Công văn 2828/BKHDT-DTNN

Dear the Hanoi Department of Planning and Investment,

In response to the Official Dispatch No. 1100/KH&ĐT-ĐTNN of the Hanoi Department of Planning and Investment dated April 2, 2014 and attached documentation on asking for advice on the award of the Investment Certificate to Maha Vietnam Co., Ltd., the Ministry of Planning and Investment gives their following opinions:

1. In terms of the business scope and operational objective:

- Exercising the right to the wholesale or retail distribution (no retail or wholesale distribution centers established) of commodities with HS code defined in the list enclosed in the attached documentation has not been in breach of legal regulations and action plan for commodity trading activities and those directly involving commodity trading activities of the foreign-invested enterprise located in Vietnam issued together with the Circular No. 34/2013/TT-BCT of the Ministry of Industry and Trade dated December 24, 2013.

- Carrying out the maintenance and repair of machinery and equipment used for technical safety tests, automobile emission system, shelving, lifting and pulling system used in the auto garage which are not governed under the schedule of specific commitments on services made by Vietnam to the WTO only applicable to personal and household goods (CPC 633). However, the company can render their maintenance and repair services under certain compulsory conditions: the company is required to undertake to render their “maintenance and repair services for products that the company has imported and distributed” (according to the HS code list attached in their documentation) for the purpose of supporting the after-sales service rendered to products that the company is permitted to import and distribute. This compulsory condition must be specified in the Investment Certificate.

As for the abovementioned business scope and objectives, the Department of Planning and Investment shall be requested to take into account the verification result produced by the Ministry of Industry and Trade and other relevant Ministries or agencies.

2. Project documentation

In terms of the company's financial capability: The new project documentation must enclose the 2012 income statement and confirmation of bank balances of the investor issued till September 16, 2013. The investor is requested to further submit the 2013 income statement and confirmation of bank balances issued till the submission of their documentation.

3. Other project-related issues must be considered and verified under the provisions of applicable laws.

These are the opinions of the Ministry of Planning and Investment which serve as the reference based on which the Department can conduct their study, research and submission to the Hanoi People's Committee for the consideration and decision within their delegated authority./.