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PEOPLE'S COMMITTEE
 DA NANG CITY

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No: 1347/QD-UBND


SOCIALIST REPUBLIC OF VIETNAM
 Independence - Freedom - Happiness

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Da Nang, March 9, 2015


 

DECISION


ON THE ISSUANCE OF THE REGULATION OF COOPERATION BETWEEN DEPARTMENT OF PLANNING AND INVESTMENT AND DEPARTMENTS, BOARDS AND SECTORS RELATED IN THE ISSUANCE OF INVESTMENT CERTIFICATES FOR PROJECTS SUBJECT TO DISTRIBUTIONS INDUSTRIAL FDI


CHAIRMAN OF THE PEOPLE'S COMMITTEE OF DA NANG CITY


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

Pursuant to the November 29, 2005 Enterprise Law;

Pursuant to the November 29, 2005 Investment Law;

Pursuant to the Government's Decree No. 43/2010/ND-CP dated April 15, 2010 on enterprise registration;

Pursuant to the Government's Decree No. 108/2006/ND-CP dated September 22, 2006 detailing and guiding the implementation of a number of articles of the Investment Law;

Pursuant to the Government's Decree No. 24/2014/ND-CP dated April 4, 2014 regulating the organization of specialized agencies under the People's Committees of provinces and centrally run cities;

Pursuant to Circular No. 01/2013/TT-BKH dated January 21, 2013 of the Ministry of Planning and Investment guiding on enterprise registration;

At the request of the Director of the Department of Home Affairs and the Director of the Department of Planning and Investment,

DECISION:

Article 1. To promulgate together with this Decision the Regulation on coordination between the Department of Planning and Investment and relevant departments, agencies and sectors in the granting of investment certificates to projects subject to verification associated with the city. Establish branches of FDI enterprises.

Article 2. This Decision takes effect from the date of signing.

Article 3. The Chief of the Office of the City People's Committee, the heads of the departments, divisions and branches, the Presidents of the People's Committees of the districts and related organizations and individuals are responsible for the implementation of this Decision ./.

 

 

CHAIRPERSON




 Huynh Duc Tho

 

REGULATION

COOPERATION BETWEEN DEPARTMENT OF PLANNING AND INVESTMENT AND RELATED DEPARTMENTS, COMMITTEES AND SECTORS IN THE ISSUANCE OF INVESTMENT CERTIFICATES FOR PROJECTS SUBJECT TO INSPECTION ASSESSED WITH THE ESTABLISHMENT OF FDI BRANCH
 (Issued together with Decision No. 1347/QD-UBND dated March 9, 2015 of the Chairman of Da Nang City People's Committee)

Chapter I

GENERAL PROVISIONS

Article 1. Purpose of request

Improve the efficiency of coordination between the Department of Planning and Investment and relevant departments and agencies in the issuance of Investment Certificates for projects subject to verification associated with the establishment of branches of FDI enterprises. ,

Article 2. Subjects and scope of regulation

1. Objects

Departments, departments, branches and organizations and individuals related to the verification of investment certificates for projects associated with the establishment of branches of FDI enterprises (referred to as Investment Certificates for FDI enterprises for short) projects subject to verification).

2. Adjustment range

a) This Regulation specifies the responsibilities of relevant departments, agencies and sectors in accordance with the law on issuance of investment certificates for projects subject to verification associated with the establishment of branches of enterprises. FDI industry;

b) Other regulations on the grant of Investment Certificates for projects subject to verification that are not specified in this Regulation shall apply according to other relevant laws.

Article 3. Projects subject to verification

Investment certificates for projects subject to verification are prescribed for conditional investment fields (as prescribed in Article 29 of the Law on Investment and Appendix III of Decree 108/2006/ND-CP dated 22 September 2006 of the Government detailing and guiding the implementation of a number of articles of the Investment Law) and investment projects with an investment capital of 300 (three hundred) billion Vietnam dong or more (according to regulations). defined in Article 45 of Decree 108/2006/ND-CP of the Government).

chapter II

COOPERATION RELATIONSHIP OF RELATED DEPARTMENTS, BOARDS AND SECTORS IN ISSUANCE OF INVESTMENT CERTIFICATES FOR PROJECTS SUBJECT TO INSPECTION

Article 4. Duties of the Department of Planning and Investment

The Department of Planning and Investment (the lead agency) has the following tasks:

1. Guide, receive dossiers and implement the order and procedures in granting investment certificates for projects subject to verification according to regulations of Da Nang City People's Committee on publication of the set of administrative procedures. is under the jurisdiction of the Department of Planning and Investment of Da Nang city.

2. Determine the coordinating agency and the content to be consulted for each type of project to be verified;

3. Provide all necessary dossiers and documents related to the project to be verified to the coordinating agencies;

4. Fully synthesize the opinions of the coordinating agencies and report to the City People's Committee when submitting the investment certificate.

Article 5. Tasks of relevant departments, boards and branches

1. Based on their state management functions as prescribed in relevant legal documents, agencies have the duty to fully comment on the verification project dossier according to the following contents: this:

a) Legal clarity and completeness of project documents.

b) The conformity of the project with the regulations of the central government and the city related to the state management function of the agency consulted.

c) The opinion of the consulted agency on whether or not it agrees to grant the investment certificate for the project.

d) Other relevant issues.

2. The specialized agencies under the City People's Committee shall base themselves on the functions and tasks specified in the Decree No. 24/2014/ND-CP dated April 4, 2014 of the Government and relevant legal documents to consult give opinions on the contents mentioned in Clause 1 of this Article.

3. Request the Tax Department to cooperate in giving opinions on the contents in Clause 1 of this Article and contents related to taxes, incentives, exemption and reduction of corporate income tax and other contents related to its state management function.

4. Request the Border Guard Command, the Military Command and the City Police to cooperate in giving opinions on the contents of Clause 1 of this Article and the assurance of national defense and economic security. .

5. The relevant departments, agencies and sectors shall comply with the schedule in terms of time for commenting, take responsibility for the quality of participation, the legality and consistency of their comments.

Article 6. Order and procedures for transferring dossiers between agencies in collecting opinions for certification

1. Within 03 (three) working days from the day on which the investment project dossier is received, the Department of Planning and Investment shall send the dossier for verification opinions of the relevant departments, agencies and sectors.

2. When receiving dossiers of opinion collection, receiving civil servants belonging to departments, agencies and branches to be consulted must check the completeness and validity of dossiers. If the application is incomplete or invalid, it shall be returned to the Department of Planning and Investment for supplementation;

3. Within 07 (seven) working days from the date of receipt of complete dossiers, the departments, agencies and sectors must reply in writing and send the document file to the email address of the Department of Planning and Investment. Investment (skhdt@danang.gov.vn).

4. If the departments, agencies and sectors have written opinions after the time limit specified in Clause 3 of this Article, or beyond the time limit without giving written opinions, it is considered that they have agreed with the project dossiers to be appraised. determine and take responsibility before the City People's Committee for the content related to their state management functions.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 7. Responsibilities of agencies and units

1. The Department of Planning and Investment shall assume the prime responsibility for, and coordinate with relevant departments, agencies and sectors in organizing the implementation of this Regulation.

2. The Department of Home Affairs shall monitor, urge and inspect the implementation of the contents of this Regulation.

3. Specialized agencies under the City People's Committee are responsible for supplementing administrative procedures, "considering on the issuance of investment certificates for projects subject to verification associated with the establishment of branches of enterprises. FDI enterprises" into the set of administrative procedures under the jurisdiction of the unit to receive and settle according to the "one-stop shop" mechanism.

4. The Department of Justice appraises the review and publication of sets of administrative procedures under the handling competence of relevant units in accordance with the contents of this Regulation.

Article 8. In the course of implementation, if there are problems that need to be adjusted or supplemented, the Department of Planning and Investment shall assume the prime responsibility. Coordinate with relevant agencies to advise and submit to the City People's Committee for consideration and decision./.