Circular No. 08/2014/TT-BKHĐT detailing certain provisions of the Government's Decree No. 216/2013/NĐ-CP dated December 24, 2013 on the organization and operation of inspection in the Planning and Investment sector.

CIRCULAR

Article 24detailing certain provisions of Decree No. 216/2013/NĐ-CP

dated December 24, 2013 of the Government on organization and

 inspection activities in the Planning and Investment sector

__________________ 

Based on the Inspection Law dated November 15, 2010;

Pursuant to Decree No. 86/2011/NĐ-CP dated September 22, 2011 of the Government detailing and guiding the implementation of certain provisions of the Inspection Law;

Pursuant to Decree No. 07/2012/ND-CP dated February 9, 2012 of the Government stipulating the agencies entrusted with the function of specialized inspection and specialized inspection activities;

Pursuant to Decree No. 116/2008/ND-CP dated November 14, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

Pursuant to Decree No. 216/2013/NĐ-CP dated December 24, 2013 of the Government on organization and inspection activities in the Planning and Investment sector;

At the proposal of the Inspector General of the Ministry of Planning and Investment,

The Minister of Planning and Investment issues this Circular detailing certain provisions of Decree No. 216/2013/NĐ-CP dated December 24, 2013 of the Government on organization and inspection activities in the Planning and Investment sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates detailed contents on:

1. Specialized inspections in the field of overall planning for economic and social development.

2. Specialized inspections in the field of allocation, management, and use of development investment capital.

3. Specialized inspections in the field of bidding.

4. Specialized inspections in the fields of domestic investment, foreign investment, and overseas investment.

5. Specialized inspections in the field of receiving, managing, and using official development assistance (ODA) funds, preferential loans from donors, and non-governmental foreign aid.

6. Specialized inspections in the field of management and operation of industrial zones, economic zones, border economic zones, high-tech zones, and other types of economic zones.

7. Specialized inspections in the field of enterprises and business registration.

8. Specialized inspections in the field of cooperatives and cooperative federations.

9. Information and reporting systems for specialized inspections in the Planning and Investment sector.

10. Contents of specialized inspections in the field of statistics shall be implemented according to separate regulations.

Article 2. Applicability

This Circular applies to: State administrative agencies; Heads of state administrative agencies; Inspector General of the Ministry of Planning and Investment; Inspector General of the Department of Planning and Investment; Heads of agencies assigned to perform specialized inspection functions in the Planning and Investment sector; Leaders of inspection teams, members of inspection teams, inspectors, persons assigned tasks for specialized inspections, and inspection collaborators in the Planning and Investment sector; agencies, organizations, and individuals related to inspection activities in the Planning and Investment sector.

Chapter II

DETAILING CONTENTS OF SPECIALIZED INSPECTIONS IN THE PLANNING AND INVESTMENT SECTOR

Article 3. Detailed contents of specialized inspections in the field of overall planning for economic and social development

Inspect compliance with laws and regulations on overall planning for economic and social development, including:

1. Implementation of procedures and formalities for planning.

2. Review and approval of plans.

3. Implementation of regulations on funding for planning, review, and approval.

4. Implementation of regulations on conditions, contents, and approval of plan adjustments (if applicable).

5. Implementation of plans, including: public announcement of approved plans; implementation of reporting systems on plan implementation status; progress of key investment programs and projects; progress of plan targets and main products; inspection, supervision, and monitoring of plan implementation.

Article 4. Detailed provisions on the content of specialized inspections in the field of allocation, management, and use of development capital

1. Inspect compliance with regulations on planning, assigning plans, allocating development capital, including:

a) Implementation of regulations on conditions for assigning development capital plans;

b) Implementation of procedures for drafting, submitting, approving, and assigning development capital plans;

c) Implementation of regulations on deadlines for assigning development capital plans.

2. Inspect compliance with regulations on allocation, management, and use of development capital, including:

a) Implementation of regulations in the allocation and arrangement of development capital;

b) Disbursement, payment, settlement, and outstanding development capital.

3. Inspect compliance with regulations on project management and implementation, including:

a) Project establishment, review, approval, including: preparation of investment proposal reports, preliminary feasibility study reports, feasibility study reports; project establishment; review and approval of projects; investment decisions; costs for project establishment and review work; adjustment of projects (if applicable);

b) Project implementation, including: preparation, review, verification, and approval of design and budget estimates; costs for design consultancy, budget preparation, and verification work; contract signing and management; acceptance, payment of development capital;

c) Completion of investment, putting projects into operation, including: project acceptance and handover; management, exploitation, and use of projects according to set goals; warranty, maintenance, and final settlement of development capital;

d) Implementation of regulations on investment supervision and evaluation.

Article 5. Detailed provisions on the content of specialized inspections in the bidding sector

1. Inspect compliance with regulations on the establishment, review, and approval of bidding plans, investor selection plans, contractor selection plans, including:

a) Implementation of regulations on procedures, formalities, authority for establishing, reviewing, and approving bidding plans, investor selection plans, contractor selection plans;

b) Implementation of regulations on the contents of contractor selection plans, investor selection plans;

c) Implementation of regulations on adjustments to bidding plans, investor selection plans, contractor selection plans (if applicable).

2. Inspect compliance with regulations on contractor and investor selection, including:

a) Implementation of regulations on the establishment, review, and approval of prequalification documents, expression of interest documents, tender documents, request documents;

b) Implementation of regulations on the evaluation and review of prequalification submissions, expressions of interest, tender submissions, proposals, and approval of contractor selection results, investor selection results;

c) Implementation of regulations on the timeframes for implementing contracts and projects according to approved contractor selection plans and investor selection plans.

Article 6. Detailed provisions on the content of specialized inspections in the domestic investment, foreign investment, and outward investment sectors

1. Inspect compliance with regulations on domestic investment and foreign investment, including:

a) Implementation of state management activities related to investment, including: approval and public announcement of relevant master plans and plans related to investment activities; implementation of investment incentive policies; establishment and public announcement of investment project lists at local levels; promotion and attraction of investment; registration, verification, and issuance of Investment Certificates; adjustment, revocation of Investment Certificates; decisions to terminate investment project operations ahead of schedule (if applicable); monitoring, supervision, inspection, and enforcement of regulations stipulated in Investment Certificates; regular reporting on investment activities within the jurisdiction;

b) Implementation of projects by investors, including: conducting investment activities in accordance with registered investment documents and Investment Certificates; implementation of regulations on project transfer and investment capital transfer (if applicable); implementation of regulations on suspension, delayed progress, and project adjustment (if applicable); reporting on investment activities; implementation of regulations on termination, liquidation, and recovery of investment projects.

2. Inspect compliance with regulations on outward investment, including:

a) Implementation of state management activities related to outward investment, including: implementation of regulations on conditions, procedures, formalities for issuing, adjusting, and revoking Outward Investment Certificates; receipt, processing, verification of applications for issuance, adjustment, and revocation of Outward Investment Certificates; implementation of regulations on deadlines for issuing Outward Investment Certificates;

b) Implementation of projects by investors, including: compliance with regulations in Outward Investment Certificates; implementation of project progress schedules; implementation of regulations on project transfer and investment capital transfer (if applicable); implementation of regulations on suspension and delayed project progress (if applicable); implementation of regulations on reinvestment using project profits abroad; implementation of regulations on reporting project activity status; implementation of procedures for project liquidation and termination.

Article 7. Detailed provisions on specialized inspection content in the process of receiving, managing, and using official development assistance (ODA) funds, preferential loans from sponsors, and non-governmental foreign aid.

1. Inspect compliance with regulations in the management and implementation of programs and projects using ODA funds, preferential loans from sponsors, and non-governmental foreign aid, including:

a) Implementation of regulations on the form of program and project management;

b) Performance of tasks and authorities of the supervising agency in managing and implementing programs and projects;

c) Performance of tasks and authorities of the program/project owner in managing and implementing programs and projects;

d) Performance of tasks and authorities of the Project Management Board;

đ) Implementation of programs and projects;

e) Completion of programs and projects.

2. Inspect compliance with regulations on monitoring and evaluating programs and projects; implementation of reporting and information provision systems for programs and projects using ODA funds, preferential loans from sponsors, and non-governmental foreign aid, including:

a) Monitoring and evaluation of programs and projects by the supervising agency;

b) Monitoring and evaluation of programs and projects by the program/project owner;

c) Tracking and evaluation of programs and projects by the Project Management Board;

d) Implementation of information and reporting systems regarding the receipt and use of ODA funds and preferential loans by the supervising agency and the program/project owner.

Article 8. Detailed provisions on specialized inspection content in the field of management and operation of industrial zones, export processing zones, economic zones, border economic zones, high-tech zones, and other types of economic zones.

1. Inspect compliance with regulations on the establishment and expansion of industrial zones, economic zones, border economic zones, high-tech zones, and other types of economic zones, including:

a) Implementation of planning for the development of industrial zones, export processing zones, economic zones, border economic zones, high-tech zones, and other types of economic zones;

b) Implementation of regulations on conditions for establishing and expanding industrial zones, export processing zones, economic zones, border economic zones, high-tech zones, and other types of economic zones;

c) Implementation of regulations on procedures, formalities, and documentation for establishing and expanding industrial zones, export processing zones, economic zones, border economic zones, high-tech zones, and other types of economic zones.

2. Inspect compliance with regulations on investment in infrastructure construction for industrial zones, economic zones, border economic zones, high-tech zones, and other types of economic zones as stipulated in Clause 3, Article 4 of this Circular.

Article 9. Detailed provisions on specialized inspection content in the field of enterprises and business registration.

1. Inspect compliance with regulations on the establishment and business registration of various types of enterprises, dependent units of enterprises, and individual households, including:

a) For Provincial and District Business Registration Agencies, including: implementation of regulations on receiving and processing business registration applications, changes to business registration content for enterprises, Branches/Representative Offices, business locations, and individual households; implementation of regulations on the time limit for issuing Business Registration Certificates, Operation Certificates for Branches/Representative Offices, and Business Registration Certificates for individual households; implementation of regulations on archiving documents and providing business registration information; compiling reports on business registration results; inspecting the activities of enterprises, Branches/Representative Offices, business locations, and individual households; revoking Business Registration Certificates, Operation Certificates for Branches/Representative Offices, and Business Registration Certificates for individual households; handling complaints, suggestions, and feedback related to enterprise establishment, business registration, Branches/Representative Offices, business locations, and individual households;

b) For enterprises, individual households, and Branches/Representative Offices, including: declaration of business registration content for enterprises, Branches/Representative Offices, business locations, and individual households; implementation of regulations on changing business registration content for enterprises, individual households, Branches/Representative Offices (if applicable); implementation of regulations on the person registering to establish an enterprise and the legal representative; hiring a General Manager for a private enterprise.

2. Inspect compliance with contents specified in the Business Registration Certificate for various types of enterprises and the Business Registration Certificate for individual households, including:

a) Implementation of regulations on registering the main office of enterprises and business locations of individual households;

b) Implementation of regulations on hanging signs for enterprises, Branches/Representative Offices, business locations, and individual households;

c) Implementation of regulations on capital contribution registration for enterprises, contribution deadlines, and issuance of capital contribution certificates;

d) Implementation of regulations on maintaining and keeping membership books and shareholder registers;

đ) Implementation of regulations on suspending business operations.

3. Inspect compliance with regulations on organizational structure, management, and operational conduct of various types of enterprises, including:

a) Implementation of regulations on archiving documents and seals at the main office of enterprises;

b) Establishment and operation of the Supervisory Board (if applicable);

c) Implementation of regulations on procedures and formalities for convening Shareholder Meetings, Boards of Directors, and Boards of Members;

d) Appointment of managers and General Managers/Treasury General Managers of enterprises.

4. Inspect compliance with regulations on splitting, dividing, merging, consolidating, converting, and dissolving various types of enterprises, including:

a) For Provincial Business Registration Agencies, including: receiving, processing, and resolving requests for splitting, dividing, merging, consolidating, converting, and dissolving various types of enterprises; recovery of Business Registration Certificates in cases of splitting, dividing, merging, consolidating, converting, and dissolving.

b) For enterprises, including: the implementation of procedures and formalities for the dissolution of enterprises; the notification of cessation of existence for enterprises that have been divided, separated, merged, or consolidated.

5. Inspect compliance with regulations on providing and publishing enterprise registration information, including:

a) For provincial and district business registration agencies, including: the coordination in building, managing, and operating the National Enterprise Information System and the Business Household Information System within their jurisdiction; the provision of enterprise and business household registration information upon request;

b) For enterprises, including: the implementation of regulations on providing business registration content information to the Business Registration Department as prescribed; the implementation of regulations on publishing enterprise registration content on the National Enterprise Registration Information Portal; the implementation of regulations on suspending business operations, dissolving enterprises, and ceasing activities of branches, representative offices, and business locations; the implementation of notifications when leasing enterprises for sole proprietorships.

Article 10. Detailed provisions on specialized inspection contents in the field of cooperatives and cooperative federations

1. Inspect compliance with regulations on capital contribution, establishment, registration, and changes to cooperative and cooperative federation registration content, including:

a) For district business registration agencies, including: the implementation of regulations in receiving, processing, and resolving cooperative and cooperative federation registration applications; the implementation of regulations on the issuance period for Cooperative and Cooperative Federation Registration Certificates; the backup of registration files and documents; the provision of cooperative and cooperative federation registration information; the compilation of reports on cooperative and cooperative federation registration results; the registration of representative offices, branches, and business locations of cooperatives and cooperative federations; the change of cooperative and cooperative federation registration content (if applicable);

b) For cooperatives and cooperative federations, including: the implementation of declarations on cooperative and cooperative federation registration content; the implementation of regulations on naming and symbols of cooperatives and cooperative federations; the implementation of regulations on declarations of representative office, branch, and business location registration content of cooperatives and cooperative federations; the declaration of changes to cooperative and cooperative federation registration content (if applicable); the public disclosure of information about cooperatives and cooperative federations, representative offices, branches, and business locations.

2. Inspect compliance with regulations on conditions for becoming members of cooperatives and cooperative federations, including:

a) The implementation of regulations on admitting and terminating member status in cooperatives and member cooperatives;

b) The establishment and operation of the Supervisory Board;

c) The implementation of procedures and formalities for convening the Member General Meeting.

3. Inspect compliance with regulations on dividing, separating, merging, consolidating, and dissolving cooperatives and cooperative federations, including:

a) For district business registration agencies, including: the receipt, guidance, handling, and resolution of requests for division, separation, merger, consolidation, and dissolution of cooperatives and cooperative federations; the recovery of Cooperative and Cooperative Federation Registration Certificates in cases of division, separation, merger, consolidation, and dissolution;

b) For cooperatives and cooperative federations, including: the implementation of procedures and formalities for dissolution; the notification of cessation of existence for cooperatives and cooperative federations that have been divided, separated, merged, or consolidated.

Article 11. Outline of Requirements for the Object Under Inspection to Report

The outline of requirements for the object under inspection to report shall be implemented according to Appendix I attached to this Circular.

Chapter III

REGIME OF INFORMATION AND REPORTING ON SPECIALIZED INSPECTION WORK IN PLANNING AND INVESTMENT

Article 12. Provisions on Sending the Inspection Conclusion of Specialized Planning and Investment Inspections

1\. The inspection conclusion of specialized inspections conducted by the Inspectorate of the Ministry of Planning and Investment must be sent to the Minister of Planning and Investment, the General Inspector of the Government, the inspected object, the head of the direct supervisory agency of the inspected object (if any), and related agencies, organizations, and individuals.

2\. The inspection conclusion of specialized inspections conducted by the Inspectorate of the Department of Planning and Investment must be sent to the Director of the Department of Planning and Investment, the inspected object, the head of the direct supervisory agency of the inspected object (if any), and related agencies, organizations, and individuals.

3\. The inspection conclusion of specialized inspections conducted by the General Statistics Office must be sent to the Inspectorate of the Ministry of Planning and Investment, the inspected object, the head of the direct supervisory agency of the inspected object (if any), and related agencies, organizations, and individuals.

4\. The inspection conclusion of specialized inspections conducted by the Statistics Bureau must be sent to the General Statistics Office, the inspected object, the head of the direct supervisory agency of the inspected object (if any), and related agencies, organizations, and individuals.

Article 13. Provisions on Reporting on Specialized Planning and Investment Inspections

1\. Responsibility for reporting:

a\. The Department of Planning and Investment has the responsibility to report to the Inspectorate of the Ministry of Planning and Investment on the situation and results of specialized planning and investment inspection work.

b\. The Inspectorate of the Ministry of Planning and Investment has the responsibility to compile and report to the Minister of Planning and Investment and the General Inspector of the Government on the situation and results of specialized planning and investment inspection work.

2\. Types of reports, periods for data collection, and deadlines for submitting reports:

a\. Quarterly report for the period from December 10 of the previous year to March 9 of the reporting year; to be submitted to the Inspectorate of the Ministry of Planning and Investment before March 15 of the reporting year.

b\. Mid-year report for the period from December 10 of the previous year to June 9 of the reporting year; to be submitted to the Inspectorate of the Ministry of Planning and Investment before June 15 of the reporting year.

c\. Nine-month report for the period from December 10 of the previous year to September 9 of the reporting year; to be submitted to the Inspectorate of the Ministry of Planning and Investment before September 15 of the reporting year.

d\. Annual summary report for the period from December 10 of the previous year to December 9 of the reporting year; to be submitted to the Inspectorate of the Ministry of Planning and Investment before December 15 of the reporting year.

3\. The outline and periodic reporting forms on specialized planning and investment inspections shall be implemented according to Appendices II and III attached to this Circular.

Article 14. Provisions on Reporting on Inspection Work, Handling Complaints and Allegations, and Anti-Corruption

Agencies performing the function of specialized inspection in planning and investment shall implement the reporting regime on inspection work, handling complaints and allegations, and anti-corruption as prescribed in Circular No. 03/2013/TT-TTCP dated June 10, 2013, issued by the Government Inspectorate on the reporting regime for inspection work, handling complaints and allegations, and anti-corruption.

Chapter IV

IMPLEMENTING PROVISIONS

Article 15. Effective Date

This Circular takes effect from January 15, 2015.

Article 16. Implementation Organization

1\. Agencies, units, and individuals subject to application and related organizations and individuals shall be responsible for implementing this Circular.

2\. The Inspectorate of the Ministry of Planning and Investment shall be responsible for monitoring, inspecting, and evaluating the implementation of this Circular.

3\. In case of difficulties during implementation, organizations, units, and individuals shall send their opinions to the Ministry of Planning and Investment for consideration and resolution./.

 

ANNEX III: Consolidated inspection results form for the planning and investment sector issued together with Circular No. 08/2014/TT-BKHĐT dated November 26, 2014 of the Ministry of Planning and Investment

Name of the direct superior supervisory agency

Name of the reporting agency

CONSOLIDATED INSPECTION RESULTS OF THE PLANNING AND INVESTMENT SECTOR

(Data from .../.../201... to .../.../201...)