    State Committee for       Socialist Republic of Vietnam
Co-operation and Investment  Independence-freedom-Happiness
   Personnel Department            html----*html----
    of the Government 
       -----*----- 
      No: 1892TT/LB               Hanoi, October 01, 1994.

INTERMINISTERIAL CIRCULAR GUIDING fUNCTIONS, DUTIES, RIGHTS Of THE ORGANIZATION TO HELP THE MINISTERS, CHAIRMEN Of PEOPLE'S COMMITTEE Of PROVINCES, CITIES UNDER CENTRAL AUTHORITY (GENERALLY CALLED PROVINCES) IMPLEMENT STATE MANAGEMENT TO fOREIGN DIRECT INVESTMENT ACTIVITIES

foreign direct investment activity is a long-term and stable work which is increasing fast with regard to both quantity and quality. It is also regarded as a specialized field requiring complex and professional know ledge. for that reason, it is necessary to shape and define the duties of the Organization which helps the Ministers, Chairmen of people's committee of provinces implement State management to the activities concerning foreign direct investment.

The State committee for Co-operation and Investment and the personnel Department of the Government unanimously guide the following points:

1. functions of the Organization for co-operation and investment which helps the Ministers, Chairmen of People's committee of provinces:

The Organization for co-operation and investment which helps the Ministers, Chairmen of people's committee of provinces has advisory function to help leaders of the Ministries bring forward directions and measures for the management of foreign direct inve stment at their localities, is a key focal point to co-ordinate the activities among divisions, departments, institutes under the Ministries among Departments, offices and branches under the provincial authority, bridging with the State Committee for co-o peration and investment.

2. Duties, functions of the organization for co-operation and investment.

2.1. To advise the Ministers, Chairmen of people's committee of provinces on the formulation of planning to call for foreign direct investment according to forms of investment stated in the law on foreign Investment in Vietnam, make a list of projects and a plan to call for investment.

2. To guide Vietnamese economic organizations, which are permitted to enter into co-operation with foreign countries make a project description, selection of partners go into negotiation and to sign contracts.

3. To collect opinions of relevant organizations under provincial or city authority, forward proposals to the Ministers, Chairmen of people's committee of provinces to enunciate their views on problems related to investment projects which are under the Mi nistries and provinces responsibilities.

Any problems related to investment license (granting adjusted license, amendment withdrawal of license), important and complex problems or the nes which are beyond concrete regulations of the State, must be reported to the State committee for co-operation and investment for settlement.

The organization which helps the Ministers, Chairmen of people's committee of proposal to the relevant Ministry or province for settlement of the problems under the competence of the Ministry and province stipulated by the law and at the same time notify to the state committee for co-operation and investment.

4. To disseminate and guide the implementation of State law on foreign direct investment activities, grasp the implementation of the project, be a key focal point to receive proposals and complaints of the enterprises with foreign invested capital, forwar d proposals on necessary measures to settle problems arising during process of implementation of the investment project.

Quarterly every six month, year or in any unforeseen time, the provincial organization for co-operation and investment shall make reports to submit to the people's committee, the State committee for co-operation and investment, techno-economic specialized Ministries in respect of the situation of activities of the enterprises with foreign investment capital on its territory.

5. To organize or forward proposals on the fostering of Vietnamese personnel who deal with the management work at the enterprises with foreign invested capital.

III. form of organization

Depending upon specific conditions of each Ministry, province in the field of direct investment, the quantity and scale of investment projects, relationship with central bodies, the form and scale of the organization will be decided in an appropriate way.

1. The Ministries and branches at central level shall be entitled to apply the following forms:

a) Department for co-operation and investment: the Prime Minister shall decide the establishment of this department according to the proposals of the Ministries in charge of the management of relevant branch, opinions of the State committee for co-operati on and investment and the evaluation of the personnel department of the Government.

b) Division for co-operation and investment under the department for economy and planning (Planning) or department for international relations shall be decided by the Minister after having the agreement, in writing, of the State committee for co-operation and investment and the personnel department of the Government.

c) Group of experts in charge of co-operation and investment work which belongs to the department for economy and planning or department for international relations shall be decided by the Minister in charge of the management of relevant branch.

2. The provinces shall be entitled to apply the following forms:

Department for co-operation and investment under the planning committee or the office for foreign Economy of the province shall be decide by the chairman of people's committee of province after having the agreement in writing, of the State committee for c o-operation and investment and personnel Department of the Government.

- Group of experts in charge of co-operation and investment work which belongs to the office for foreign Economy or planning committee shall be decided by the people's committee of province.

The staffs of the organizations which help the Ministers, the chairmen of people's committee of province who are in charge of co-operation and investment shall be among total staffs assigned by the Government to the Ministries or provinces concerned.

IV. Organization of implementation

Based on the points mentioned above in part I, II, III of this circular, the Ministries and people's committee of provinces and cities under central authority are requested to organize the implementation of this circular during the process of implementati on, any impediments or proposals for adjustment, amendment shall be submitted to the State committee for co-operation and investment and personal department of the Government to consider and settle.

for The State Committee for          for  Personnel Department of
Cooperation and Investment           The Government
Vice Chairman                        Deputy Chief

NGUYEN MAI                           TO TU HA