Decision No. 1387/2005/QĐ-TTg on handling provisions on investment incentives and encouragement contrary to the law issued by provincial and municipal People's Committees under the Central Government

DECISION OF THE PRIME MINISTER

Handling provisions on investment incentives contrary to the law

issued by provincial People's Committees under the central government

PRIME MINISTER

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

Pursuant to the Law on Legislative Regulatory Documents dated November 12, 1996 and Law No. 02/2002/QH11 dated December 16, 2002 amending and supplementing certain articles of the Law on Legislative Regulatory Documents;

Pursuant to the Law on Issuing Legal Regulatory Documents of People's Councils and People's Committees dated December 3, 2004;

Pursuant to Government Decree No. 135/2003/NĐ-CP dated November 14, 2003 on inspection and handling of legislative regulatory documents;

Based on the proposal of the Minister of Finance in Circular No. 11236/BTC-PC dated September 7, 2005, the Ministry of Planning and Investment in Circular No. 5834/BKH-PTDN dated August 29, 2005, the Ministry of Justice in Report No. 2451/BC-BTP dated August 17, 2005, the Ministry of Natural Resources and Environment in Report No. 70/BC-BTNMT dated August 1, 2005, the Ministry of Trade in Circular No. 5466/TM-KH-ĐT dated November 8, 2005, the Ministry of Home Affairs in Circular No. 3275/BNV-TT dated November 11, 2005, and the Minister, Head of the Government Office,

DECISION:

Article 1. On the validity of provisions contrary to the law

1. Suspend the enforcement of provisions on investment incentives contrary to the law issued by the People's Committees of 31 provinces and centrally governed cities listed in Appendix I attached hereto from January 1, 2006, except for the cases provided for in Clause 2 of this Article.

2. Provisions on investment incentives contrary to the law contained in documents mentioned and not mentioned in Appendix I attached hereto which have been abolished, revoked, or replaced by other documents issued by the People's Committees of provinces and centrally governed cities before this Decision takes effect shall cease to be enforced according to the provisions of such abolishing, revoking, or replacing documents.

Article 2. Responsibilities of the People's Committees of provinces and centrally governed cities

1. The People's Committees of 32 provinces and centrally governed cities (including Can Tho City and Hau Giang Province separated from the old Can Tho Province) listed in Appendix I attached hereto shall immediately revoke the provisions on investment incentives contrary to the law they have issued.

2. The People's Committees of provinces and centrally governed cities shall be responsible for:

a) Self-inspecting, suspending the enforcement, and immediately revoking the provisions on investment incentives contrary to the law they have issued but not listed in Appendix I attached hereto;

b) Compiling a list of investment licenses and investment incentive certificates with unlawful decisions issued by the People's Committees of provinces and centrally governed cities to investors before January 1, 2006 according to the Model in Appendix II attached hereto, and sending it to the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Justice, and the Government Office for consolidation and reporting. The Prime Minister decides:

c) Reporting The Prime Minister on the results of implementing Clause 1 (if any), Points a and b of Clause 2 of this Article before March 1, 2006.

Article 3. Responsibilities of Ministers and Heads of Relevant Authorities

1. Minister of Planning and Investment:

a) To take the lead and coordinate with the Minister of Finance, Minister of Justice, Minister of Natural Resources and Environment, Minister of Trade, Chairman of the Government Office, and Heads of relevant Ministries, sectors, and agencies to organize the inspection of the implementation of this Decision, and report the results to the Prime Minister before July 1, 2006; To report the results of the implementation to the Prime Minister before July 1, 2006;

b) To take the lead and coordinate with the Minister of Finance, Minister of Justice, Minister of Natural Resources and Environment, Minister of Trade, Chairman of the Government Office, and Heads of relevant Ministries, sectors, and agencies to organize a review, amendment, and supplementation within their authority, or propose to competent state agencies to amend and supplement regulations on investment incentives and encouragement in accordance with the Investment Law adopted by the National Assembly at its eighth session of the eleventh term on November 29, 2005.

2. Minister of Home Affairs shall take the lead and coordinate with the Minister of Justice and Heads of relevant Ministries, sectors, and agencies, and Chairpersons of People's Committees of provinces and centrally governed cities to issue documents contrary to the law guiding agencies and responsible persons to strictly examine the responsibility of agencies and officials in the process of advising, drafting, reviewing, submitting for approval, signing, and promulgating documents containing provisions on investment incentives and encouragement that contravene the law.

Article 4. Effective date

This Decision takes effect from January 1, 2006.

Ministers, heads of ministerial-level agencies, heads of government agencies, and Chairpersons of Provincial People's Committees and Municipal People's Committees directly under the Central Government shall be responsible for enforcing this Decision.