Decree No. 39-CP On the functions, tasks, powers, and organizational structure of the State Committee for Cooperation and Investment

DECREE

OF THE GOVERNMENT DECREE NO. 39-CP DATED JUNE 9, 1993 ON THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE STATE COMMITTEE FOR COOPERATION AND INVESTMENT 

THE GOVERNMENT

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

Pursuant to the Law on Foreign Investment in Vietnam dated December 29, 1987, the Law Amending and Supplementing Certain Provisions of the Law on Foreign Investment in Vietnam dated June 30, 1990, and the Law Amending and Supplementing Certain Provisions of the Law on Foreign Investment in Vietnam dated December 23, 1992.

Pursuant to Decree No. 15-CP dated March 2, 1993 of the Government regarding the tasks, powers, and responsibilities of state management by ministries and ministerial-level agencies;

Considering the proposal of the Minister in charge of the State Committee for Cooperation and Investment, and the Minister in charge of the Organizational and Cadre Affairs Department of the Government,

DECREE:

Article 1.- The State Committee for Cooperation and Investment is an agency of the Government responsible for managing state affairs in the field of direct foreign investment in Vietnam and Vietnamese investment abroad.

Article 2.- The State Committee for Cooperation and Investment has the following tasks and powers:

1. Developing strategies, directions, and priority structures for attracting direct foreign investment into Vietnam, aligning with the national economic structure by sector and region, to be submitted to the Government; guiding ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees under central jurisdiction, and municipal People's Committees under central jurisdiction in drafting plans to attract direct investment into sectors and localities, compiling and publishing lists of priority projects for attracting direct foreign investment into Vietnam;

2. Drafting and submitting to the Government draft laws, ordinances, and policies on direct foreign investment in Vietnam and Vietnamese investment abroad; drafting and submitting to the Government agreements with countries regarding protection and encouragement of investment;

3. Guiding foreign parties and Vietnamese parties in investing in Vietnam and from Vietnam abroad, negotiating and signing investment contracts; guiding foreign parties on procedures for establishing wholly foreign-owned enterprises; recommending to the Government the establishment of export processing zones and other forms of investment;

4. According to the Government's regulations, organizing the examination to issue investment licenses for direct investment projects according to the Law on Foreign Investment; participating in reviewing indirect investment projects (foreign loans and aid) as decided by the Prime Minister, coordinating with relevant agencies for joint ventures with foreign participation based on contracts that enjoy benefits as stipulated by law;

5. Managing the content of activities to promote direct foreign investment in Vietnam and Vietnamese investment abroad, investment seminars, and investment advisory services as prescribed by the Government;

6. Directing, inspecting sectors and levels in implementing state programs and policies on direct foreign investment in Vietnam and Vietnamese investment abroad; managing state affairs concerning organizations providing investment advisory services;

Serving as the focal point for coordinating with the State Planning Committee, Ministry of Finance, Ministry of Trade, Ministry of Science, Technology, and Environment, State Bank, and other related agencies to handle important issues in the field of direct foreign investment;

7. Coordinating with relevant sectors and localities to supervise and inspect the operations of foreign-invested enterprises and joint venture contracts; handling issues arising during the implementation of direct investment projects;

8. Submitting to the Prime Minister for decision the organization responsible for investment cooperation work in sectors and provinces under central jurisdiction;

Implementing training and capacity building for officials in the field of investment cooperation; deciding on recruitment, utilization, rewards, disciplinary actions, retirement, and other state systems for officials directly managed by the Committee;

Article 3.- The organizational structure of the State Committee for Cooperation and Investment includes:

1. Legal Affairs and Investment Promotion Division,

2. Project Appraisal Division,

3. Project Management Division,

4. Export Processing Zone Management Division,

5. Organization and Cadre Training Division,

6. Office,

7. Representative Office in Ho Chi Minh City,

8. Investment Trading Center.

The Minister in charge of the State Committee for Cooperation and Investment shall specify the tasks, powers, and staffing of the above units.

Article 4.- The State Committee for Cooperation and Investment is led by the Minister in charge of the Committee, assisted by Deputy Ministers in charge of the Committee.

The Minister in charge of the Committee is responsible before the National Assembly and the Prime Minister for all activities of the State Committee for Cooperation and Investment. Deputy Ministers in charge of the Committee are responsible before the Minister in charge of the Committee for assigned work.

Article 5.- This Decree takes effect from the date of issuance. Decree No. 31-HĐBT dated March 25, 1989 of the Council of Ministers on the tasks, powers, and organizational structure of the State Committee for Cooperation and Investment, Decision No. 71-HĐBT dated June 16, 1989 of the Council of Ministers promulgating the "Provisional Regulations on Working Systems and Work Relations of the State Committee for Cooperation and Investment," and other previous provisions contrary to this Decree are abolished.

Article 6.- The Minister in charge of the State Committee for Cooperation and Investment, ministers in charge of ministerial-level agencies, government-affiliated agencies, and chairpersons of provincial People's Committees under central jurisdiction are responsible for implementing this Decree.