Decision No. 521/QD-BKH of April 16, 2009, on functions, responsibilities and organizational structure of the Foreign Investment Agency

DECISION

ON FUNCTIONS, RESPONSIBILITIES AND ORGANIZATIONAL STRUCTURE OF THE FOREIGN INVESTMENT AGENCY

THE MINISTER OF PLANNING AND INVESTMENT

Pursuant to Government Decree No. 116/2008/NĐ-CP dated November 14, 2008 on the function, responsibilities, powers and organizational structure of the Ministry of Planning and Investment;
At the request of the Director of the Foreign Investment Agency (FIA) and the Department of Organization and Personnel

DECIDES:

Article 1.

The FIA is under the MPI and assists the Minister to implement state management functions on foreign direct investment in Vietnam (FDI) and Vietnam’s direct outward investment (Hereinafter called FDI and outward investment)

The FIA has its own legal entity, its own stamp and secondary bank account; The annual budget is allocated by the State within the budget for the MPI

Article 2. The FIA has the following responsibilities and powers:

1. To assist the Minister in managing FDI and onward investment; being chair agency to collaborate with MPI departments, ministries, agencies, provincial bodies to draft strategies, planning, plans, lists of projects calling for FDI for certain periods in accordance with overall development, investment plans of the whole country to submit to authorized bodies for approval; proposing for adjustments when necessary.

2. Regarding the synthesis and evaluation of investment situations

a. Synthesizing results of FDI and outward investment for the generalization of the national economic plan;

b. Synthesizing, requesting for solving arising problems related to polices on FDI and outward investment;

c. Monitoring, summarizing, evaluating results and socio-economic effectiveness of FDI and outward investment together with evaluating the effectiveness of the investment as a whole;

d. Establishing the database on FDI and outward investment; providing information on FDI and outward investment in accordance with the MPI’s regulations;

e. Implementing investment promotion in statistics, synthesis, evaluation of FDI and outward investment

3. Regarding making and implementing laws and policies:

a. Being the chair agency on making, amending, supplementing regimes, policies on FDI and outward investment; Summarizing and proposing solutions to arising problems in the implementation of the regimes, policies and laws on FDI and outward investment;

b. Coordinating with Registration Department and concerned units to make, amend and supplement legal documents on FDI and outward investment as assigned by the Ministry;

c. Hosting or taking part in negotiations of international conventions related to FDI and outward investment as assigned by the Ministry;

d. Taking part in inter-governmental cooperative programs, working groups with other countries, international organizations in making, improving regimes, policies related to FDI and outward investment as assigned by the Ministry;

e. Supervising, guiding the implementation of legal regulations related to FDI and outward investment as assigned by the Ministry

4. Regarding the state management of FDI and outward investment:

a. Hosting or coordinating with concerned units to monitor, supervise, inspect the implementation of regulations on FDI and outward investment as assigned by the Ministry;

b. Synthesizing, requesting for solving arising problems related to FDI and outward investment

c. Hosting or coordinating with concerned units to guide the implementation of procedures of FDI and outward investment as assigned by the Ministry;

d. Coordinate with concerned units, bodies to regulate statistic reports on FDI and outward investment;

e. For BOT, BTO and BT projects:

Receiving the documents and assessing BOT, BTO and BT projects; hosting amendments made to these projects

Proposing to the Minister for granting Investment certificates to BOT, BTO and BT projects after the projects have been approved; informing the investors in case they are not eligible or have not been granted with investment certificates.

e. For outward investment projects (including oil and gas projects)

Receiving the documents; assessing these outward investment projects; hosting the registration and amendments of these projects;

Proposing to the Minister for granting Investment certificates to outward investment projects after the projects have been approved; informing the investors in case they are not eligible or have not been granted with investment certificates.

5. Regarding investment promotion

a. Hosting the implementation of the state management on investment promotion; coordinating with concerned units to make strategies, plans, policies, orientation of foreign investment and outward investment; Synthesizing, evaluating and coordinating investment promotion activities.

b. Hosting the synthesis and construction of the Ministry’s investment promotion programs and plans; monitoring the implementation, proposing solutions to arising problems and summiting proposals to the Minister for amendments to the Ministry’s investment programs and plans.

c. Hosting the synthesis, evaluation and construction of the National investment promotion program as regulated by the State and as assigned by the Ministry, including:

Taking part in the evaluation committee and the secretary board of the Program

Guiding the construction and receiving, synthesizing projects under the National investment promotion program and receiving requests for amendment, adjustment, supplementation and termination of these projects.

Hosting the draft of annual National investment promotion program as regulated by the State and the Ministry; drafting adjustments, balances of parts of the Program when being informed of the total budget by the Ministry of Finance.

Hosting the supervision, monitoring and synthesis of the implementation of the program annually

d. Organizing investment promotion activities; hosting the meetings among investors as assigned by the Ministry; Establishing relationships, partnerships, international cooperation related to foreign investment promotion and outward investment as assigned by the Ministry;

e. Guiding investors in their searching and establishing investment projects; strengthening investment promotion for key projects and programs.

f. Hosting, in coordination with the Foreign economic relations Department, the management, guiding, supervision and coordination of foreign investment promotion units.

6. Coordinating with the Personnel Department and concerned units to hold training sessions for staff in charge of foreign investment; granting awards to foreign invested enterprises

7. Managing the organization, staff and property in accordance with legal regulations and the Ministry’s assignment

8. Fulfilling other tasks as assigned by the Minister of the Planning and Investment

Article 3: The FIA organizational structure includes:

1. The FIA leaders include Director and Vice Directors

The Director of the FIA is responsible to the Minister of Investment and Planning for the leadership and management of the whole operations of the Agency. The Vice Directors are responsible to the Director for the assigned work fields. The Director and Vice Directors are appointed and dismissed by the Minister.

2. The units under FIA are as follows :

The General – Information Department

The Policy Department

The Foreign Investment Department

The Outward Investment Department

The Investment Promotion Department

The Office;

The Investment Promotion Center – North Vietnam

The Investment Promotion Center – Central Vietnam

The Investment Promotion Center – South Vietnam

Article 4: The FIA Director regulates detailed tasks and number of staff of each unit within the framework of the tasks and personnel regulations regulated by the Minister; construct functions, tasks and organizational structures of Investment Promotion Centers to submit to the MPI Minister for review and decision.

Article 5: This decision shall come into effect from the signing date. Prior regulations contradictory to this Decision shall be abrogated.

Article 6: The FIA Director, Director of the Department of Organization and Personnel, the Chief of the Ministry Office and heads of related agencies shall bear responsibility to enforce this decision./.