Decision No. 386/TTg On the delegation of investment permit issuance for foreign direct investment projects

DECISION OF THE PRIME MINISTER

Regarding the delegation of authority to issue investment licenses for foreign direct investment projects

PRIME MINISTER

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Law on Foreign Investment in Vietnam dated November 12, 1996;

Pursuant to Decree No. 12/CP dated February 18, 1997 of the Government detailing the implementation of the Law on Foreign Investment in Vietnam;

At the proposal of the Minister of Planning and Investment,

DECISION:

Article 1. Delegation of authority to issue investment licenses for foreign direct investment projects under the Law on Foreign Investment in Vietnam dated November 12, 1996, to the People's Committees of provinces and centrally governed cities (collectively referred to as the People's Committee of provinces) as follows:

1. The People's Committee of Hanoi City.

2. The People's Committee of Ho Chi Minh City.

3. The People's Committee of Hai Phong City.

4. The People's Committee of Da Nang City.

5. The People's Committee of Ba Ria-Vung Tau Province.

6. The People's Committee of Dong Nai Province.

7. The People's Committee of Binh Duong Province.

8. The People's Committee of Quang Ninh Province.

Article 2. The provincial People's Committee mentioned in Article 1 of this Decision shall be responsible for receiving project files, reviewing, and issuing investment licenses for foreign direct investment projects at the localities specified in Article 3 of this Decision.

Article 3. Foreign direct investment projects licensed by the provincial People's Committee must meet the following conditions:

1. In accordance with the planning for the development of economic and technical sectors, planning, and socio-economic development plans of the locality that have been approved.

2. Have a capital investment scale up to 10 million US dollars for projects in Hanoi City and Ho Chi Minh City, and up to 5 million US dollars for projects in other provinces and centrally governed cities, except for projects specified in Article 4 of this Decision.

3. Meet the export product ratio requirements established by the Ministry of Planning and Investment during each period.

4. Foreign-invested enterprises and foreign joint venture partners must ensure their own foreign currency needs.

5. Equipment, machinery, and technology must comply with current regulations; in cases where they do not meet these regulations, approval in writing from the competent state agency managing the economic and technical sector must be obtained before issuing the investment license.

6. Meet requirements for environmental protection, labor safety, and fire prevention.

Article 4. The authority to issue investment licenses will not be delegated to the provincial People's Committee for the following projects:

1. Projects belonging to Group A as defined in Article 93 of Decree No. 12/CP dated February 18, 1997 of the Government detailing the implementation of the Law on Foreign Investment in Vietnam.

2. Projects in the following fields: Oil exploration, extraction, and service. Electricity production. Seaport, airport, national highway, and railway construction. Cement, metallurgy, sugar production, alcohol, beer, and tobacco production.

3. Projects within industrial parks, export processing zones, high-tech parks.

Article 5

Project investment files shall be established in accordance with the guidelines of the Ministry of Planning and Investment.

Project review shall be conducted in accordance with Articles 83, 92, 94, 96, and 100 of Decree No. 12/CP dated February 18, 1997 of the Government detailing the implementation of the Law on Foreign Investment in Vietnam. The provincial People's Committee shall seek opinions from ministries and sectors regarding issues within their jurisdiction that have not been specifically stipulated. Ministries and sectors consulted about the project, including supplementary or amended cases, shall provide written responses within seven days of receipt of the provincial People's Committee's document; failure to provide written comments within this period shall be deemed as approval of the project.

3. Investment licenses shall be drafted according to a unified model of the Ministry of Planning and Investment. Within seven days of issuing the investment license, the provincial People's Committee shall send the original investment license to the Ministry of Planning and Investment and copies to the Office of the Government, the Ministry of Finance, the Ministry of Trade, and the Ministry managing the economic and technical sector.

Article 6. The provincial People's Committee shall implement amendments and supplements to investment licenses for projects that have been delegated investment licenses.

If supplementation or amendment of the investment license exceeds the delegated authority, it must be approved in writing by the Ministry of Planning and Investment prior to supplementation or amendment.

Article 7. Quarterly, semi-annually, and annually, the provincial People's Committee shall compile reports on the issuance of investment licenses, amendments, and supplements to investment licenses and submit them to the Office of the Government and the Ministry of Planning and Investment.

Article 8. Based on actual circumstances, the Ministry of Planning and Investment shall recommend to the Prime Minister decisions on adjusting the conditions for delegation and supplementing the list of provinces and centrally governed cities eligible for the delegation of investment license issuance authority.

Article 9. This Decision shall take effect from July 1, 1997.The Ministers, Heads of ministerial-level agencies, Heads of government agencies, and Chairpersons of People's Committees of provinces and centrally governed cities mentioned above shall be responsible for implementing this Decision.

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, and Chairpersons of People's Committees of centrally governed cities and provinces mentioned shall be responsible for implementing this Decision.