Tiếng Việt
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The Ministry of Planning and Investment has just issued Circular 02/2022/TT-BKHDT guiding the supervision and assessment of an investment in foreign investment activities in Vietnam, effective from April 1, 2022.
Guidelines for supervision and assessment of foreign investment activities in Vietnam
This Circular stipulates the supervision and assessment of investment for foreign investment activities in Vietnam. The supervision and assessment of securities investment activities comply with the provisions of the law on securities.
The principle of supervision and assessment of foreign investment activities is in accordance with competence, functions, tasks, order, and procedures and on the basis of law provisions; openly, transparently, without obstructing or affecting the normal operation of agencies, economic organizations, and foreign-invested projects in the process of monitoring and evaluation.
According to the Circular, the contents of inspection of economic organizations and foreign-invested projects include progress of charter capital contribution, the progress of disbursement of registered investment capital; legal capital contribution situation; total realized investment capital and ratio to total registered investment capital; Project deployment progress; the implementation of investment objectives of the project; the application of technology to projects subject to technology appraisal and transfer; 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, etc.
In addition, inspect the fulfillment of financial obligations towards the state; the implementation of legal provisions on labor, foreign exchange management, environment, land, construction, fire prevention, and fighting, and other specialized laws; financial status of foreign-invested economic organization, and other contents related to project implementation.
As for the state management of foreign investment, the inspection contents are Conformity of the investment project with the relevant planning according to the law on planning; the implementation of the provisions of the law on granting, adjusting, shutting down, terminating the operation of investment projects, revoking decisions on approval of investment policies, investment registration certificates from agencies investment registration in accordance with the provisions of law; regulations on incentives and support for investment projects; the supervision, evaluation, and investment support after the issuance of the decision approving the investment policy, the investment registration certificate; compensation, site clearance, land recovery, land handover, etc.
Regarding the assessment of foreign investment activities, the Circular stipulates that the content of the final assessment includes: Progress on capital contribution to the charter capital of foreign-invested economic organizations, legal capital, investment capital contribution of foreign-invested projects; the mobilization and use of mobilized capital in accordance with the provisions of law; the project implementation schedule compared with the prescribed schedule; the use of land and labor of the project; compliance with legal regulations on environmental protection; the fulfillment of financial obligations towards the state; evaluate the results of the implementation of the goals, mobilized resources, implementation progress, project benefits, etc.
Impact assessment includes Evaluation of the implementation of objectives, investment scale; completion assessment; evaluate investment efficiency (using labor, land, paying the state budget, investment rate, transferring science and technology, and experience, management, and business skills) on the basis of comparison. compare costs and actual results achieved in the process of exploitation and operation; assessment of production technology level, scientific and technical transfer, technology and experience, management and business skills; evaluate the implementation of the reporting regime for state management agencies according to regulations, etc.
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