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PEOPLE'S COMMITTEE
HO CHI MINH CITY
 ******

No: 45/2004/QD-UB


SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
 ********

Ho Chi Minh City, February 24, 2004


 

DECISION

OF THE CITY PEOPLE'S COMMITTEE ON PROVISIONS ON SOME POLICIES IN INVESTMENT PRIORITY FOR FOREIGN INVESTMENT PROJECTS IN HO CHI MINH CITY


HO CHI MINH CITY PEOPLE'S COMMITTEE


Pursuant to the November 26, 2003 Law on Organization of the People's Council and the People's Committee;

Pursuant to the Law on Foreign Investment in Vietnam, Decree No. 24/2000/ND-CP dated July 31, 2000 of the Government detailing the implementation of the Law on Foreign Investment in Vietnam, Decree No. 27 /2003/ND-CP dated March 19, 2003 amending and supplementing Decree No. 24/2000/ND-CP dated July 31, 2000 of the Government and guiding documents;

Pursuant to the Government's Decree No. 93/2001/ND-CP of December 12, 2001 on decentralization of a number of fields for Ho Chi Minh City;

At the proposal of the Director of the Department of Planning and Investment in the Report No. 3636/KHĐT-HTXT dated September 9, 2002, No. 284/KHĐT-HTXT dated January 22, 2003, No. 2031/KHĐT-HTXT dated January 28, 2003. May 2003 of the Director of the Department of Planning and Investment, of the Director of the Department of Land and Land, in Document No. 12186/DĐND-GTD dated September 30, 2002; by the Director of the Department of Finance and Pricing in Document No. 3760/ĐTSC-TCVG dated October 28, 2002; of the Department of Justice Document No. 307/STP-VB dated February 21, 2003; of the Department of Science - Technology and Environment Document No. 1057/SKHCNMT-KHCN dated May 22, 2003;

DECISION

Article 1. To promulgate together with this Decision a number of preferential policies in investment for foreign-invested projects in Ho Chi Minh City.

Article 2. This Decision takes effect 15 days after its signing. All previous regulations of the City People's Committee contrary to this regulation are annulled.

Article 3. The Chief of the Office of the People's Council and the City People's Committee, the Director of the Department of Planning and Investment, the Director of the Department of Finance, the Director of the Department of Taxation, the Director of the Department of Natural Resources and Environment, the Director of the Department Planning – Architecture, Director of Department of Justice, Heads of relevant departments and branches, Chairman of People's Committees of districts, General Directors of 90 Corporations, related organizations and individuals responsible for the implementation of this decision.


 


TM. CITY PEOPLE'S COMMITTEE

KT. CHAIRPERSON

PERMANENT VICE CHAIRMAN





Nguyen Thien Nhan


    


 

PEOPLE'S COMMITTEE
HO CHI MINH CITY
******
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
********

 

REGULATION

SOME PRIORITY POLICIES FOR FOREIGN INVESTMENT PROJECTS IN INVESTMENT PROCESSING SECTORS AND LINES OF HO CHI MINH CITY

(Issued together with the Decision No. /2004/QD-UB dated February 2004 of the City People's Committee).

Chapter I

GENERAL PROVISIONS

Article 1. Subjects of application:

a) Foreign-invested projects (established under the Law on Foreign Investment) in the following fields and industries:

- High-tech industrial projects (listed in Appendix 1).

- Project on production of new materials (listed in Appendix 2).

- Project on application of new technology in biology (listed in Appendix 3).

- New technology projects for the production of information and telecommunications equipment (listed in Appendix 4).

- Producing, processing and exporting 80% or more products (*)

- Producing high-grade raw materials and accessories for the production of shoes, sandals and clothes for export. (*)

- Producing high-grade steel, alloy, non-ferrous metal, special metal, billet, sponge iron; iron; (*)

- Training programmers; training skilled technical workers in mechanical and electronic industries.

- Undergraduate and postgraduate training in technical, information technology and economic majors.

- Producing special drugs for tuberculosis, cardiovascular, liver and kidney diseases, cancer, AIDS.

- High-tech hospital specializing in neurology, cardiology, tropical diseases.

- Tissue bank, blood bank.

- Producing raw materials for antibiotics.

- Building, maintaining and repairing ships with a tonnage of 10,000 tons or more.

- Collecting and treating wastes of all kinds in urban centers and industrial zones.

In each period, the list of priority fields and industries will be adjusted and supplemented to serve the city's development orientation.

b) Time of application:

The following preferential policies are only applied to projects licensed after the date of issuance of this regulation by the City People's Committee.

Chapter 2

PRIVATE POLICIES

Article 2. Establishing a land fund to facilitate investors when choosing an investment location:

In addition to the planned and under construction export processing zones and industrial parks, the City People's Committee assigns the People's Committees of districts to coordinate with the Department of Planning and Architecture to make detailed planning. Currently, there is no detailed planning in the areas, especially in the suburban and suburban districts, in order to create favorable conditions for investors in the process of finding investment locations.

Article 3. Support in compensation for ground clearance.

- For some specific cases with the commitment of investors, the city will organize compensation and site clearance before the site for investors, and at the same time organize resettlement for households. in the project area. After the project is licensed, the investor is responsible for refunding the advanced compensation and site clearance costs plus the loan interest (at the interest rate set by the State Bank from time to time).

- For projects specified in Article 1, if the site clearance costs are large, the City People's Committee may consider supporting part of this cost, the maximum support level shall not exceed the total amount. land lease that investors have to pay.

- In case the investor requests, the People's Committees of the districts are responsible for agreeing on compensation costs with households on the basis of an agreed exchange with the investor (the investor does not have to contact the locality). and negotiate directly with the people), prepare compensation plans for site clearance and resettlement plans for households, and organize the implementation of compensation for clearance and handover of vacant land to investors.

Article 4. Administrative procedure reform

a) Trade and Investment Promotion Center (ITPC) is the focal agency providing support services and information at the request of foreign investors in the process of market research, seeking opportunities and investment partners in Ho Chi Minh City. The Trade and Investment Promotion Center is responsible for contacting city departments to quickly resolve investor requests.

b) Department of Planning and Investment is the focal agency in guiding, receiving, appraising and submitting to the People's Committee of the city for licensing foreign direct investment projects according to its competence; implement the authorizations of the People's Committee of the city in the field of licensing and management of foreign-invested enterprises in the city. The Department of Planning and Investment is responsible for submitting to the People's Committee of the city, the Ministry of Planning and Investment and other Ministries and sectors for opinions according to the regulations on investment policies for targeted service projects. operating without precedent, group A projects and projects under the licensing authority of the Ministry of Planning and Investment. Within no more than 3 (three) working days after receiving the application for investment policy from the Department of Planning and Investment of the city, the People's Committee of the city shall issue a written approval or disapproval. investment policy for the project submitted by the Department of Planning and Investment.

In addition to the above cases, the City People's Committee assigns the Director of the Department of Planning and Investment to chair together with other departments such as the Department of Finance, the Department of Natural Resources and Environment, the Department of Science and Technology, and the Department of Planning and Investment. – Architecture and People's Committees of districts consider and answer (once) to investors on issues such as investment policy, land rent, location planning, current status and origin of land , regulations on technology and environmental appraisal, and investment incentives. Within 7 working days after receiving the foreign investor's request, the Department of Planning and Investment shall convene a meeting to collect opinions from members and related agencies and districts, and send written investor response.

Article 5. Support after investment license:

The Department of Planning and Investment is the focal point to support investors and foreign-invested enterprises in implementing projects since they are licensed for investment. Monthly, the Department of Planning and Investment summarizes and reports to the City People's Committee on the results of settlement and investor support during the project implementation.

Article 6. Reward policy:

Every year, the City People's Committee will organize to reward foreign-invested enterprises that successfully operate and make positive contributions to the city's socio-economic activities. The City People's Committee assigns the Department of Planning and Investment to draft reward regulations (titles, standards, reward forms, ...) to submit to the City People's Committee for approval and announce in the second quarter of each year five.

In addition, to encourage organizations and individuals to make active contributions to inviting, attracting and supporting foreign investors to invest in the fields and industries the city is encouraging investment. , The City People's Committee assigned the Department of Planning and Investment to draft and submit the reward regulations for the above subjects in the first quarter of 2004.


Chapter 3

TERMS ENFORCEMENT

Article 7. Implementation organization:

Directors of Departments, Ministers of Department-level agencies, Presidents of People's Committees of districts shall strictly implement this decision. During the implementation process, if there are any problems, the Department of Planning and Investment is the focal point to report to the City People's Committee for consideration and decision./.

 

CITY PEOPLE'S COMMITTEE


(*) Source: Decree No. 27/2003/ND-CP dated March 19, 2003