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Tuesday, December 12 2017
Tiếng Việt
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Date 30/10/2015-15:14:00 PM
Functions, Responsibilities and Structural Organization of the Foreign Investment Agency
Decision No. 521/QĐ-BKH dated April 16, 2009 by the Minister of Planning and Investment.

Article 1. The Foreign Investment Agency under the Ministry of Planning and Investment assists the Minister of Planning and Investment in performing state management functions related to foreign direct investment in Vietnam and outward foreign direct investment of Vietnam (hereinafter referred to as foreign investment and outward investment).

The Foreign Investment Agency has its legal personality; own seal and secondary account; its operation budget expenditures is funded by the State Budget and included in the annual cost estimate of the Ministry of Planning and Investment.

Article 2. The Foreign Investment Agency has the duties and powers as follows:

1. To act as a focal point for assisting the Minister in managing inward investment and outward investment; to preside over, co-ordinate with units within the Ministry, ministries, sectors and local authorities in drafting strategies, master plans, plans, list of projects calling for foreign direct investment capital in each period in compliance with the planning, general plan on investment and development of the whole country to be submitted to competent the level for determination; proposal for adjustment in case of necessity.

2. With respect to the consolidation, assessment of investment situations:

a) To act as a focal point for consolidating the results of foreign investment and outward investment for the purpose of consolidating national economic plans;

b) To consolidate, propose solutions to issues related to general policies on foreign investment and outward investments;

c) To follow, summarize, assess results and socio-economic effects of foreign investment and outward investment in association with the assessment of general investment efficiency;

d) To set up foreign investment and outward investment database system; to provide information on foreign investment and outward investment in compliance with the regulations of the Ministry.

dd) To carry out international cooperation in the field of statistics, consolidation and assessment of foreign investment and outward investment.

3. With respect to the setting up and organization of the implementation of laws and policies:

a) To preside over the setting up, amendment and supplementation of inward and outward investment policy and mechanism; to consolidate difficulties, obstacles and proposals, suggestions during the implementation of laws, mechanisms and policies on foreign investment and outward investment;

b) To co-ordinate with the Department of Legal Affairs and relevant units in building, amending and supplementing legal normative documents on foreign investment and outward investment as assigned by the Ministry;

c) To preside over or take part in the negotiation of international treaties relating to foreign investment and outward investment as assigned by the Ministry;

d) To take part in intergovernmental cooperation programs, working groups abroad, international organizations in the field of building and completing the mechanism and policy relating to foreign investment and outward investment as assigned by the Ministry;

dd) To act as a focal point for following, instructing the implementation of legal regulations relating to foreign investment and outward investment as assigned by the Ministry;

4. With respect to the state management over foreign investment and outward investment:

a) To preside over or co-operate with relevant units in monitoring, checking and inspecting the implementation of regulations on foreign investment and outward investment as assigned by the Ministry;

b) To consolidate, propose to settle problems arising in the area of foreign investment and outward investment;

c) To preside over or co-ordinate with relevant units in guiding the implementation of procedures for foreign investment and outward investment as assigned by the Ministry;

d) To co-ordinate with relevant units in providing for the unification of statistical reporting regimes on foreign investment and outward investment;

dd) With respect to BOT, BTO, BT projects:

- To receive applications and participate in verifying BOT, BTO, BT projects; preside over the making of procedures for adjusting BOT, BTO, BT projects.

- To submit to the Minister for approving the issuance of the Investment License for BOT, BTO, BT projects after such projects are is approved. To notify investors whether the Investment License has not been or is not issued in cases that the projects have not been or are not approved.

e) With respect to outward investment projects (including projects in the field of petroleum)

- To receive applications for outward investment projects; to participate in verifying outward investment projects; preside over the implementation of procedures for registering and adjusting outward investment projects;

- To submit to the Minister for approving the issuance of the Investment License for outward investment projects after such projects are approved. To notify investors whether the Investment License has not been or is not issued in cases that the projects have not been or are not approved.

5. With respect to the investment promotion:

a) To act as a focal point for undertaking the state management in investment promotion activities; to co-ordinate with relevant units in setting up strategies, plans, policies, directions for foreign investment and outward investment. To consolidate, evaluate and co-ordinate investment promotion activities.

b) To act as a focal point for consolidating, setting up the investment promotion program, plan of the Ministry; to monitor implementation situation, propose solutions to issues arising and submit to the Minister for adjusting the investment promotion program, plan of the Ministry.

c) To act as a focal point for consolidating, inspecting and setting up the national investment promotion program as stipulated by the Government and as assigned by the Ministry, including:

- To take part in the Investigation Council and the Secretariat of the national investment promotion program;

- To provide guidance on setting up and acting as a focal point for receiving, consolidating projects under the national investment promotion program and requests for adjusting, amending, supplementing, terminating projects under the national investment promotion program;

- To act as a focal point for drafting the annual national investment promotion program as regulated by the Government and the Ministry; draft the plan on adjusting and balancing contents in the national investment promotion program after receiving the notification of total expenditures from the Ministry of Finance;

- To act as a focal point for monitoring, checking, supervising and consolidating the implementation of the annual national investment promotion program.

d) To organize the implementation of investment promotion activities; preside over the preparation for and organization of meetings, contacts with investors as assigned by the Ministry; set up the relationship with partners in international co-operation relating to foreign investment and outward investment promotion according to the guidance from the Ministry;

dd) To act as a focal point for assisting investors in seeking opportunities and form investment projects, mobilizing investment promotion according to key programs and projects;

e) To act as a focal point for managing, co-operating with the Department of Foreign Economic Relations in instructing, monitoring and combining activities of the outward investment promotion section;

6. To co-operate with the Organization and Personnel Department and relevant units in organizing the training and improvement of officers working in the foreign investment; to co-operate to implement the emulation and reward granted to with foreign investment enterprises under its competence.

7. To manage the organization, workforce, property as assigned according to the regulations of the law and under the decentralization by the Ministry.

8. To implement other duties as assigned by the Minister of Planning and Investment.

Article 3. The organizational structure of the Foreign Investment Agency includes:

1. The Leaders of the Foreign Investment Agency include the Director General and a number of Deputy Directors

The Director General of the Foreign Investment Agency is responsible to the Minister for the organization and management of all activities of the Agency. The Deputy Directors are responsible to the Director General for their assigned working fields. The Director General and the Deputy Directors are appointed and removed by the Minister.

2. The units under the Foreign Investment Agency include

- Statistic & General Information Division;

- Policy Division;

- Foreign Investment Division;

- Outward Investment Division;

- Investment Promotion Division;

- Agency Offices;

- Investment Promotion Center – Northern Region Vietnam;

- Investment Promotion Center – Central Region Vietnam;

- Investment Promotion Center – Southern Region Vietnam;

Article 4. The Director General of the Foreign Investment Agency details duties and workforce for each of its unit within the duties and workforce assigned to it by the Minister of Planning and Investment; builds functions, duties and organizational structures of the Investment Promotion Center to submit to the Minister of Planning and Investment for consideration and determination.

Article 5. This decision shall take effect from the signing date. The previous regulations contrary to this decision are annulled.

Article 6. The Director General of the Foreign Investment Agency, the Director of the Organization and Personnel Department, the Chief of the Ministry Office and heads of related units shall be responsible for implementing this Decision./.

Minister Vo Hong Phuc

(signed)

(For reference only)

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