Decision No. 109/2007/QD-TTg On the issuance of the Regulation on the construction and implementation of the National Investment Promotion Program for the period 2007-2010

Pursuant to …;

Regarding the issuance of the Regulations on the construction and implementation of the national investment promotion program for the period 2007-2010 promoting investment

National period 2007 - 2010

PRIME MINISTER

Based on the Law on the Organization of the Government dated December 25, 2001;

The Government issues this Decree on the re-registration and conversion of foreign-invested enterprises and the change of investment licenses for projects implemented under joint venture contracts.

Pursuant to Decree No. 108/2006/NĐ-CP dated September 22, 2006 of the Government detailing and guiding the implementation of certain provisions of the Investment Law;

Considering the proposal of the Minister of Planning and Investment.

DECISION:

Article 1. The accompanying Decision hereby promulgates the Regulations on the construction and implementation of the National Investment Promotion Program for the period 2007-2010.

Article 2. These Regulations shall take effect 15 days from the date of publication in the Official Gazette.

Article 3. The Minister of Planning and Investment, the Minister of Finance, and the Heads of Ministries, ministerial-level agencies, and government agencies, and the Chairpersons of the People's Committees of provinces and centrally governed cities are responsible for implementing these Regulations.

REGULATIONS

Construction and Implementation of the National Investment Promotion Program for the Period 2007-2010

national promotion of investment period 2007 - 2010

(Accompanying Decision No. 109/2007/QĐ-TTg dated July 17, 2007)

of the Prime Minister)

PART I

GENERAL PROVISIONS

Article 1. 1. Principles, criteria, and allocation standards for state budget investment capital development phase 2016-2020 serve as the basis for planning medium-term and annual investment plans from the state budget for the period 2016-2020 at the national level, at all levels, and in all sectors and units using state budget funds. They also serve as the basis for managing, supervising, inspecting, and auditing the implementation of medium-term and annual investment plans.

These Regulations stipulate the construction and implementation of the National Investment Promotion Program during the period 2007-2010 (hereinafter referred to as the "National Investment Promotion Program").

These Regulations apply to investment promotion projects and programs of ministries and sectors managing investment and production, and provincial People's Committees (hereinafter referred to as "provincial People's Committees"); limited to foreign direct investment in Vietnam, direct investment from Vietnam abroad, and domestic investment.

Article 2. Definitions

1. "National Investment Promotion Program" is a program promoting investment constructed based on unified guidance for attracting and encouraging investment nationwide, consistent with the socio-economic development plan for the period 2006-2010 of the whole country, sectoral economic and technical planning, as well as the objectives, contents, and requirements specified in these Regulations, and supported financially by the State.

2. "Lead agency for the National Investment Promotion Program" refers to ministries, sectors, and provincial People's Committees assigned to lead the implementation of investment promotion projects and programs under the annual National Investment Promotion Program that have been approved.

3. "National Investment Promotion Program Review Board" is an agency assisting the Minister of Planning and Investment in compiling investment promotion projects and programs of ministries, sectors, and provincial People's Committees; organizing reviews, adjustments, and consolidation of projects and programs into the National Investment Promotion Program.

Article 3. Objectives and Contents of the National Investment Promotion Program

1. The objective of the National Investment Promotion Program is to strengthen management and enhance the effectiveness of investment promotion activities, linking investment promotion activities of ministries, sectors, and localities throughout the country into a comprehensive and unified program; linking with trade promotion, tourism, and related fields.

2. Basic contents of the National Investment Promotion Program:

a) Building and promoting the image of Vietnam; providing information and publicity about the investment environment, policies, and laws on investment, and the effectiveness of investment in Vietnam;

b) Establishing and maintaining databases for key industries and sectors requiring foreign direct investment;

c) Collecting data, researching, and compiling a list of key national projects calling for foreign direct investment suitable to strategic plans and socio-economic development plans at different periods, and sectoral economic and technical planning;

d) Upgrading and maintaining effective operations of websites introducing investment, particularly foreign direct investment in Vietnam, connecting with reputable websites worldwide and those of ministries, sectors, and localities within the country;

đ) Cooperating with organizations and individuals both domestically and internationally to research, select partners, and potential investment areas to enhance attraction of foreign direct investment into Vietnam and promote investment from Vietnam abroad;

e) Training to improve the capacity and skills of investment promotion for state management agencies and enterprises;

g) Organizing investment promotion campaigns in key areas overseas, investment promotion conferences and seminars within the country, aimed at attracting investment into key industries and regions, as well as encouraging investment from Vietnam abroad;

h) Supporting, advising legally, promoting, and publicizing the implementation of large-scale projects with significant impacts on regional and national socio-economic development;

i) Organizing and participating in domestic and international trade fairs and exhibitions to introduce the investment environment and results of investment activities in Vietnam;

k) Other investment promotion activities as decided by the Prime Minister.

Chapter II

CONSTRUCTION OF THE NATIONAL INVESTMENT PROMOTION PROGRAM

Article 4. Investment Promotion Project Proposal

1. Ministries and sectors managing investment and production, and provincial People's Committees shall develop investment promotion project proposals led by their respective ministries, sectors, and localities (in accordance with the model prescribed by the Ministry of Planning and Investment) to be submitted to the Ministry of Planning and Investment for compilation into the National Investment Promotion Program.

2. Investment promotion project proposals must comply with the provisions of Article 3 of these Regulations and meet the following requirements:

- Consistent with the socio-economic development plan of the province or city and the sectoral economic and technical planning approved by the Prime Minister;

- Having a significant impact on attracting investment into sectors or territories that need to exploit resources to implement the national socio-economic development strategy at different periods;

- Consistent with the Government's orientation on attracting foreign direct investment into Vietnam and encouraging direct investment from Vietnam abroad at different periods;

- Feasible and reasonable in terms of implementation methods; time and progress schedule; human, financial, and technical infrastructure resources.

- Combining and unifying investment promotion activities organized by relevant ministries, sectors, or localities. The investment promotion project-program of the provincial People's Committee needs to be integrated and unified with the investment promotion activities of related agencies within the locality (Department of Planning and Investment, Department of Trade and Tourism, Investment Promotion Center (Trade and Tourism Promotion Center), Industrial Park Management Board, Economic Zone, Free Trade Zone, High-Tech Zone...).

3. The investment promotion project-program for the planning year shall be sent to the Ministry of Planning and Investment before July 1st of the year prior to the planning year.

4. In cases where the investment promotion project-program needs to be amended and supplemented to be consistent with the objectives, contents, and requirements stipulated in Article 3 and Article 4 of this Regulation, the Ministry of Planning and Investment shall notify in writing the leading agency of the investment promotion program within no more than seven working days from the date of receipt of the project-program.

The leading agency of the investment promotion program must complete the amendment and supplementation of the project-program and resubmit it to the Ministry of Planning and Investment within no more than fifteen working days from the date of receipt of the notification from the Ministry of Planning and Investment.

Article 5. Examination and approval of the investment promotion project-program

1. Content of the review:

- The degree of compliance of the investment promotion project-program with the objectives, contents, and requirements stipulated in Article 3 and Article 4 of this Regulation;

- The benefits and necessity of the project-program in attracting investment into fields or regions that require resource exploitation to implement development strategies;

- The possibility of integration and combination with other investment promotion projects-programs;

- The rationality of the use of funds, resources, and other technical facilities.

2. The Prime Minister authorizes the Minister of Planning and Investment, based on current laws governing the management of investment promotion activities, the provisions of this Regulation, and the examination opinions of the National Investment Promotion Program Review Council, to approve and supervise the implementation of the annual national investment promotion program.

Article 6. The National Investment Promotion Program Review Council

1. The National Investment Promotion Program Review Council includes members who are authorized representatives of the Ministry of Finance, the Ministry of Trade, the Ministry of Foreign Affairs, the General Administration of Tourism, chaired by a Deputy Minister of Planning and Investment.

If necessary, the Chairman may invite representatives of agencies, organizations, or experts to seek advice.

2. The National Investment Promotion Program Review Council is responsible for compiling the investment promotion project-programs developed by ministries, sectors, and People's Committees; organizing reviews, adjustments, and compiling them into the annual national investment promotion program, submitting it to the Minister of Planning and Investment for consideration and approval.

3. The Prime Minister authorizes the Minister of Planning and Investment to issue a decision establishing the National Investment Promotion Program Review Council; promulgating the operational regulations and work procedures of the National Investment Promotion Program Review Council.

Article 7. Procedure and process for review

1. Within fifteen working days from the deadline for receiving valid investment promotion project-programs, the Ministry of Planning and Investment compiles these project-programs into a draft of the annual national investment promotion program and sends it to the members of the Review Council.

2. Within seven working days from the date of receipt of the draft of the national investment promotion program, the members of the Council send their review opinions to the Chairman of the Review Council.

3. Within thirty working days from the deadline for receiving project-programs, the Review Council organizes a meeting to review and conclude on the draft of the annual national investment promotion program to report to the Minister of Planning and Investment.

4. Within ten working days from the date of the conclusion on the draft of the national investment promotion program, the Minister of Planning and Investment approves the annual national investment promotion program based on the report and the conclusion of the Chairman of the Review Council.

5. Within seven working days from the date of approval of the annual national investment promotion program, the Ministry of Planning and Investment publishes it on the Ministry's website; at the same time, notifies in writing the relevant agencies about the content of the approved annual national investment promotion program, specifying clearly the objectives, the leading agency (ministry, sector, provincial People's Committee) responsible for organizing its implementation; the level of financial support; progress schedule; location; coordinating agency; and other necessary requirements for each project-program under the national investment promotion program.

For investment promotion project-programs not meeting the requirements to be included in the annual national investment promotion program, the Ministry of Planning and Investment shall notify the leading agency of the investment promotion in writing and specify the reasons; simultaneously sending the notification to the relevant agencies.

Chapter III

IMPLEMENTATION OF THE NATIONAL INVESTMENT PROMOTION PROGRAM

Article 8. Implementation of the national investment promotion program

1. The Ministry of Planning and Investment is responsible for managing, monitoring, and summarizing the implementation of the national investment promotion program. The leading agency of the investment promotion program is responsible for implementing the approved investment promotion project-programs based on the notification of the Ministry of Planning and Investment.

2. The leading agency of the investment promotion program proactively organizes the implementation of the program according to the objectives, contents, and progress specified in the Decision approving the annual national investment promotion program and is responsible for its own activities.

3. The leading agency of the investment promotion program assigns a subordinate unit with investment promotion functions to be the focal point for implementing the contents of the investment promotion project-programs; if necessary, invites relevant agencies to participate in implementing the investment promotion project-programs led by itself.

4. For investment promotion projects - programs involving multiple agencies, the leading agency of the investment promotion program shall be responsible for coordinating and assigning tasks to participating agencies for each component of the project - program.

5. Participating agencies shall be responsible for implementing the assigned contents in accordance with the set objectives, requirements, and schedule; reporting on the results of implementation and settling accounts for the assigned contents with the leading agency of the national investment promotion program.

Article 9. Adjustment and termination of investment promotion projects - programs under the National Investment Promotion Program

1. In cases where the leading agencies of investment promotion programs request adjustments, changes, or termination of investment promotion projects - programs under the annual National Investment Promotion Program that have been approved, the leading agency of the investment promotion program shall submit a written proposal to the Steering Committee of the National Investment Promotion Program, clearly explaining the reasons and proposing adjustment solutions.

Within ten working days from the date of receipt of the proposal from the leading agency of the investment promotion program, the Steering Committee shall report to the Minister of Planning and Investment for consideration and decision on the adjustment, change, or termination of investment promotion projects - programs under the National Investment Promotion Program.

In cases where violations by the leading agency of the investment promotion program in the implementation of the project's objectives, contents, and schedules are discovered, or if the contents of the investment promotion projects - programs under the National Investment Promotion Program are deemed no longer appropriate, the Steering Committee shall propose to the Minister of Planning and Investment for consideration and decision on termination.

The Ministry of Planning and Investment shall notify in writing the leading agency of the investment promotion program, the Ministry of Finance, and relevant agencies about the adjustment or termination of the implementation of investment promotion projects - programs under the National Investment Promotion Program.

2. If it is deemed necessary to adjust the contents of investment promotion projects - programs under the National Investment Promotion Program to meet specific requirements and circumstances, after consultation with the leading agency, the Steering Committee of the National Investment Promotion Program shall present to the Minister of Planning and Investment for consideration and decision, and inform all Ministries, sectors, and provincial People's Committees.

3. In cases where the implementation or completion of investment promotion projects - programs within the planned year cannot be achieved, the leading agency of the investment promotion program shall be responsible for reporting to the Steering Committee and proposing handling solutions. The Minister of Planning and Investment shall decide on specific handling solutions based on the recommendations of the Steering Committee.

4. Adjustments and changes to the contents of investment promotion projects - programs under the National Investment Promotion Program as stipulated in Clause 1 and Clause 2 of this Article shall be directly decided by the Minister of Planning and Investment if the support budget does not change from the approved level or only increases by less than one billion Vietnamese dong; in cases where the additional support budget exceeds one billion Vietnamese dong, prior approval from the Prime Minister must be obtained before making a decision.

Article 10. Report on Implementation of the Investment Promotion Program

1. Before November 15 each year, the leading agency of the investment promotion program shall submit a report on the evaluation of results and related recommendations regarding the implementation of announced investment promotion projects - programs during the planning year to the Steering Committee of the National Investment Promotion Program and the Ministry of Planning and Investment.

For projects - programs completed after November 15 each year, the leading agency shall submit an evaluation report on the implementation results to the Ministry of Planning and Investment within fifteen days from the completion date.

2. The Steering Committee will not consider or process further investment promotion projects - programs of agencies without reports on the implementation of the previous year's Investment Promotion Program.

3. Before December 30 each year, the Ministry of Planning and Investment shall compile and report to the Prime Minister on the implementation status of the annual National Investment Promotion Program; simultaneously sending to the Ministry of Finance and relevant agencies.

Article 11. Financial Support for Implementing the National Investment Promotion Program

1. The financial support for implementing investment promotion programs under the annual National Investment Promotion Program shall be provided by the State from the Fund established by Decision No. 195/1999/QĐ-TTg dated September 27, 1999, of the Prime Minister and allocated in the annual budget plan.

2. Based on the approved annual National Investment Promotion Program, the Ministry of Planning and Investment shall prepare the budget estimate for the National Investment Promotion Program for the Ministry of Finance to incorporate into the budget plan, report to the Government for submission to the National Assembly for approval and supplementation of the Fund mentioned in Clause 1 of this Article.

The Ministry of Finance shall notify the Ministry of Planning and Investment of the total budget allocated for the annual National Investment Promotion Program for the Ministry of Planning and Investment to allocate to the leading agencies implementing the investment promotion program.

3. The Ministry of Finance and the Ministry of Planning and Investment shall jointly specify the detailed levels of support for each activity of investment promotion as stipulated in Article 3 of this Regulation.

4. Leading agencies implementing investment promotion programs under the National Investment Promotion Program shall be responsible for the use of allocated funds, ensuring efficient and economical use of funds and accountability for revenue and expenditure items according to current financial regulations.

5. The leading agency of the investment promotion program shall be responsible for settling accounts for all revenue and expenditure items of projects - programs under the annual National Investment Promotion Program in accordance with current laws and guidelines of the Ministry of Finance.

6. The Ministry of Finance shall provide detailed guidance on procedures for allocating funds and settling accounts for the implementation of investment promotion programs under the annual National Investment Promotion Program.

Chapter IV

IMPLEMENTATION AND HANDLING OF VIOLATIONS

Article 12. Inspection and supervision of the implementation of the National Investment Promotion Program

1. The Ministry of Planning and Investment shall be responsible for inspecting and supervising the implementation of the National Investment Promotion Program; ensuring that the National Investment Promotion Program is carried out in accordance with requirements, objectives, contents, schedules, effectively, and in compliance with current laws.

2. The leading agency implementing the investment promotion program shall be responsible for providing complete materials and information related to the investment promotion program it leads and facilitating inspection and supervision of the program.

Article 13. Handling of violations

Organizations and individuals who violate this Regulation shall be subject to handling according to the provisions of current laws, depending on the severity of the violation.

Article 14. Implementation

1. The Minister of Planning and Investment and the Minister of Finance shall guide the implementation of this Regulation. The Ministry of Finance shall guide the management and use of funds to ensure the implementation of the National Investment Promotion Program for the period 2007-2010.

2. Ministries, sectors, and provincial People's Committees, in addition to their tasks of implementing the National Investment Promotion Program as stipulated in this Regulation, may organize other investment promotion activities not included in the National Investment Promotion Program, in accordance with current laws and the needs of ministries, sectors, and localities.

3. The Ministry of Planning and Investment shall compile issues arising during the implementation process, report to the Prime Minister for consideration and decision on amending and supplementing this Regulation./.