Decision No. 26/2012/QD-TTg Issuing the Regulation on Building and Implementing the National Investment Promotion Program

Pursuant to …;

Issuing regulations on the construction and implementation of the National Investment Promotion Program

__________________________ 

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

Based on the Investment Law dated November 29, 2005;

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;

At the proposal of the Minister of Planning and Investment;

The Prime Minister issues this Decision to issue the Regulations on the construction and implementation of the National Investment Promotion Program,

Article 1. These Regulations are attached to this Decision.

Article 2. This Decision takes effect from July 25, 2012. Proposals for investment promotion under the National Investment Promotion Program in 2012 shall be subject to the provisions of Decision No. 109/QĐ-TTg dated July 17, 2007 on the Regulations on the construction and implementation of the National Investment Promotion Program for the period 2007-2010 until this Decision takes effect.

Article 3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the central government, Directors of management boards of economic zones, industrial parks, export processing zones, high-tech zones, relevant organizations, units, and individuals are responsible for implementing this Decision./.

REGULATIONS

CONSTRUCTION AND IMPLEMENTATION OF THE NATIONAL INVESTMENT PROMOTION PROGRAM
(Attached to Decision No. 26/2012/QĐ-TTg dated June 8, 2012 of the Prime Minister)

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. These Regulations stipulate the construction and implementation of the National Investment Promotion Program (hereinafter referred to as the Program).

Article 2. These Regulations apply to:

a) Ministries, sectors, People's Committees of provinces and centrally governed cities, management boards of economic zones, industrial parks, export processing zones, high-tech zones which are the leading units organizing the implementation of investment promotion proposals under the Program (hereinafter referred to as the leading units);

b) Agencies, enterprises, business associations, industry associations which are participating units in the implementation of investment promotion proposals under the Program (hereinafter referred to as the participating units).

Article 3. Objectives of the National Investment Promotion Program

The objectives of the National Investment Promotion Program are to promote and enhance the effectiveness of investment promotion activities, create reasonable and effective connections among domestic and foreign investment promotion activities in Vietnam within a comprehensive unified program; connect investment promotion activities with trade promotion, tourism, and related fields.

Article 4. Contents of the National Investment Promotion Program

1. Promoting and advertising the investment environment of Vietnam:

a) Providing information and promoting the investment environment, policies of the Party and State on investment through mass media both domestically and internationally, publishing investment and business guidance materials and related publications;

b) Commissioning domestic and international media outlets to write articles, produce reports on radio, television, and online news sites; producing promotional films about the investment environment in Vietnam according to full-package contracts;

c) Upgrading and maintaining the operation of the online portal introducing the investment environment of Vietnam, connecting this portal with those of ministries, sectors, localities nationwide and reputable portals worldwide;

d) Organizing or participating in domestic and international exhibitions to introduce the investment environment and investment outcomes in Vietnam.

2. Developing guidelines, policies, and strategies for investment promotion:

a) Preparing studies on the current status of various economic sectors, regions, and industries to serve as a basis for developing and implementing investment promotion proposals;

b) Compiling a list of national key projects for domestic and foreign direct investment in line with the economic and social development strategy and plan for each period, technical and economic planning; preparing detailed project documents for national key projects;

c) Cooperating with domestic and international organizations and individuals to research and write proposals for investment promotion according to strategic partners (national or transnational corporations).

3. Organizing conferences, seminars, and investment promotion campaigns:

a) Organizing investment promotion campaigns at key locations abroad based on themes and sectors to attract foreign direct investment into Vietnam and promote Vietnamese businesses' investment abroad in suitable sectors;

b) Organizing investment promotion conferences and seminars domestically by region and sector to attract investment into key economic sectors.

4. Training and education:

a) Organizing training to enhance the capacity and skills of investment promotion for state management agencies, organizations operating in the field of attracting investment, and enterprises, including inviting foreign experts and lecturers to teach;

b) Training investment promotion officers through organizing survey teams, study tours, and exchanges of experience with successful investment promotion organizations around the world.

5. Other activities:

a) Supporting, providing information, promoting, and advertising the implementation of large-scale projects that have significant impacts on regional economic and social development;

b) Conducting on-site investment promotion activities, including organizing policy dialogues, perfecting legal frameworks, and resolving difficulties faced by enterprises that have invested in Vietnam;

c) Establishing national support centers for investors from countries with advanced technology and strong capital to provide special support mechanisms for investors from these countries.

6. Other investment promotion activities as decided by the Prime Minister.

Chapter II

CONSTRUCTION OF THE NATIONAL INVESTMENT PROMOTION PROGRAM

Article 4. Building the Content of the National Investment Promotion Program

1. The Ministry of Planning and Investment shall build the content of directional investment promotion activities for each period based on the requirements stipulated in Clause 4 of this Article.

2. Based on the actual conditions of localities, regions, sectors, and economic industries, and on the basis of the directional content mentioned in Clause 1 of this Article, relevant ministries, sectors, localities, management boards of economic zones, industrial parks, export processing zones, and high-tech zones shall develop annual and long-term investment promotion plans to be submitted to the Ministry of Planning and Investment, including proposals for investment promotion projects according to localities, regions, sectors, and key economic industries.

3. Based on the directional content of investment promotion for each period, the Ministry of Planning and Investment shall select projects that meet the requirements stipulated in Clause 4 of this Article to compile into the annual National Investment Promotion Program. Selected projects may be implemented within one year or over several years.

4. Investment promotion projects included in the Program must meet the following requirements:

a) Consistent with the national socio-economic development strategy for each period; socio-economic development planning and strategies of provinces, cities, economic regions, and industry development planning and strategies approved by the Prime Minister;

b) Consistent with the Government's orientation on attracting foreign direct investment into Vietnam and promoting investment from Vietnam abroad during each period; consistent with the policy of socializing investment capital, encouraging non-state economic sectors to invest in projects in line with overall development orientations;

c) Consistent with the objectives and contents prescribed in Articles 2 and 3 of this Regulation;

d) Have the nature of promoting investment in key economic sectors and regions according to the investment attraction orientation at each stage; including specific assessments of investment needs, data analysis, necessary updates, and practical value;

e) Effective and feasible in terms of implementation methods, timeframes, progress, and resources; not overlapping with other national promotion programs;

f) The leading unit must prepare the content and budget for each year for projects spanning two fiscal years.

5. Directional content for investment promotion activities by the Ministry of Planning and Investment shall be sent to relevant ministries, sectors, and localities before July of the preceding year; content regarding investment promotion needs and plans of ministries, sectors, and localities shall be sent to the Ministry of Planning and Investment before August of the preceding year.

Article 5. Authority to Approve the National Investment Promotion Program

Based on current laws governing the management of investment promotion activities and the provisions of this Regulation, after considering the comments from relevant ministries, sectors, and localities on projects within the Program, the Minister of Planning and Investment shall approve the annual National Investment Promotion Program.

Article 6. Procedures and Formalities for Approving the National Investment Promotion Program

1. Within thirty working days from the date of receiving the investment promotion plan proposals from relevant ministries, sectors, and localities, the Ministry of Planning and Investment shall compile and draft the Program and send it to related agencies for comments.

2. Within ten working days from the date of receiving the Program draft, related agencies must provide written comments, clearly stating their opinions on the suitability of project contents, overlaps between investment promotion projects in the Program draft and other promotion projects, and other related issues.

3. Within fifteen working days from the date of receiving comments from agencies, the Ministry of Planning and Investment shall incorporate these comments, finalize, and approve the Program. If necessary, the Ministry of Planning and Investment may convene meetings with related agencies to reach consensus on contentious issues in the Program draft. In cases where consensus cannot be reached, the Minister of Planning and Investment shall decide to approve the Program and bear responsibility for such decision.

4. Within seven working days from the date of Program approval, the Ministry of Planning and Investment shall publish the Program on its electronic information website; simultaneously, notify in writing related agencies about the approved Program content, specifying the objectives, leading units, participating units, supported funding levels, implementation schedules, locations, coordinating agencies, and other necessary requirements for each project under the Program.

Chapter III

IMPLEMENTATION OF THE NATIONAL INVESTMENT PROMOTION PROGRAM

Article 7. Implementation of the National Investment Promotion Program

1. The Ministry of Planning and Investment shall be responsible for managing, monitoring, and consolidating the implementation of the National Investment Promotion Program.

2. Ministries, sectors, and localities shall have the responsibility to coordinate with the Ministry of Planning and Investment in developing annual and multi-year investment promotion plans; review to ensure that there is no overlap in organizing the implementation of projects under the National Investment Promotion Program with activities within their respective jurisdictions; organize the effective implementation of projects promoting investment in industries and localities under their management.

3. The leading unit shall proactively organize the implementation of the project according to the approved objectives, contents, and schedule, and shall be responsible for its own activities.

4. In cases where multiple units participate in a project, the leading unit shall be responsible for coordinating and assigning participating units to implement each component of the project.

5. Participating units shall be responsible for implementing the assigned components according to the specified objectives, contents, and schedule; report on the results of implementation and settle accounts for the funds allocated for the assigned components with the leading unit.

6. For projects implemented abroad, the leading unit shall coordinate with Vietnamese representative agencies abroad in organizing the implementation to achieve the set goals and requirements.

Article 8. Investment Promotion Activities of Provincial People's Committees, Management Boards of Economic Zones, Industrial Parks, Export Processing Zones, and High-Tech Zones

1. Provincial People's Committees, Management Boards of Economic Zones, Industrial Parks, Export Processing Zones, and High-Tech Zones shall develop investment promotion plans within their authority, including appropriate budgets, in accordance with strategic planning for socio-economic development and the actual conditions of the locality; refer to the annual national investment promotion program to build and adjust their investment promotion activities accordingly, ensuring no overlap.

The funding for local investment promotion activities shall be directly sourced from the local budget and other legitimate financial sources of the locality.

2. The Minister of Planning and Investment shall consider and approve the inclusion of regional investment promotion projects in the Program, and decide on the locality to serve as the focal point for receiving and managing central government support funds for such regional investment promotion projects.

Article 9. Adjustment and Termination of Investment Promotion Projects under the National Investment Promotion Program

1. In cases where the leading unit requests adjustments, changes, or termination of a project under the Program that has been approved, the leading unit shall submit a written request to the Ministry of Planning and Investment, explaining the reasons clearly and proposing adjustment solutions.

Within ten working days from the date of receipt of the leading unit's written request, the Minister of Planning and Investment shall examine and decide on the adjustment, change, or termination of the approved project, and notify the decision in writing to the leading unit, the Ministry of Finance, and relevant agencies regarding the project adjustment.

2. In cases where the leading unit fails to implement or complete the investment promotion project within the planned year, the leading unit shall report to the Ministry of Planning and Investment, which may propose termination or extension to the following year, providing detailed explanations of the reasons. The Minister of Planning and Investment shall decide on the handling solution and send a written notice to the Ministry of Finance to propose financial procedural handling for the project.

3. Adjustments and changes to the content of investment promotion projects under this Program as stipulated in Clause 1 and 2 of this Article shall be decided by the Minister of Planning and Investment based on the total adjusted budget not exceeding the approved total budget.

4. In cases where violations are discovered in the implementation of the project's objectives, contents, and schedule by the leading unit, the Minister of Planning and Investment shall examine and decide on the termination of the project and notify the decision in writing to the leading unit and relevant agencies.

Article 10. Report on Implementation of Investment Promotion Programs

1. Before November 15 each year, the leading unit shall submit a report evaluating the results achieved and the impact of the program compared to the set objectives, contents, and requirements for investment promotion; clearly stating the disbursement situation and any recommendations related to the implementation of the investment promotion program announced in the next plan year to the Ministry of Planning and Investment.

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

2. The Ministry of Planning and Investment will not consider and include in the following year's Investment Promotion Program projects of leading units that did not fully comply with the reporting system regulations of the previous planning year.

3. Before March 31 each year, the Ministry of Planning and Investment shall compile and report to the Prime Minister on the implementation status of the National Investment Promotion Program of the previous year; specifically mentioning cases where leading units did not comply with the reporting system regulations, and sending copies to the Ministry of Finance and relevant agencies.

Article 11. Funding for Implementation of the Program and Management of National Investment Promotion Funding

1. Funding for implementing the national investment promotion program is allocated from the state budget, revenue, and other legitimate sources of funding (if any).

2. The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Finance to develop a budget support plan for implementing the National Investment Promotion Program according to current regulations.

The Ministry of Planning and Investment shall approve the list and budget plan for implementing each project under the National Investment Promotion Program, ensuring the total funding does not exceed the approved amount.

3. The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Finance to specify the level of support for the investment promotion contents stipulated in Article 3 of this Regulation based on the principle:

a) Providing 100% funding for the contents specified in Clause 1 and 2, Point a Clause 3, Clause 4, Points a and b Clause 5 of Article 3 of this Regulation;

b) Providing up to 70% for the contents specified in Point b Clause 3, Point c Clause 5 of Article 3 of this Regulation;

c) Providing 70% funding for individuals not receiving salary from the state budget participating in the contents specified in Point d Clause 1, Point b Clause 3, Point a Clause 4 of Article 3 of this Regulation.

4. Annual national investment promotion funding provided by the state budget that remains unused in the planning year may be carried forward for use in the following year.

5. Leading units responsible for implementing projects are responsible for using the allocated funding efficiently and economically, and are accountable for the contents of income and expenditure according to the current financial regulations.

6. Leading units are responsible for settling all income and expenditure items of the project according to current laws and guidelines issued by the Ministry of Finance.

7. The Ministry of Finance shall take the lead and coordinate with the Ministry of Planning and Investment to guide the preparation of budgets, allocation, use, and settlement of investment promotion program funding.

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 is responsible for inspecting and supervising the implementation of the National Investment Promotion Program; ensuring the program is implemented in accordance with its objectives, contents, schedule, effectively, and in compliance with the law.

2. Leading units are responsible for providing complete documentation and information related to their projects and facilitating inspections and supervision of the program.

Article 13. Handling Violations

Organizations and individuals violating this Regulation shall be handled according to the current law depending on the severity of the violation.

Article 14. Implementation Organization

1. The Ministry of Planning and Investment and the Ministry of Finance shall provide guidance on implementing this Regulation.

2. Ministries, sectors, provincial People's Committees, and management boards of economic zones, industrial parks, export processing zones, and high-tech zones, in addition to their tasks of implementing the National Investment Promotion Program as stipulated in this Regulation, may organize other investment promotion activities outside 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 implementation, report to the Prime Minister for consideration and decision on amending and supplementing this Regulation.