|Date issued:||14/02/2022||Effective date:||01/04/2022|
|Document Type:||Circulars||Status:||Still validated|
|MINISTRY OF PLANNING AND INVESTMENT||SOCIAL REPUBLIC OF VIETNAM|
Independence - Freedom - Happiness
|No: 02/2022/TT-BKHĐT||Hanoi, date 14 month 02 year 2022|
GUIDELINES ON INVESTMENT SUPERVISION AND EVALUATION FOR FOREIGN INVESTMENT ACTIVITIES IN VIETNAM
Pursuant to the November 17, 6 Investment Law;
Pursuant to Decree No. 29/2021/ND-CP dated March 26, 3 of the Government stipulating the order and procedures for appraising national important projects and investment monitoring and evaluation;
Pursuant to the Government's Decree No. 31/2021/ND-CP dated March 26, 3 detailing and guiding the implementation of a number of articles of the Investment Law;
Pursuant to Decree No. 86/2017/ND-CP dated July 25, 7 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;
At the request of the Director of the Foreign Investment Department;
The Minister of Planning and Investment promulgates a Circular guiding the supervision and evaluation of investment in foreign investment activities in Vietnam.
Article 1. Scope of regulation, subjects of application
1. Adjustment range
a) This Circular stipulates the supervision and assessment of investment for foreign investment activities in Vietnam.
b) The supervision and assessment of securities investment activities comply with the provisions of the law on securities.
2. Subjects of application
a) State management agencies related to foreign investment activities include ministries, ministerial-level agencies, provincial-level People's Committees, investment registration agencies and agencies with management functions. the State on investment according to the investment law;
b) Foreign-invested economic organizations and foreign-invested projects operating in the Vietnamese territory.
Article 2. Explain words
1. Projects with foreign investment is a project in one of the following cases:
a) The project is implemented by a foreign-invested economic organization or an economic organization specified in Clause 1, Article 23 of the Law on Investment and is granted an investment registration certificate in accordance with law;
b) The project is invested in the form of a business cooperation contract with the participation of a foreign investor or an economic organization specified in Clause 1, Article 23 of the Law on Investment.
2. Check the implementation of the state management of foreign investment is an activity carried out periodically according to plan or irregularly by competent state management agencies to investment registration agencies about:
a) The work of granting, adjusting and revoking the Investment Registration Certificate;
b) Management work after the issuance of the Investment Registration Certificate;
c) Compliance with master plans and plans already approved by competent authorities.
Article 3. Principles of supervision and assessment of foreign investment activities
1. In accordance with competence, functions, tasks, order and procedures and on the basis of law provisions.
2. No overlaps or duplicates in the scope of objects, time and contents of the test; coordination in monitoring, inspection and evaluation.
3. Timely, objective, accurate and rigorous.
4. Publicly, transparently, without obstructing or affecting the normal operation of agencies, economic organizations and foreign-invested projects in the process of monitoring and evaluation.
Article 4. Competence to supervise and evaluate foreign investment activities
1. Ministry of Planning and Investment
a) Monitor and evaluate the performance of state management of foreign investment;
b) Overall supervision and assessment of foreign-invested projects;
c) Inspect foreign-invested projects under the investment policy approval competence of the Prime Minister and the National Assembly; large-scale projects with great impacts on socio-economic development; and other projects under the direction of the Government or the Prime Minister.
2. Specialized state management agencies
a) Assume the prime responsibility for supervising and assessing the implementation of specialized laws on foreign-invested projects related to the field of management according to their competence.
Ministries and ministerial-level agencies in charge of specialized management may authorize local specialized management agencies to assume the prime responsibility for in-depth supervision and assessment of the field of sectoral management. The specialized management agencies in the locality are responsible for reporting the results of supervision and evaluation of investment projects in their respective localities to the specialized management ministries and the investment registration agencies in the locality.
b) With regard to foreign-invested projects operating in specialized fields under the jurisdiction of the ministries to consider and grant investment registration certificates (or papers of equivalent legal validity), specialized ministerial-level agencies shall be subject to the supervision and evaluation of these agencies in accordance with specialized laws.
Ministries and ministerial-level agencies in charge of specialized management are responsible for sending reports on monitoring and evaluation to the Ministry of Planning and Investment on an annual basis before March 01 of the following year. report.
c) Organize the overall supervision and assessment of foreign investment activities within the sectors and fields under their management.
3. People's Committees of provinces and centrally run cities
a) Organize the overall supervision and assessment of foreign investment activities within the scope of local management;
b) Directly or assign tasks to the Department of Planning and Investment to assume the prime responsibility for, and coordinate with specialized agencies at, and at all levels and units under the People's Committee of the province to supervise and evaluate the operation of the provincial People's Committee. economic organizations and foreign-invested projects in the locality.
4. The investment registration agency supervises and evaluates economic organizations and foreign-invested projects under its management in accordance with the law on investment.
5. Foreign investors and foreign-invested economic organizations shall monitor and evaluate projects themselves according to the provisions of Article 70, Point a, Clause 1, Clause 2, Article 74 and Clause 2, Article 96 of the Decree. Decree No. 29/2021/ND-CP.
SUPERVISION OF FOREIGN INVESTMENT ACTIVITIES
Section 1. MONITORING FOREIGN INVESTMENT ACTIVITIES
Article 5. Content and method of monitoring
1. The investment registration authority shall monitor the contents specified in Clause 1, Article 71 of Decree No. 29/2021/ND-CP.
2. The state management agency in charge of investment shall monitor the contents specified in Clause 1, Article 72 of Decree 29/2021/ND-CP.
3. How to conduct monitoring
a) Regular monitoring;
b) Monitoring topics.
Article 6. Regular monitoring
1. State management agencies and investment registration agencies assign responsibilities to attached units and individuals to regularly monitor and grasp the situation of economic organizations and capital projects. foreign investment within the assigned scope (collectively referred to as followers).
2. The monitor collects documents, information, and at the same time coordinates with relevant units to review and detect problems. In case of necessity, it is possible to request foreign-invested economic organizations or investors of foreign-invested projects to provide documents and documents for monitoring.
3. Periodically (6 months, 1 year) or irregularly at the request of the state management agency, investment registration agency, the monitor shall report in writing to the monitoring agency on the situation. implementation, operation, and problems of foreign-invested economic organizations, foreign investors and foreign-invested projects in their assigned geographical areas or domains. In case of detecting signs of violation in investment activities, it shall be reported to the agency in charge of monitoring for consideration and decision.
4. Monitors urge the implementation of reporting regimes as prescribed.
5. Supervisors make and store project management records.
Article 7. Topic monitoring
1. Based on the needs of state management and through the work of grasping the situation, studying relevant reports and documents, the agency responsible for monitoring develops monitoring programs and plans for a number of cases. economic organizations, foreign-invested projects within the scope of management responsibility; notify economic organizations and foreign-invested projects of the monitoring content, milestones, and monitoring time.
2. The agency in charge of monitoring shall make a specific monitoring plan by topic for the subjects in the plan; decide to set up a monitoring team, assign specific tasks to each member of the monitoring team; send a written request to the economic organization or project to be monitored, to prepare and send reports and documents for monitoring.
3. The supervision team requests the foreign-invested economic organization implementing the project to hold a reporting meeting; The members attending the meeting exchanged and discussed the contents of the report and asked to explain necessary issues.
4. The monitoring team shall report in writing to the agency responsible for monitoring on the monitoring results for the monitored foreign-invested economic organization or project. The report includes the contents specified in Clause 1, Article 5 of this Circular.
5. The agency responsible for monitoring, reviewing and evaluating reports of the Monitoring Team; notify in writing the monitoring results to the monitored foreign-invested economic organization or project of its advantages, shortcomings, disadvantages (if any) and necessary requirements.
6. The agency responsible for monitoring saves the results of the Monitoring Team in the project management file.
Section 2. INSPECTION OF FOREIGN INVESTMENT ACTIVITIES
Article 8. Contents of inspection of economic organizations and foreign-invested projects
1. The schedule of charter capital contribution and disbursement of registered investment capital; the situation of legal capital contribution (for sectors and fields where legal capital is regulated); the total realized investment capital and the ratio to the total registered investment capital.
2. Project implementation progress; the implementation of the project's investment objectives; the application of technology to projects subject to appraisal and opinions on technology (applied technology compared with technology already appraised or commented by a competent authority; installation of machinery; , equipment and technological lines of the investment project); technology transfer, for projects involving technology transfer (objects, contents, methods of technology transfer, results of technology transfer as agreed between the parties); the implementation of commitments and meeting investment conditions, market access conditions, conditions for enjoying investment incentives, investment support of investors when the project comes into operation.
3. The performance of financial obligations towards the State.
4. The implementation of legal provisions on labor, foreign exchange management, environment, land, construction, fire prevention and fighting and other specialized laws.
5. Financial situation of foreign-invested economic organizations
a) Value of assets contributed as capital by the parties (value of land use rights; value of machinery and equipment assets; intellectual property rights and other properties as prescribed by law);
b) The correct use of imported machinery and equipment to create fixed assets, raw materials, supplies and components imported for production are exempt from import tax;
c) Check the results of determining the enterprise value, the value of shares at the time before going on the stock exchange in some special cases showing signs of raising the value of the enterprise;
d) Transactions with overseas parent companies or companies with associated relations;
dd) Performance of debts (bank loans, corporate bond issuance and other loans);
e) Setting up and using reserve funds, depreciating fixed assets, accounting for exchange rate differences;
g) The distribution of profits for the state's capital contribution in foreign-invested economic organizations and projects;
h) Preservation of capital contribution of economic organizations and projects with state capital (including investment outside enterprises and accepting partners to contribute capital to joint ventures and associations in economic organizations).
6. Other contents related to the implementation of investment projects
a) The observance of regulations on investment supervision and assessment conditions and reporting and statistical regimes as prescribed;
b) The observance of measures to handle detected violations.
7. For projects subject to the issuance of an Investment Registration Certificate, in addition to the contents specified in Clauses 1 to 6 of this Article, the inspection contents also include the implementation of the contents specified in Clause XNUMX of this Article. Decision on approval of investment policy, Certificate of investment registration, Certificate of enterprise registration.
8. Depending on the purposes and requirements of the inspection and according to the nature and characteristics of the foreign-invested project, the inspection contents may include all or part of the contents specified in Article XNUMX of this Law. this.
Article 9. Contents of inspection of the performance of state management of foreign investment
1. The conformity of the investment project with the relevant planning according to the law on planning.
2. The implementation of the provisions of law on the grant, adjustment, shutdown, termination of operation of the investment project, revocation of the decision approving the investment policy, the investment registration certificate of the investor. investment registration agency according to the provisions of law.
3. Regulations on incentives and support for investment projects.
4. The supervision, evaluation and investment support after the issuance of the decision approving the investment policy, the Certificate of investment registration.
5. To perform the function of the focal agency to summarize and report on the implementation of investment projects as prescribed.
6. Compensation, site clearance, land recovery, and land handover.
7. The contents specified in Clause 2, Article 71 of Decree No. 29/2021/ND-CP.
Article 10. Examination form
1. Periodic inspection: conducted on the basis of the annual inspection plan approved by the competent authority specified in Article 4 of this Circular.
2. Unexpected inspection: carried out on a case-by-case basis, on the basis of management requirements and the actual situation, or on the basis of requests and complaints from agencies, organizations and individuals on problems problems in the process of implementing investment activities or in the process of organizing the implementation of laws and policies on foreign investment or showing signs of violations in investment activities of foreign-invested economic organizations. and foreign-invested projects.
3. Specialized examination: conducted in accordance with the provisions of specialized laws and at the request of specialized state management agencies in order to assess the implementation of the provisions of the law related to the field of study. management area according to authority.
Article 11. Inspection method
1. Depending on the actual content and situation, the competent authority shall carry out the inspection in the following ways:
a) Through the National Investment Information System;
b) Approving the report;
c) Organize inspection teams and working groups.
2. Based on the specific task, an inspection can be carried out in one way or a combination of the above methods to achieve the highest efficiency.
Article 12. Preparation, adjustment and notification of periodical inspection plans
1. The inspection plan shall be made into a separate document or included in the contents of the work program of the competent agency specified in Article 4 of this Circular. In case of necessity, the unit assigned the task of presiding over the inspection may submit to the head of the competent agency to adjust the inspection plan.
The inspection plan for the following year shall be sent to the inspection plan aggregator specified in Clauses 3 and 4 of this Article before November 30 of each year.
2. The inspection plan shall be made according to Form No. 1 promulgated together with this Circular for the inspection planning-making units and agencies to apply.
3. The Ministry of Planning and Investment is the agency that compiles annual inspection plans for economic organizations and foreign-invested projects of ministries, branches and provincial-level People's Committees on a national scale. country. In case there is a duplication of the test plan, the Ministry of Planning and Investment shall notify the agencies with the duplicate inspection plan to adjust the test plan.
4. The Department of Planning and Investment is the agency that compiles the annual inspection plan for economic organizations and foreign-invested projects in the provinces and centrally-run cities. In case there is a duplication of the test plan, the Department of Planning and Investment shall notify the agencies with the duplicate inspection plan to adjust the test plan.
5. The maximum time to publish and publicly announce the inspection plan on the website of the General Agency, the agency in charge of the inspection and on the National Investment Information System is 7 days from the date of issue. since the inspection plan is approved by the competent authority.
Article 13. Examination through the National Investment Information System
1. Inspection through the National Investment Information System shall be conducted regularly, periodically or irregularly as required.
2. Inspection contents include:
a) Contents specified in the Decision approving the investment policy, the Certificate of investment registration;
b) The observance of regulations on reports by state management agencies;
c) Compliance with regulations on updating information and reports of economic organizations implementing investment projects.
Article 14. Inspection through reports
1. Report inspection is conducted periodically or irregularly at the request of the person competent to examine or the agency assigned to inspect.
2. The report content and the time limit for sending the report must meet the requirements of the person competent to inspect or the agency, unit or individual assigned the inspection task.
3. The person competent to inspect or the agency, unit or individual assigned the inspection task shall consider the report, process information, request information appraisal and report on the inspection results.
4. The time limit for the inspected agency or unit to prepare the report is at least 20 days from the date of receipt of a written request for document preparation from the person competent to inspect or the agency or unit assigned to it. test task. In special cases, the time for the inspected agency or unit to prepare the report shall be decided by the person competent to inspect.
Article 15. Organization of inspection teams
1. The inspection through the organization of the inspection team is conducted periodically or irregularly at the request of the competent inspection agency. Based on the actual situation, the competent authority shall coordinate with relevant agencies to conduct interdisciplinary or specialized inspection of investment activities. In case there are 02 specialized inspections of a project in the same year, an interdisciplinary inspection team shall be established.
2. Establishment of inspection team
a) The unit assigned to develop an inspection implementation outline and submit it to the head of the competent inspection agency for a decision to establish an inspection team, clearly stating the name of the inspected object, the members inspection team (team leader, deputy head, members), scope, form, content and inspection time, responsibilities of the inspection team, inspection unit and related units.
b) The head of the inspection team shall submit the detailed inspection plan to the head of the competent agency or the head of the authorized unit for approval, including:
– Purpose and requirements of the test;
- Test content;
– Time and place of inspection;
- Composition of the inspection team;
- Assign tasks to members of the inspection team;
- Working program of the inspection team;
- Budgeting for the inspection team.
c) The agency or unit in charge of inspection shall send a written notice to the inspected object and relevant agencies and units (if any) about the inspection (time, place, content). test content; documents to be prepared for inspection).
The form of the report that needs to be prepared to serve the inspection is issued in Form No. 2 attached to this Circular for application by the agency or unit in charge of the inspection.
The time for conducting the inspection shall be decided by the head of the delegation, but must be after at least 05 working days from the date on which the inspected agency or unit receives the written inspection notice or after at least 07 working days from the date of inspection. from the date of issuance of the Decision on the establishment of the Union. The minimum time for document preparation of the test subject is 20 days from the date of receipt of a written request for document preparation.
In case of unexpected inspection, the inspection team must notify the inspection time and contents to the inspected agency at least 01 working day before the inspection date. In case of necessity, the head of the inspection team is entitled to set a time for unexpected inspection.
3. The inspection time of the inspection team shall be decided by the person who issued the decision to establish the inspection team; however, the maximum time to carry out on-site inspection is 20 days from the date of commencement of the inspection. In case the inspection is complicated, involving many agencies and large areas, the time limit for inspection may be extended, but must not exceed 30 actual working days from the date of commencement of the inspection. The inspection time for each economic organization or project does not exceed 03 actual working days. In case of complicated inspection contents, it may take longer but not more than 05 actual working days.
4. Organization of inspection
a) The head of the inspection team is responsible for organizing the implementation according to the detailed inspection plan;
b) The inspection team is responsible for collecting, researching, analyzing and evaluating information and documents related to the inspection contents; check and compare information and documents (if necessary); check the performance results as a basis for the report on test results;
c) The inspection team is responsible for making an inspection record. The inspection record is completed on the date of completion of the inspection at the inspected agency or unit. This record must be signed by the head of the inspection team or an authorized member, assigned (in case of conducting multi-problem, interdisciplinary inspection) and an authorized representative of the inspected unit to do the work. the basis for making the inspection result report and processing the test results later;
d) At the end of the inspection at the inspected place, the head of the inspection team shall notify in writing the competent representative of the inspected unit and hand over documents and equipment used in the inspection. checking process.
Article 16. Funding
Funds for inspection by state management agencies shall be balanced and allocated in the annual state budget and comply with the provisions of Articles 88, 89, and 90 of Decree No. 29 2021/ND-CP.
Article 17. Report on inspection results
1. Within 20 working days from the end of the inspection, the head of the inspection team or the unit in charge of the inspection is responsible for summarizing and reporting the inspection results.
2. The draft report on inspection results must be sent to the agencies participating in the inspection (in the case of an interdisciplinary examination) or of the members participating in the inspection team (in the case of the establishment of the inspection team). inspection) and the inspected agency or unit before submitting it to the competent authority for decision. The agency or member receiving comments must give a written reply within 05 working days from the date of receipt of the draft report on inspection results. Past the above time limit, if the agency in charge of inspection does not receive any feedback, it shall be considered to agree with the content of the draft report on inspection results.
3. The report content includes the following issues:
a) Grounds for conducting the inspection;
b) Form of examination;
c) Time and place of inspection;
d) Components participating in the examination;
dd) Name of the inspected agency or unit;
e) Inspection contents;
g) The advantages and disadvantages of the inspected agency or unit; the cause of the existence, weakness;
h) Opinions of agencies, units participating in the inspection or members of the inspection team;
i) Recommendations of the inspected agency or unit;
k) Conclusion of handling according to competence or proposals or recommendations to competent authorities on handling and overcoming of mistakes and weaknesses in implementation. It clearly states the opinions received from the agencies participating in the inspection, members of the inspection team or of the inspected unit; the basis of receiving these opinions; recommendations on how to handle existing problems;
l) Other issues (if any).
4. The official inspection results report shall be sent to the agency competent to issue the inspection decision for consideration and handling and the Ministry of Planning and Investment to summarize the inspection situation.
5. Depending on the characteristics and situation of the inspection, the notification of inspection results and inspection completion shall be made within 10 days from the date of receipt of the inspection team's report. The test result report will be publicly announced in one or several of the following forms:
a) Announcement at the meeting with components including: inspection decision maker, inspection team, inspected subjects, relevant agencies, organizations and individuals;
b) Information on the mass media;
c) Posting on the website of state management agencies;
d) Posting at the head office of the subject to be examined;
d) Provide information at the request of relevant agencies and organizations.
Article 18. Rights, obligations and responsibilities of agencies and units in inspection work
1. Rights, obligations and responsibilities of inspection agencies and units
a) Notify the inspected agency or unit of the time and contents of the inspection, and send a report on inspection results to the inspected agency or unit; report to the competent authority on the inspection results and propose the handling plan;
b) Request the competent specialized state management agencies in the locality to coordinate and support the inspection;
c) Handle according to their competence or propose competent agencies to promptly handle agencies, organizations and individuals that fail to implement or improperly implement policies and laws on investment and regulations. relevant laws;
d) In case of detecting inappropriate or unfeasible policies or laws, they shall handle them according to their competence or promptly propose competent state agencies to consider and amend them;
d) To commend according to their competence or propose competent agencies to promptly reward agencies and organizations, and to well implement policies and laws on investment and relevant laws.
2. Rights, obligations and responsibilities of the inspected agency or unit
a) Coordinate and create conditions for inspection agencies and units during the examination; appoint competent people and related people to work with the inspection team;
b) Strictly comply with the information and reporting regime at the request of the inspecting agency or unit;
c) Report and provide truthful information and documents; take responsibility before law for the content of reports, information and documents provided;
d) To abide by the decision of the inspection agency;
dd) Have the right to propose and explain the conclusions of the examination agency or competent person;
e) Take responsibility for the failure or improper implementation of policies, laws on investment and other relevant laws.
Article 19. Handling of inspection results
1. Competent agencies, organizations and people are responsible for handling inspection results when receiving inspection results reports. In case the competence is exceeded, the competent authority shall be requested to consider and decide.
2. The time limit for considering and handling the test results is within 15 working days from the time of receiving the written request from the relevant party.
3. Agencies, organizations and individuals that delay or cause difficulties for agencies in the examination process and the handling of test results must take responsibility before law.
4. The handling of test results must comply with the provisions of law.
ASSESSMENT OF FOREIGN INVESTMENT ACTIVITIES
Article 20. End of evaluation content
1. Progress of capital contribution to charter capital of foreign-invested economic organizations, legal capital (for industries requiring legal capital), investment capital contribution of foreign-invested projects ; the mobilization and use of mobilized capital in accordance with the provisions of law.
2. The project implementation progress is compared with the schedule specified in the Decision approving the investment policy or the Certificate of investment registration.
3. The project's land use and labor use; compliance with legal regulations on environmental protection.
4. The performance of financial obligations towards the State.
5. Evaluation of the results of the implementation of the objectives, mobilized resources, implementation progress, and project benefits.
6. Proposals and recommendations.
Article 21. Content of impact assessment
1. Evaluation of the implementation of the investment objectives and scale (the compliance with the planning, in accordance with the contents of the Decision approving the investment policy or the Certificate of investment registration, specialized legal regulations) related).
2. Evaluation of the completion level (according to the registered contents and progress; the content and progress are specified in the Decision approving the investment policy or the Investment Registration Certificate).
3. Evaluation of investment efficiency (using labor and land; payment to the state budget; investment rate; transfer of science, technology, and experience, management and business skills) on the basis of the basis of comparing costs and actual results achieved in the process of exploitation and operation.
4. Assessment of production technology level, science and technology transfer, technology and experience, management and business skills.
5. Evaluate the implementation of the reporting regime for state management agencies according to regulations.
6. Proposals and recommendations.
Article 22. Unscheduled assessment content
1. Conformity of project implementation results with investment objectives.
2. The degree of completion of the workload compared with the provisions in the Decision approving the investment policy, the Certificate of investment registration.
3. Identify unexpected occurrences (if any) and causes.
4. Impact of unexpected occurrences on the project implementation and the project's ability to complete the objectives.
5. Proposals and recommendations.
ORGANIZATION OF IMPLEMENTATION
Article 23. Terms enforcement
1. This Circular takes effect from August 01, 4.
2. This Circular replaces Circular No. 09/2016/TT-BKHDT dated June 30, 6 of the Minister of Planning and Investment guiding the monitoring, inspection and investment evaluation for investment activities. foreign investment in Vietnam.
Article 24. Implementation organization
1. Ministries, branches, People's Committees of provinces and centrally run cities, and investment registration agencies shall organize the implementation of supervision and assessment of foreign investment activities under their management. management in accordance with the provisions of this Circular.
2. The Ministry of Planning and Investment shall coordinate with ministries, branches and People's Committees of provinces and centrally run cities and investment registration agencies in guiding the organization and implementation of this Circular.
3. In the course of implementation, if any problems arise, relevant agencies, organizations and individuals are requested to send their comments to the Ministry of Planning and Investment for timely consideration and handling./.
(Issued together with Circular No. 02/2022/TT-BKHDT dated February 14, 02 of the Minister of Planning and Investment)
Sample number 1
NAME OF AGENCY,
SOCIAL REPUBLIC OF VIETNAM
….(4)…, date… month… ..…
.......................................... (state the content of inspection activities)
- Base ……….(test plan);
– Pursuant to the Decision to establish the Inspection Team …………..
The planned contents of the work plan are as follows:
1. List of members:
1. Mr (Mrs.) …………………….., Head of the delegation;
2. Mr (Mrs.) …………………….., Deputy Head of the delegation (if any);
3. Mr. (Mrs.) …………………….., member;
4. Mr. (Mrs.) …………………….., member;
2. Test purposes and requirements:
3. Working contents:
3.1. Contents of working with the IRC:
– The contents specified in Article 9 of this Circular.
- Evaluation of the implementation status and progress of foreign investment projects under their management over the past time.
- Opinions on handling the project, in the coming time.
3.2. Working contents of economic organizations' project implementation status and reports:
– The contents specified in Article 8 of this Circular.
- The ability to deploy the project in the near future;
– ……………………. (other contents according to the characteristics of the inspection team)
4. Working program:
Name of agency/economic organization/project
4. Task assignment:
4.1. Shared Responsibilities of members of the Inspection Team (according to the Decision on the establishment of the Inspection Team).
4.2. Specific Responsibilities of the members about the preparation, inspection tasks, and responsibility for compiling reports.
5. Budgeting and logistics:
– Travel and accommodation expenses in the course of work shall be made according to the Decision on establishment of the Inspection Team.
- Air travel expenses (if any).
- Other travel expenses.
(1) Enter the name of the direct managing agency (if any).
(2) Enter the name of the inspection agency.
(3) Abbreviation of the name of the agency or unit assigned to inspect.
(4) Enter the address according to the Government's guidelines on format
Sample number 2
(Form of report prepared for working with the Inspection Team)
SOCIAL REPUBLIC OF VIETNAM
REPORT ON PROJECT IMPLEMENTATION AND BUSINESS RESULTS OF THE ENTERPRISE
I. GENERAL INFORMATION ON ECONOMIC ORGANIZATIONS AND PROJECTS:
1. Name of economic organization:
Contact phone: Mobile:
2. License No./GCNDT/GCNDKĐT/GCNDKDN: date of issue:
Modifications (if any): date of issue:
Summary of Adjustments:
Requirements: Copy with the License / Certificate / Certificate of Registration / Certificate of Registration Adjustment.
3. Investor (specify name of each participating investor, name of country/territory):
4. Head office:
5. Project name:
6. Project operation objectives:
7. Project investment capital:
– Total registered investment capital (USD):
– Total contributed capital of investors (USD):
+ Investor ……………..: contribution…….. USD, in cash …………USD, equal to ….. USD, proportion of total contributed capital;
+ Investor …………..: contribute …….. USD, in cash ……..USD, in …. USD, proportion of total contributed capital;
- Progress of committed capital contribution:
– Regulations on incentives and support for investment projects and the implementation of conditions for enjoying incentives.
8. Term of operation: … years
9. Location of implementation:
II. THE IMPLEMENTATION PROJECT
1. Carry out administrative procedures:
– Tax code: (issue date)
– Construction procedures: Construction permit number: (issued date);
2. Realization of investment capital (USD):
2.1. Making capital contribution of each investor:
Contributed capital according to IRC (USD)
Contributed capital (USD)
Donation date, voucher number
… .. ………
2.2. Realized mobilized capital, including: borrowed capital (borrowed abroad, borrowed from parent company, borrowed from Vietnamese credit institutions) and other mobilized capital (issuance of stocks, bonds, from customers, …):
Name of lender (country)
Loan capital (USD)
Number of documents:
3. Status of implementation of each goal/work item, project investment costs:
Work, investment items
Commitment progress according to HS/GCNDKĐT
Actual implementation progress
Estimated total cost
– Comment whether the project implementation has been according to the committed schedule, if slow, explain the reasons:
4. Land use:
4.1. Land allocated and use situation:
Total area approved in principle when licensing
The area has been decided to lease land
Area of land used
Unused land area
Note: (Copy with documents and decisions related to the project's land)
4.2. Explain and give relevant comments on the lease and use of land, the implementation of the land use schedule, if slow, clearly state the reasons: ……………….………………. .……………………..
5. Design capacity, production situation (for production projects):
Estimated year of reporting
Production output, total
Consumption volume, total
6. Business situation, fulfillment of financial obligations to the State:
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Accumulation (since establishment)
Profit before tax/(loss)
Pay taxes and state budget (total payable)
- Corporate income tax
– Import and export tax
- Personal income tax
– Rent of land, water surface of river, sea
- Tax, other budget payment (insert tax name)
Tax payment, state budget (total paid)
Pay taxes and state budget (total outstanding and overdue debts)
Equity of economic organization/project
6. Labor (person):
Have a working GP
7. Situation of supply, norms and actual consumption of coal, electricity, raw materials (for mineral projects, production projects):
– Situation of exploitation and supply of main raw materials (limestone, clay…):
– Heat loss: kcal/product unit
– Power consumption: kwh/product unit
– Regarding investment in equipment system that utilizes exhaust heat to generate electricity: Invested and put into operation (in May……, investment value: …; generating capacity); If not, when to make the investment;
8. Compliance with regulations on environmental protection:
– Decision approving the environmental impact assessment report (number, date of decision, issuing agency) or Commitment to environmental protection
– Target and registered capacity according to the ERC.
– Target, design capacity approved/confirmed by environmental management agency.
– Investment items in waste treatment, costs: ….
- Waste treatment situation:
Type of waste
– Assess the satisfaction of the conditions on waste treatment according to the provisions of the law on environmental protection.
III. General assessment of the operation of economic organizations:
1. Economic and social effects of the project (to date and in the future):
2. Project implementation plan in the near future, stating the work, progress and time:
3. Issues arising during the implementation of investment projects in the field of cement production, recommendations of economic organizations related to policies, laws, and management mechanisms of the state.
…., date …. five ….