Quyết định 03/2014/QD-TTg

DECISION

PROMULGATING THE REGULATION ON STATE MANAGEMENT OVER INVESTMENT PROMOTION ACTIVITIES

Pursuant to the Law on Government Organization dated December 25, 2001;

Pursuant to the Law on Investment dated November 29, 2005;

Pursuant to the Law on Representative Agencies of the Socialist Republic of Vietnam in overseas countries;

Pursuant to the Government’s Decree No. 108/2006/NĐ-CP dated September 22, 2006 on providing instructions on the implementation of several articles of the Law on Investment;

At the request of the Minister of Planning and Investment;

The Prime Minister hereby decides to promulgate the regulation on state management over investment promotion activities,

Article 1. “The regulation on state management over investment promotion activities” shall be issued together with this Decision.

Article 2. This Decision shall come into force from March 1, 2014.

Article 3. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of the People’s Committees of centrally-affiliated cities and provinces, shall be responsible for implementing this Decision./. 

REGULATION

STATE MANAGEMENT OVER INVESTMENT PROMOTION ACTIVITIES

(Issued together with the Prime Minister’s Decision No. 03/2014/QĐ-TTg dated January 14, 2014)  

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

1. This Regulation shall stipulate the state management over investment promotion activities and the mechanism for cooperation among Ministries, ministerial-level agencies, Governmental agencies, People’s Committees of centrally-affiliated cities and provinces (hereinafter referred to as Ministries and provincial People’s Committees) and management boards of industrial zones, hi-tech zones, processing and exporting zones, economic zones and border-gate economic zones (hereinafter referred to as management board) in investment promotion activities.

2. Domestic and overseas investment promotion activities shall comprise the promotion of foreign direct investment into Vietnam and promotion of Vietnam's outward direct investment in foreign countries.

Article 2. Applicable entities

Entities governed under this Regulation shall include the followings:

1. Regulatory agencies including Ministries, provincial People’s Committees and Management Boards carrying out investment promotion activities;

2. Organization or individual assigned by competent authorities to carry out investment promotion activities financed by the government budget;

3. Organization or individual carrying out outward investment promotion activities which are not financed by the government budget.

Article 3. Content of investment promotion activities

The investment promotion shall include the following activities:

1. Study and assessment of investment potentials, markets, tendencies and partners;

2. Development of database used for investment promotion activities;

3. Compilation of the list of projects calling for investments;

4. Availability of publications and materials used for investment promotion activities;

5. Propagation, promotion and highlighting of investment environment, policies, potentials, opportunities and connection;

6. Training, education and improvement in investment promotion capability;

7. Assistance provided for organizations, enterprises and investors in getting thoroughly understanding of investment laws, policies and procedures; potentials, markets, partners and opportunities; execution of investment projects accredited by the investment certificate; 

8. Enhancement of domestic and international cooperation in investment promotion activities.

Article 4. Content of state management over investment promotion activities

Content of state management over investment promotion activities shall include:

1. Formulation and implementation of investment promotion plans in specific periods or on an annual basis;

2. Guidance on development and execution of the investment promotion programs;

3. Coordination in investment promotion activities;

4. Supervision and general evaluation of investment promotion performance and efficiency;

5. Cooperation among regulatory agencies, organizations and individuals in investment promotion activities.

Article 5. Principle of investment promotion activities

1. Investment promotion activities that take place inland areas and overseas countries must be created and unified into the investment promotion program after obtaining the consent from the Ministry of Planning and Investment.

2. Investment promotion activities joined by different departments and regions must be encouraged; separate investment promotion activities must be restricted so as to avoid overlapping, repetition or resource waste.

3. These activities must prove its feasibility in terms of implementation contents, methods, time, location, budget and progress.

4. Promotion activities must focus on investment projects accredited by the Investment certificate (hereinafter referred to as in-country investment promotion) by offering support, dealing with any difficulty, discrepancy and enhancing the efficiency in the project execution.

5. The combination of investment promotion activities with trade and tourism promotion activities and programs for external relation and cultural promotion activities must be strengthened. 

6. Mobilizing resources from all levels of society to support investment promotion activities must be improved.

Article 6. Requirements of investment promotion activities

1. Conform to the socio-economic developmental plan and program of the whole country, specific sectors and localities.

2. Align with the Government’s orientation towards attraction of foreign direct investment in Vietnam and Vietnam’s outward direct investment in overseas countries for specific periods.

3. Have a significant influence over the attraction and effective use of resources in all aspects or locations or regions given the developmental priority with the aim of fulfilling socio-economic objectives in specific periods.

Chapter II

DEVELOPMENT AND EXECUTION OF THE INVESTMENT PROMOTION PROGRAM

Article 7. Guidance on development of the investment promotion program

1. The investment promotion program is the collection of annual investment promotion activities approved by competent authorities in accordance with legal regulations in which implementation factors like contents, locations, time, progress, budget and focal point must be clearly determined. 

2. Based on socio-economic development objectives and orientation in specific periods, the Ministry of Planning and Investment shall provide instructions on development of the investment promotion program which contains the following important contents:

a) Objectives and requirements of investment promotion activities;

b) Proposed fields and sites in which the investment must be promoted;

c) Proposed partners;

d) Criteria for evaluation and approval of the investment promotion program;

dd) Other contents, depending on socio-economic development requirements.

3. Guidance on development of the investment promotion program must be submitted to Ministries, provincial People’s Committees before July 30 every year as a basis for development of the investment promotion program in the subsequent plan year.

Article 8. Development of the investment promotion program

1. Ministries and provincial People’s Committees must take account of the guidance on development of the investment promotion program provided by the Ministry of Planning and Investment, aims and objectives for development of sectors and localities in order to set up or put forward the annual investment promotion program which includes the followings:

a) Proposed activities integrated into the national investment promotion program;

b) Investment promotion program of Ministries, provincial People’s Committees (inclusive of investment promotion activities of Management Boards integrated into the investment promotion program of Ministries, provincial People’s Committees);

c) Proposed investment promotion activities integrated into the work agenda of the senior delegation from the leadership of the Communist Party and Government.

2. The investment promotion program shall be developed by adopting the identical form stipulated in the Appendix enclosed herewith.

3. Procedure for development of the investment promotion program:

a) Ministries, provincial People’s Committees shall collect investment promotion activities and develop a draft investment promotion program for submission to the Ministry of Planning and Investment before August 30 every year so as to integrate them into the national investment promotion program and investment promotion program of Ministries and other localities.

b) The Ministry of Planning and Investment shall give their written opinions on the contents of the investment promotion program developed by Ministries, provincial People’s Committees after aggregating all of investment promotion programs developed by Ministries, provincial People’s Committees.   

c) Ministries, provincial People’s Committees shall decide to grant their approval for these investment promotion programs after agreeing with the Ministry of Planning and Investment. 

d) Based on investment promotion programs of Ministries, provincial People’s Committees which have been collected, the Ministry of Planning and Investment shall send a written notification of investment promotion activities that take place in foreign countries to the Ministry of Foreign Affairs to request their cooperation. 

dd) In the course of the program execution, depending on the actual condition, Ministries or provincial People’s Committees can make proper adjustment to the investment promotion and decide to adjust the investment promotion program after agreeing with the Ministry of Planning and Investment.

4. Registration of investment promotion activities:

Organizations or individuals stipulated in Clause 3 Article 2 of this Regulation, upon organizing investment promotion activities in foreign countries, must apply for registration with the Department of Planning and Investment 30 days before such investment promotion activities are organized.  

5. Development and approval of the national investment promotion program shall be governed under the Prime Minister’s Decision No. 26/2012/QĐ-TTg dated June 8, 2012 on promulgating the regulation on development and execution of the national investment promotion program.

Article 9. Non-program investment promotion activities

1. Ministries, provincial People’s Committees can collaborate in organizing non-program investment promotion activities funded by the non-state budget finance provided by organizations, enterprises or investors if these activities conform to requirements stipulated in Article 5, 6 hereof.

2. When organizing investment promotion activities stipulated in Clause 1 of this Article, Ministries, provincial People’s Committees must notify the Ministry of Planning and Investment in writing of the activity content, location and participant composition not later than 30 days prior to the opening date.

Article 10. Study and evaluation of investment potentials, markets, tendencies and partners

1. Study and evaluation of investment potentials, markets, tendencies and partners shall be carried out in the following manners:

a) Collecting information, and studying and formulating proposals and reports;

b) Building domestic and foreign survey and study teams;

c) Organizing forums, conferences or workshops in the country and overseas countries;

d) Adopting other manners.

2. The Ministry of Planning and Investment shall be responsible for collaborating with the Ministry of Foreign Affairs and other relevant organizations or individuals in fundamentally studying, evaluating and providing updated information about investment potentials, markets, tendencies, demands and partners, etc. in order to lay a foundation for guidance on development of investment promotion programs. 

3. Ministries, provincial People’s Committees shall be responsible for studying and evaluating investment potentials, markets, tendencies, demands and partners in the areas under their management.

Article 11. Development of database used for investment promotion activities

1. Development of database used for investment promotion activities shall be carried out in the following manners:

a) Collecting, systemizing data and figures; setting up database of investment environment; investment legislation, policies and procedures; investment potentials, opportunities and partners; 

b) Establishing and operating electronic information network of investment legislation, policies and procedures, potentials, opportunities and partners;

c) Adopting other manners.

2. The database used for investment promotion activities must be updated on a regular basis in order to ensure the effective support for investment promotion activities.

3. The Ministry of Planning and Investment shall set up the general database used for supporting investment promotion activities. Ministries, provincial People’s Committees shall develop the database used for supporting investment promotion activities under their management.

4. The budget for the database development shall be derived from the annual financing for the investment promotion program of Ministries, provincial People’s Committees.

Article 12. Compilation of the list of projects calling for investments

1. The Ministry of Planning and Investment shall preside over and cooperate with Ministries, provincial People’s Committees in compilation of the list of national projects calling for investments in specific periods for submission to the Prime Minister. 

2. The Ministry of Planning and Investment shall be responsible for providing guidance on contents and standards for compilation of the list of projects calling for investments and detailed contents of projects that appear in such list for consistent use throughout the country.

3. Based on the guidance of the Ministry of Planning and Investment provided in Clause 2 of this Article, Ministries, provincial People’s Committees shall preside over and cooperate with the Ministry of Planning and Investment in compilation and announcement of the list of projects calling for investments in specific periods under their management.

4. Ministries, provincial People’s Committees shall take responsibility to publicly post and update the electronic information network with the following contents:

a) The list of projects calling for investments and detailed contents of projects that appear in this list;

b) Current condition of the list of projects calling for investments;

c) Amendment or supplementation to the list of projects calling for investments.

Article 13. Availability of publications and materials used for investment promotion activities

1. Publications and materials used for investment promotion activities shall include the followings:

a) Guide books, handouts; the list of projects calling for investments and detailed contents of projects that appear in this list;

b) Printed materials about general and thematic study;

c) Periodicals, newspapers or magazines; radio, television programs and commercials, etc. broadcasted through domestic and overseas media;

d) Gifts and souvenirs;

dd) Other publications or materials.

2. Publications and materials used for investment promotion activities must provide updated information about investment environment, legislation, policies, procedures, potentials, opportunities and partners.

3. Publications and materials can be designed for common use in different investment promotion activities or can be designed for particular use in separate investment promotion activities, depending on the requirements of such activities. 

4. The Ministry of Planning and Investment shall preside over making publications and materials available for use in the national investment promotion activities. Ministries, provincial People’s Committees shall design publications and materials used for supporting the investment promotion activities under their management.

Article 14. Propagation, promotion and highlighting of investment environment, policies, potentials, opportunities

1. Propagation, promotion and highlighting of investment environment, policies, potentials and opportunities in country and overseas country shall include:

a) Organizing or participating in conferences, workshops, exhibitions, forums or seminars in the country and overseas countries;

b) Organizing or participating in talks with agencies, organizations, enterprises and investors;

c) Forming or joining the delegation for investment promotion, depending on specific subjects or partners;

d) Running investment propagation and promotion programs through mass media in the country and overseas countries; signing a contract with domestic and foreign media agencies to produce news and features in the press, on radio or television programs or websites; producing films to promote the investment environment in Vietnam under the terms and conditions of a lump-sum contract;

dd) Adopting other propagation and promotional forms.

2. The Ministry of Planning and Investment shall assume the following duties:

a) Preside over, cooperate with Ministries, provincial People’s Committees in organizing propagation and promotion activities which have intersectorial and interregional attributes; promote the investment in projects that appear in the list of national projects calling for investments;

b) Assist and enable Ministries, provincial People’s Committees to participate in domestic and international propagation and promotion activities;

b) Support and participate in domestic and international propagation and promotion activities held by Ministries, provincial People’s Committees upon request;

3. Ministries, provincial People’s Committees shall assume the following duties:

a) Preside over and collaborate with relevant Ministries in organizing propagation and promotion activities to call for investments in the projects in the list under their management;

b) Participate in domestic and international propagation and promotion activities held by relevant Ministries, provincial People’s Committees upon request;

c) Notify the Ministry of Planning and Investment of the outcome of propagation and promotion activities after completion.

4. With regard to investment promotion activities organized by Ministries, provincial People’s Committees in overseas countries, depending on location, partner and extent, etc. of specific investment promotion activities, it may be necessary for the Ministry of Planning and Investment to assume the following duties:

a) Provide their assistance with the activity content and undertake investment promotion activities in overseas countries;

b) Participate in investment promotion activities in overseas countries in order to disseminate the general investment orientation and policy in Vietnam.

Article 15. Training, education and improvement in investment promotion capability

1. The training, education and improvement in investment promotion capability shall consist of the following contents:

a) International economy background, socio-economic context; current investment status; plan for socio-economic development and planning for development of specific economic sectors and regions;

b) Update on the investment legislation, regulations, policies and procedures;

c) The result of researches on investment potentials, markets, tendencies and partners;

d) Investment promotion practices;

dd) Other contents necessary for the investment promotion activity.

2. The Ministry of Planning and Investment Training shall preside over and cooperate with Ministries, provincial People’s Committees in training, education and improvement in investment promotion capability for in-charge officers across the nation.

3. Ministries, provincial People’s Committees shall be charged with training, educating and improving investment promotion capability of in-charge officers under their management.

Article 16. Enterprise and investor support

1. Ministries, provincial People’s Committees shall be responsible for providing assistance for enterprises or investors inside their area of competence to prepare and execute investment projects.

2. Such support shall include:

a) Providing information about socio-economic characteristics; current investment status; plan for socio-economic development and planning for development of specific economic sectors and regions; the legislation, regulations and policies; investment potentials, markets, tendencies and partners upon the request of these enterprises and investors; 

b) Providing guidance on investment procedures;

c) Providing guidance and assistance for enterprises, investors so as to eliminate any difficulty in the process of investment project execution;

d) Receiving, aggregating and submitting proposals or recommendations of enterprises or investors to competent authorities to find possible solutions.

3. With respect to large-scale and complicated investment projects, it is necessary for Ministries, provincial People’s Committees must together form a collaborative team to offer their support in all stages such as investment promotion (research, documentation and initiation of procedures), issuance of Investment certificates and investment project execution.

Article 17. Investment promotion cooperation

1. Domestic and international cooperations should be increased in order to improve the effectiveness and quality of investment promotion activities, including:

a) Coordination between investment promotion activities with trade and tourism promotion activities;

b) Cooperation between Ministries, provincial People’s Committees and Management boards;

c) Cooperation between Ministries, provincial People’s Committees, Management boards and agencies, organizations, associations, enterprises and investors;

d) International investment promotion cooperation.

2. The Ministry of Planning and Investment shall assume the following duties:

a) Undertake the cooperation negotiation, participate and act as the focal point in execution of bilateral and multilateral cooperation programs relating to investment and investment promotion;

b) Assist Ministries, provincial People’s Committees in engaging in investment promotion cooperation activities.

3. Ministries, provincial People’s Committees shall be responsible for actively engaging investment promotion cooperation activities in order to improve the effectiveness and quality of these activities.

Article 18. Focal point for state management over investment promotion

1. At the central level, the Ministry of Planning and Investment shall play their role as the focal point that assists the Government in consistent state management over investment promotion activities.

2. At the local level:

a) The Department of Planning and Investment shall act as the focal point that assists the provincial People’s Committee in state management over investment promotion at the local level;

b) Depending on the specific condition, Ministries, provincial People’s Committees shall designate a person or establish an investment promotion unit within their mechanism to be in charge of investment promotion activities, and shall be responsible for providing proper facilities, working conditions, salary and benefits, operating budget and expenditures for this unit.   

Article 19. Investment promotion unit of Vietnam’s representative agencies in overseas countries:

1. Duties of the foreign investment promotion unit: 

a) Study the investment strategies, environment, legislation, policies and tactics; demand for attraction of invested capital and capability of mobilizing investments, potentiality and capability of partners who make outward investment, especially for those who make outward investment in Vietnam, investment procedures of the host country; aims and objectives of cooperation and development of investment relations between the host country and Vietnam, all of which shall be reported to the Ministry of Planning and Investment for the purpose of providing updated information and serving as the timely proposal sent to domestic agencies;

b) Show their initiative in finding out investment opportunities, and encourage investors of the host country to make their investment in Vietnam; provide assistance for enterprises of the host country in making their investment in Vietnam; provide instructions on, participate in and assist with investment promotion activities of Vietnam in the host country; keep Vietnam's agencies, organizations and enterprises well-informed about cooperation state, possibilities and demands of the host country;

c) Provide guidance and assistance for Vietnamese investors operating in the host country; inform agencies, organizations and enterprises of the host country of investment cooperation state, possibilities and demands of Vietnam; cooperate with relevant agencies of Vietnam in supporting and dealing with any difficulty of Vietnam's investors who make their investment in the host country; keep track of the performance of investment activities of Vietnam's investors in the host country;

d) Cooperate in inspection of investors of the host country who make their investment in Vietnam and partners of Vietnam’s enterprises in the host country upon the request of competent authorities in Vietnam; participate in conferences, workshops, forums and any events concerning the investment cooperation held in the host country; get involved in the investment project-related negotiation; get involved in negotiating and monitor or ensure the strict conformity with the International Agreement on investment cooperation when they are assigned to do so; 

dd) Cooperate with other departments in the representative agencies in fulfillment of assigned tasks, protect lawful rights and interests of Vietnam’s agencies, organizations and enterprises when they are involved in investment cooperation in the host country; request the head of the representative agency to deal with any difficulty that may arise in relation to the investment cooperation between Vietnam and agencies, organizations and enterprises of the host country;

e) Prepare the work plan and program on a biannual and annual basis for submission to the head of the representative agency to seek his/her approval and report to the Ministry of Planning and Investment;

g) Perform other duties assigned by the head of the representative agency.

2. Management of finance, property and employment tools:

a) Operating budget of the investment promotion unit shall be governed by legal regulations on Vietnam's representative agencies;

b) The investment promotion unit shall be responsible for adhering to the approved budget estimate and complying with specific instructions of the representative agencies on a basis of current regulations;

c) The investment promotion unit shall be responsible for managing allocated finance, property and employment tools in accordance with governmental regulations and rules of the representative agency.

Chapter III

BUDGET FOR INVESTMENT PROMOTION ACTIVITIES

Article 20. Investment promotion expenditure of Ministries, provincial People’s Committees derived from the state budget.

1. The investment promotion expenditure of Ministries, provincial People’s Committees shall be specified in their annual budget plan.

2. The investment promotion expenditure of Ministries, provincial People’s Committees derived from the state budge shall only be used for financing investment promotion activities specified in the approved investment promotion program.

3. Planning and approving investment promotion expenditure of Ministries, provincial People’s Committees derived from the state budget shall be governed by this Regulation and other relevant legal regulations.

Article 21. Investment promotion expenditure of the national investment promotion program derived from the state budget

1. The expenditure on investment promotion activities of the national investment promotion program allocated by the government on an annual basis shall be specified in the annual budget plan.

2. Planning and approving expenditure on investment promotion activities of the national investment promotion program shall be governed by the Prime Minister’s Decision No. 26/2012/QĐ-TTg dated June 8, 2012 on promulgating the regulation on development and execution of the national investment promotion program.

Article 22. Mobilization of resources from all levels of society used as assistance with investment promotion activities

1. Resources from all levels of society should be increasingly mobilized in the manner of aids granted by organizations, associations, enterprises and investors so as to support activities defined in the investment promotion program.

2. Such resource mobilization must be transparent and definite, and conform to the approved plan and program for investment promotion activities and legal regulations; ensure the equality between interests of the society and those of sponsors.

Article 23. Coordination in the development of investment promotion program, allocation of investment promotion budget and implementation

1. The cooperation from the beginning of development of the annual investment promotion program along with allocation of state expenditures on investment promotion activities the must be guaranteed.

2. Ministries, provincial People’s Committees, after agreeing with the Ministry of Planning and Investment on the annual investment promotion program, shall be responsible for ensuring that the estimate of expenditures on specific activities specified in the investment promotion program must conform to legal regulations and must be specified in their annual budget plan.

3. Ministries, provincial People’s Committees, when undertaking investment promotion activities relating to a specific field or location, must cooperate with Ministries, provincial People’s Committees concerned in that field or location in contents and/or implementation. 

4. Upon receipt of the cooperation request, Ministries, provincial People’s Committees concerned shall be responsible for cooperating in investment promotion activities.

Chapter IV

INFORMATION AND REPORTING SYSTEM

Article 24. Information system

1. The Ministry of Planning and Investment shall be responsible for aggregating information about the current state of investment promotion activities across the nation; support and provide relevant information for Ministries, provincial People’s Committees and Management boards during the process of investment promotion activities.

2. Ministries, provincial People’s Committees and Management board shall be responsible for aggregating information about the current state of investment promotion activities under their management, and notify the Ministry of Planning and Investment of this in order to together aggregate such information on a quarterly, biannual and annual basis. 

Article 25. Reporting system

1. The Ministry of Planning and Investment shall preside over compilation of evaluation report on the current state of investment promotion activities throughout the country on a biannual and annual basis.

2. As for the biannual report, Ministries, provincial People’s Committees shall report on the current state of investment promotion activities and use of expenditures under their management and submit it to the Ministry of Planning and investment before June 20 every year to serve the aggregation purpose.

3. As for the annual report:

a) Ministries, provincial People’s Committees or Management board shall serve as the aggregation unit while the foreign investment promotion unit shall compile a report on the current state of investment promotion activities under their management and submit it to the Ministry of Planning and investment before November 30 every year to serve the aggregation purpose;

b) On the basis of the aggregated report on the current state of investment promotion activities of Ministries, provincial People’s Committees, Management boards and foreign investment promotion units, the Ministry of Planning and Investment shall submit the annual evaluation report on the current state of investment promotion activities to the Prime Minister.

4. The reporting system applied to the national investment promotion program shall be governed under the regulation on development and execution of the national investment promotion program.

5. The foreign investment promotion unit shall implement the monthly, quarterly, biannual and annual reporting system.

Article 26. Application of electronic information system for investment promotion activities

1. Ministries, provincial People’s Committees shall be responsible for setting up their own website and updating it with information about investment promotion activities.

2. The information and reporting system stipulated in Article 24 and 25 hereof shall be implemented in both written and electronic form.

3. The Ministry of Planning and Investment shall be responsible for setting up and operating the website providing updated information about foreign investment which also includes the system receiving electronic information or report on investment promotion activities.

Chapter V

RESPONSIBILITY OF REGULATORY AGENCIES FOR INVESTMENT PROMOTION ACTIVITIES

Article 27. Responsibility of the Ministry of Planning and Investment

The Ministry of Planning and Investment shall act as the focal point that assists the Government in state management over investment promotion activities. The Ministry of Planning and Investment shall assume the following responsibilities:

1. Preside over, cooperate with the Ministry of Foreign Affairs and relevant Ministries in formulation of the plan to call for foreign and outward investments; provide guidance on development of the annual investment promotion program; provide guidance on the system for information and report on the current state of investment promotion activities; 

2. Aggregate, develop and inspect the national investment promotion program and promote the implementation of the national investment promotion program; 

3. Provide guidance on the consistent content of the biannual and annual report;

4. Undertake activities specified in their investment promotion program and assigned tasks defined in the national investment promotion program;

5. Collaborate with the Ministry of Foreign Affairs and the Ministry of Home Affairs in submitting the plan to designate officers to work at foreign investment promotion units to the Prime Minister; practice their state management of the content of investment promotion activities managed by foreign investment promotion units;

6. Review and inspect any activity which is ineffective and does not adhere to provisions laid down in this Regulation and Vietnam's laws;

7. Hold training in investment promotion profession.

Article 28. Responsibility of the Ministry of Finance

1. Cooperate with the Ministry of Planning and Investment, other relevant Ministries or provincial People’s Committees in formulation of the budget plan for activities of the national investment promotion program and the investment promotion program of Ministries, provincial People’s Committees.

2. Preside over and collaborate with the Ministry of Planning and Investment in providing guidance on the limit on using expenditures derived from the state budget for investment promotion activities.

3. Provide instructions on procedures and processes for disbursing expenditures derived from the state budget on investment promotion activities.

4. Preside over and collaborate with the Ministry of Planning and Investment, other relevant Ministries, provincial People’s Committees in dealing with any difficulty relating to allocation and use of expenditures derived from the state budget on investment promotion activities.

5. Cooperate with the Ministry of Foreign Affairs, the Ministry of Planning and Investment in allocation of expenditures on investment promotion activities managed by foreign investment promotion units.

Article 29. Responsibility of the Ministry of Foreign Affairs

1. Engage in and collaborate with the Ministry of Planning and Investment, other relevant Ministries and provincial People’s Committees in executing programs, undertaking investment promotion activities, and integrating investment promotion activities into the foreign affairs. 

2. Provide assistance with and participate in investment promotion activities in overseas countries which have been approved in the notification of the Ministry of Planning and Investment. In case there is any new activity, the representative agency shall be responsible for notifying and agreeing with the Ministry of Planning and Investment before starting it.

3. Preside over and provide guidance for representative agencies on practicing state management over investment promotion units in overseas countries.

4. Collaborate with the Ministry of Planning and Investment, the Ministry of Home Affairs in requesting the Prime Minister to make the decision on establishment or dissolution of the investment promotion unit and on the payroll system of this unit within representative agencies.

5. Based on the request of the Ministry of Planning and Investment, make a decision on appointment of diplomatic ranks, delegation and extension of working time of investment promotion officers holding the office at representative agencies in accordance with legal regulations.

6. Hold training and examination in language skills and improve the foreign affair practices of investment promotion officers who are sent to take over the investment promotion task at representative agencies.

7. Representative agencies shall be responsible for providing proper facilities, means of transport, working conditions and operating expenditure for investment promotion units in overseas countries.

Article 30. Responsibility of Ministries, provincial People’s Committees

1. Preside over and collaborate with the Ministry of Planning and Investment and relevant Ministries in developing the annual investment promotion program and integrating proposed activities into the national investment promotion program.

2. Undertake activities specified in their investment promotion program and assigned tasks defined in the national investment promotion program;

3. Provide assistance for or participate in investment promotion activities directed by relevant Ministries, provincial People’s Committees under their management upon request.

4. Assume other specific responsibilities in accordance with provisions laid down in this Regulation.

Chapter VI

IMPLEMENTARY PROVISIONS

Article 31. Implementation

Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of the People’s Committees of centrally-affiliated cities and provinces, shall be responsible for enforcing this Regulation./.