 23/8/1997 of Government).
1.2. the receiving agency profile: 1.2.1. The Ministry of planning and investment granted GCNƯĐĐT application reception of the State enterprises, the business of the political organization, social-political, professional associations due to: the Prime Minister decided to establish.
The Ministers, heads of ministerial agencies, government agencies are authorized by the Prime Minister or the hierarchy decided to establish.
1.2.2. The Department of planning and investment, the central cities (hereafter referred to as the Department of KH & TEL) where CSSXKD headquarters or place of CSSXKD investment projects receiving grant application GCNƯĐĐT of State enterprises, the business of the political organization, social-political Professional associations, led by the Chairman of the provincial people's Committee, the central cities (hereafter referred to collectively as the provincial PEOPLE'S COMMITTEE Chairman) decided to establish.
Private companies, limited liability companies, joint stock companies (including Vietnam's enterprises settled abroad or of long-term resident foreigners in Vietnam direct investments in Vietnam according to the law on investment incentives in the country).
Cooperative, the Cooperative Union.
Individuals, business groups operating under Decree No. 66, dated 2/3/1992 of the Council of Ministers (Government).
1.2.3. the industrial zone management Board granted the province where CSSXKD headquarters or place of CSSXKD investment projects receiving grant application GCNƯĐĐT of CSSXKD says in point 1.2.2, section I of this circular have investment projects in industrial zones.
2. investment projects associated with the establishment of the new CSSXKD.
2.1. Application for application level GCNƯĐĐT level GCNƯĐĐT (MĐ ƯĐĐT Form attached to this circular).
Project copy valid investment decision or investment licenses of authority as defined in article 7, Charter investment management and construction (attached to Decree No. 42/CP 16/7/1996 of the Government) and some additional amendments of terms of conditions managing investment and building attached to Decree No. 42/CP 16/7/1996 of the Government (attached to Decree No. 92/CP dated 23/8/1997 of Government).
2.2. The agency receiving records.
The Department of planning and investment or management of provincial industrial zone where the intended CSSXKD headquartered receiving application allows the establishment of private enterprise, limited liability company, joint stock company, both in the case of an investment incentives or not in an investment incentive. In case an investment incentives, the Department of planning and investment or management-level industrial zone, the receiving application allows established businesses along with application-level GCNƯĐĐT.
The Department of planning and investment or management of provincial industrial zone where the intended business headquarters receiving license application established by the Vietnam business settled abroad, foreigners residing in Vietnam long term direct investments in Vietnam, Vietnam business by citizens and the foreign settlement in Vietnam , with the long-term resident foreigners in Vietnam according to the law on investment incentives in the country along with application-level GCNƯĐĐT.
The Department of planning and investment, where the Union of cooperatives or cooperative business the provisions of clause 1, article 13, Decree No. 16/CP dated 21 February 1997 by the Government on the transition, registered cooperatives and organised activities of cooperative Union (hereinafter referred to as ND 16/CP) intends to put its headquarters to receive the profile registration sales of the base. In case an investment incentives, the Department of planning and investment, receiving business registration documents together with the application for grant of GCNƯĐĐT.
 
II. REVIEW PROCESS LEVEL GCNƯĐĐT 1. The record level of GCNƯĐĐT enterprises said in point 1.2.1, section I of this circular by the Ministry of planning and investment, the decision to grant or refuse to grant GCNƯĐĐT (model GCNƯĐĐT-TW attached to this circular) after obtaining the opinion of the Ministry of finance.
2. Application-level GCNƯĐĐT of the CSSXKD says in point 1.2.2, section I of this circular by the planning and investment or management of provincial industrial look, the written opinions of the Taxation, investment and Development Bureau before the provincial PEOPLE'S COMMITTEE decision to grant or refuse to grant GCNƯĐĐT (model GCNƯĐĐT-ĐP attached to this circular).
3. Application for permission to establish a private business, the company is not in the profession regulated in article 5 of the law on private enterprises, article 11 of law firms, by the planning and investment or management of provincial industrial look, the written opinions of the Department of management of the sector; If any application level GCNƯĐĐT the opinions written by the Tax Bureau, the Bureau of development and other relevant bodies as necessary before the President issued the decision to grant or refuse to grant the license at the same time with the decision to grant or refuse to grant GCNƯĐĐT for private enterprises , The company.
4. business registration records of the cooperative business association the trades not specified in clause 1, article 13, ND 16/CP if attached with application-level GCNƯĐĐT, the Department of planning and investment, the written opinions of the Department of industry management, Taxation, development investment Bureau before the provincial PEOPLE'S COMMITTEE decision to grant or refuse to grant a certificate of registration business at the same time with the decision to grant or refuse to grant GCNƯĐĐT for cooperative Nations.
5. Application-level GCNƯĐĐT of the investment associated with the establishment of private enterprises, trading companies the scope stipulated in article 5 of the private business Law, article 11 of law firms, in addition to having to comply with current rules on order and the established procedures of private enterprises The company, planning and investment or management of provincial industrial zone must be consulted in writing of Tax and investment Development Bureau before the President issued the decision to grant or refuse to grant the license at the same time with the decision to grant or refuse to grant GCNƯĐĐT for private enterprises , The company.

6. Application for GCNƯĐĐT level of investment projects tied to business registration records of the cooperative, cooperative business association the provisions in clause 1, article 13, ND 16/CP, in addition to having to comply with the provisions of circular No. 04/BKH-QLKT on 29/3/1997 of the Ministry of planning and investment (the conversion instructions and sign cooperative Cooperative Association, according to the ND 16/CP), the Department of planning and investment or management of provincial industrial zone must be consulted in writing of Tax and investment Development Bureau before the provincial PEOPLE'S COMMITTEE to grant or refuse to grant a certificate of business registration at the same time with the decision to grant or refuse to grant GCNƯĐĐT for cooperative , The Cooperative Union.
7. The CSSXKD said in point 1, section I of this circular, if there are additional registration requirements industry shall perform the registration of additional business lines at the Agency has issued a certificate of business registration or business license. Enterprises by the planning and investment certificate of business registration, if there are additional registration requirements industry shall be made simultaneously with the grant of GCNƯĐĐT for business.
 
III. The REVIEW PERIOD GCNƯĐĐT LEVEL 1. The review to grant or refuse to grant GCNƯĐĐT for the case mentioned at point 1 and point 2 of section II of this circular must be made within 30 days from the date the Agency receives the record receive a valid profile.
2. Review The granting or refusing to grant GCNƯĐĐT and permits the establishment of private businesses said in point 3 and point 5 of section II of the circular date must perform within the time limit of 30 days for cases of land rent and not 60 days for land rent cases, from the date the Agency receives the record receive a valid profile. The review to grant or refuse to grant the license and GCNƯĐĐT founded the company says at point 3 and point 5 of section II of this circular must be made within 60 days from the date the Agency receives the record receive a valid profile, both for the case of the land as well as land rental.
3. Review The granting or refusing to grant GCNƯĐĐT and business registration certificate with regard to the cases mentioned in point 4 of section II of this circular must be made within 45 days from the date the Agency receives the record receive a valid profile.
4. Review The granting or refusing to grant GCNƯĐĐT and business registration certificate with regard to the cases mentioned in point 6, section II of this circular must be made within 60 days from the date the Agency receives the record receive a valid profile.
5. valid profile is the profile is full of the elements mentioned in point 1.1, or in point 2.1, section I of this circular.
Invalid profile is the profile does not include enough of the elements mentioned in point 1.1 or 2.1, section I of this circular. Invalid profile case, within 5 days from the date of receipt, the receiving Agency to announce additional requirements, complete the profile for the sent CSSXKD file.
The time of receipt of a valid profile is calculated from the date the Agency receives the record receive a valid profile if the profile was taken directly to receptive agency profile or from the date of receipt by the seal of the post office where the sending if sent by postal records.
The time limit for granting or refusing to grant GCNƯĐĐT, business license, certificate of business registration is calculated from the date the Agency receives the record receive a valid profile. The case refused to license the business start-up, business registration certificate, GCNƯĐĐT, receiver of records must clearly notice the reason for the litigants said.
6. The Agency was receiving agency records about business start-up, on investment incentives, business registration certification says in section II of this circular has the responsibility to respond in writing within 10 days from the date the text to consult; This period too that no text answered then regarded as agreed.
 
IV. ADDITIONAL CASE HANDLING 1. The investment project are entitled to investment incentives under the previous level GCNƯĐĐT on ND 7/1998/ND-CP effective still continue to enjoy the preferential investment until the end of time remaining by GCNƯĐĐT was granted.
2. investment projects are entitled to investment incentives under the GCNƯĐĐT was granted before the date ND 07/1998/ND-CP DATED effect, if CSSXKD deems qualified to be able to enjoy the additional incentives on the long, steady land lease provisions of article 27, article 28; import tax incentives specified in article 37; managing the resource tax incentives specified in article 38 of the ND 07/1998/ND-CP shall send a written proposal to the Agency has granted GCNƯĐĐT (DN ƯĐĐTBS Form attached to this circular) to be considered to grant or refuse to grant the additional investment incentives under the provisions of article 50 of the ND 07/1998/ND-CP (model GCNƯĐĐTBS-TW; GCNƯĐĐTBS-ĐP attached to this circular).
 
V. REPORT of the IMPLEMENTATION of the HELP CONTENT and periodic INVESTMENT INCENTIVE 6 months (on June 20 and December 20), the Department of planning and investment, the industrial zone management Board granted the province level situation report GCNƯĐĐT, implementation and support of local investment incentives recommendations the issue arises the need of handling submitted to the Ministry of planning and investment to sum up government report.
 
VI. ENFORCEMENT of the PROVISIONS of this circular in force enforced after 15 days from the date of signing. This circular replaces circular 06/UB-QLKT on 27/9/1995 of the State Planning Commission Regulation sequence, GCNƯĐĐT-level procedure under the law on encouragement of investments in the country and the text number 2367/BKH-QLKT on 27/5/1996 of the Ministry of planning and investment in additional instructions, modifying some points in circular No. 06/UB-QLKT.
In the process if there are obstacles, suggest the CSSXKD, organs timely reflection to the Ministry of planning and investment, study, modify, supplement the content was instructed accordingly./.
 
MODEL MĐ ƯĐĐT SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness ... (1) ..., the day ... month ... year ... APPLICATION LEVEL INVESTMENT INCENTIVE CERTIFICATE dear:.......................... (2).....................
Name of business: manufacturing facility..............................
Headquarters:............................................. Phone: ... ... ... ... ... .... Fax........................
Business registration certificate/license numbers ... so ... (3) on level ... ... ... ... ....
Implemented/planned investment projects. (4) ... According to investment decisions, the investment license No. ... because ... (5) ... on ... month ... year ...
The total investment of the project:........ million investment:.......................................... project location:.................................
Technological factors:.........................................
Use of average workers in the year: ... ... ... ... who intends on starting ... months ... years ....; completed and commissioned on ... months ... years............. (2).......... certification of investment incentives with incentives as follows: ... ... ... ... .... (6).............
Our commitment to the full and correct the conditions to enjoy investment incentives and encouragement.
CSSXKD delegate (7) Notes: (1) records of the locations.
(2) record the Agency name GCNƯĐĐT level (PPC, city in Central or the Ministry of planning and investment).
(3) record the Agency name BUSINESS REGISTRATION certificate or business license.
(4) Write the names project (5) record the Agency name investment decisions or licensed investment (6) write the specific recommendations regarding the level of guarantees, investment incentives and assistance for project incentives of business establishments (7) record the name, the title of the authorized representative of the CSSXKD and sign , stamp (if available).
Model: GCNƯĐĐT-ĐP PEOPLE'S COMMITTEE. (1) the SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness no.: .../........., the day ... month ... year ...


 
INVESTMENT INCENTIVE CERTIFICATES

Pursuant to the law to encourage investment in the country on June 22, 1994;
Pursuant to Decree No. 7/1998/ND-CP dated 15 January 1998 from the Government detailing the law encourages domestic investment (modified);
As suggested by............... (2)...........
CHAIRMAN OF PEOPLE'S COMMITTEE OF ... (1) CERTIFICATE of INVESTMENT INCENTIVES for 1. Name of business: manufacturing facility....... (3)......................
Trụ sở chính...................................................
Business registration certificate/license numbers ... so. .... on...,. .. year ...;
Với các ưu đãi:
-..............................................................
-..............................................................
-..............................................................
-..............................................................
-..............................................................
2.......... enjoy the incentives said in point 1 above is due to the implementation of investment projects. (4) ... ... According to investment decisions, the investment license No. ... by ... on ... month ... year ...
The project started on ... month ... year ..., completion and commissioning day.........
DN ƯĐĐTBS FORM the SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness ... (1) ..., the day ... month ... year ... to RECOMMEND CERTIFICATION of ADDITIONAL INVESTMENT INCENTIVES dear:.......................... (2).....................
Name of business: manufacturing facility..............................
Headquarters:............................................. Phone: ... ... ... ... ... .... Fax........................
Investment incentive certificates ... so ... on ... month ... year ....
Additional suggestion base incentives:............. (3)...................... (2)................ certification of additional investment incentives with the content of the following incentives:............. (4)................
Our commitment to the full and correct the conditions to enjoy additional investment incentives.
CSSXKD delegate (5) Notes: (1) records of the locations (2) record the Agency name GCNƯĐĐT level (PPC, city in Central or the Ministry of planning and investment.
(3) the Records to be added incentives (4) write the recommendations about additional incentives under the provisions of article 27, 28, 37, 38 and article 50 of the Decree 22/1998/ND-CP (5) record the name, the title of the authorized representative of the CSSXKD and sign, stamp (if available).
Model: GCNƯĐĐT-TW MINISTRY of PLANNING and INVESTMENT of the SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness no.: .../....



Hanoi, October ... month ... year ...


 
INVESTMENT INCENTIVE CERTIFICATES pursuant to the law to encourage investment in the country on June 22, 1994;
Pursuant to Decree No. 7/1998/ND-CP dated 15 January 1998 from the Government detailing the law encourages domestic investment (modified);
Review application for investment incentives of.........
MINISTER Of PLANNING And INVESTMENT GRANTED INVESTMENT PREFERENCE CERTIFICATES For 1. Business name: ... ... (1).................... .............
Trụ sở chính.................................................
Business registration certificate No............., dated December ... year ...;
Với các ưu đãi:
-..............................................................
-..............................................................
-..............................................................
-..............................................................
-..............................................................
2.......... enjoy the incentives said in point 1 above is due to the implementation of investment projects. (2) ... ... According to investment decisions, the investment license No. ... by ... on ... month ... year ...
The total investment of the project:......... million investment:................................. project location:........................
Technological factors:................................
Use of average workers in the year: ... ... ....
3........ just enjoy the incentives mentioned at point 1 if done properly and sufficiently the conditions mentioned at point 2 of the preferential investment certificates.
The people's Committee Chairman. ... (1) (signed and stamped) Notes: (1) write the name of the province, the central cities.
(2) planning and investment or management of province-level industrial zone.
(3) write the name business establishments have the project enjoy investment incentives.
(4) write the name of the project investment.
Model: GCNƯĐĐT-TW MINISTRY of PLANNING and INVESTMENT of the SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness no.: .../....



Hanoi, October ... month ... year ...


 
INVESTMENT INCENTIVE CERTIFICATES pursuant to the law to encourage investment in the country on June 22, 1994;
Pursuant to Decree No. 7/1998/ND-CP dated 15 January 1998 from the Government detailing the law encourages domestic investment (modified);
Review application for investment incentives of...............
MINISTER Of PLANNING And INVESTMENT GRANTED INVESTMENT PREFERENCE CERTIFICATES For 1. Business name:................... (1)....................
Trụ sở chính.................................................
Business registration certificate No........., dated ... month ... year ...;
Với các ưu đãi:
-..............................................................
-..............................................................
-..............................................................
-..............................................................
-..............................................................
2. ..... (1) ... enjoy the incentives said in point 1 above is due to the implementation of the investment project.. ... (2) ... ... According to investment decisions, the investment license No. ... by ... on ... month ... year ...
The project started on ... month ... year ..., completion and commissioning day.........
The total investment of the project:......... million investment:................................. project location:........................
Technological factors:................................
Use of average workers in the year: ... ... ....
3. ... (1) ... just enjoy the incentives mentioned at point 1 if done properly and sufficiently the conditions mentioned at point 2 of the preferential investment certificates.
Minister of planning and investment (signed and stamped) Notes: (1) business name (2) record the name of the SAMPLE project: GCNƯĐĐT-ĐP the COMMITTEE people. ... (1) the SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness no.: .../..........., the day ... month ... year ...


 
CERTIFICATE of ADDITIONAL INVESTMENT INCENTIVES pursuant to the law to encourage investment in the country on June 22, 1994;
Pursuant to Decree No. 7/1998/ND-CP dated 15 January 1998 from the Government detailing the law encourages domestic investment (modified);
As suggested by................. (2) The PRESIDENT of the PEOPLE'S COMMITTEE of ... ... (1) CERTIFICATION of ADDITIONAL INVESTMENT INCENTIVES for 1. Name of business: manufacturing facility...... (3) .....................
Headquarters.................................................... PEOPLE'S COMMITTEE was ... (1)..... certification of investment incentives ... day ... month ... year ...
Nay được bổ sung các ưu đãi:
-..............................................................
-..............................................................
-..............................................................
-..............................................................
2. ..... (3) .... enjoy the additional incentive said in point 1 above is due to the implementation of the investment project.. ... (4) ... ... According to investment decisions, the investment license No. ... by ... on ... month ... year ... satisfy the conditions:......... (5)...............
3. ... (3) ... just enjoy the additional incentive said in point 1, if done properly and sufficiently the conditions mentioned at point 2 of the certificate of this additional investment incentives.
Chairman of people's Committee of ... (1) (signed and stamped) Notes: (1) write the name of the province, the central cities.
(2) planning and investment or management of province-level industrial zone.
(3) write the name business has manufacturing facilities projects are entitled to additional investment incentives.
(4) Write the names project has been granted GCNƯĐĐT.

(5) the Records to be additional incentives under the provisions of article 27, 28, 37, 38 and article 50 of the Decree 22/1998/ND-CP.: GCNƯĐĐTBS-ĐP the COMMITTEE people. ... (1) the SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness no.: .../..........., the day ... month ... year ...


 
CERTIFICATE of ADDITIONAL INVESTMENT INCENTIVES pursuant to the law to encourage investment in the country on June 22, 1994;
Pursuant to Decree No. 7/1998/ND-CP dated 15 January 1998 from the Government detailing the law encourages domestic investment (modified);
As suggested by................. (2) The PRESIDENT of the PEOPLE'S COMMITTEE of ... ... (1) CERTIFICATION of ADDITIONAL INVESTMENT INCENTIVES for 1. Name of business: manufacturing facility...... (3) .....................
Headquarters.................................................... The PEOPLE'S COMMITTEE were. (1)....... certification of investment incentives ... on ....,.........;
Nay được bổ sung các ưu đãi:
-..............................................................
-..............................................................
-..............................................................
-..............................................................
2. ..... (3) .... enjoy the incentives said in point 1 above is due to the implementation of the investment project.. ... (4) ... ... According to investment decisions, the investment license No. ... by ... on ... month ... year ... satisfy the conditions:......... (5)...............
The project started on ... month ... year ..., completion and commissioning day.........
The total investment of the project:......... million investment:................................. project location:........................
Technological factors:................................
Use of average workers in the year: ... ... ....
3. ... (1) ... just enjoy the incentives mentioned at point 1 if done properly and sufficiently the conditions mentioned at point 2 of the preferential investment certificates.
Minister of planning and investment (signed and stamped) Notes: (1) business name (2) record the name of the SAMPLE project: GCNƯĐĐTBS-TW MINISTRY of PLANNING and INVESTMENT of the SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness no.: .../....



Hanoi, October ... month ... year ...


 
CERTIFICATE of ADDITIONAL INVESTMENT INCENTIVES pursuant to the law to encourage investment in the country on June 22, 1994;
Pursuant to Decree No. 7/1998/ND-CP dated 15 January 1998 from the Government detailing the law encourages domestic investment (modified);
Review application for investment incentives of...............
MINISTER Of PLANNING And INVESTMENT GRANTED INVESTMENT PREFERENCE CERTIFICATES For ADDITIONAL 1. Business name:................... (1).......................
Headquarters................................................ Were the Ministry of planning and investment granted investment preference certificates. ... on ....,..........;
Nay được bổ sung các ưu đãi:
-..............................................................
-..............................................................
-..............................................................
-..............................................................
2. ..... (1). .. be additional incentives said in point 1 above is due to the implementation of the investment project.. ... (2) ... ... According to investment decisions, the investment license No. ... by ... on ... month ... year ... satisfy the condition: ... .... (3)........
3. ... (1) ... just enjoy the additional incentive said in point 1, if done properly and sufficiently the conditions mentioned at point 2 of the certificate of this additional investment incentives.
Minister of planning and investment (signed and stamped) Notes: (1) records the name of the business.
(2) record the name of the project has been granted GCNƯĐĐT.
(3) the Records to be additional incentives under the provisions of article 27, 28, 37, 38 and article 50 of the Decree 22/1998/ND-CP.